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10 results for “bogus purchases”+ Section 56(2)(viib)clear

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Key Topics

Section 26330Section 56(2)(viib)18Section 689Capital Gains6Long Term Capital Gains6Section 143(3)4Addition to Income3Section 143(2)2

ACIT 5 (1), BHOPAL vs. M/S VINDHYA SOLVENT PVT. LTD., BHOPAL

In the result, Revenue’s appeal is dismissed

ITA 281/IND/2018[14-15]Status: DisposedITAT Indore18 Oct 2022

Bench: Ms. Madhumita Roy& Shri Bhagirath Mal Biyani

For Appellant: RespondentbyFor Respondent: Shri Sumit Nema, Sr
Section 142(1)Section 143(2)Section 143(3)Section 56(2)(viib)Section 68

56(2)(viib) of the Act. It was not open for the Ld.AO to replace the value, contrary to law, by his own value without any legal basis and solely on surmises and conjectures and to make ITA No.281/Ind/2018 (ACIT vs. M/s. Vindhya Solvent Pvt. Ltd.) A.Y.–2014-15 - 28 - addition thereon. Thus, in our considered opinion, the order passed

RECONNECT ENERGY SOLUTION P LT,BENGALURU vs. THE DCIT 4(1) INDORE, INDORE

In the result, the appeal of assesse is partly allowed for statistical purposes

ITA 182/IND/2023[2016-17]Status: DisposedITAT Indore06 Dec 2023AY 2016-17

Bench: Shri Vijay Pal Raoreconnect Energy Solution Ltd. Dcit 1(4) No.22, Vk Kalyani, 7Th Floor Indore Vs. Sankey Road, Bengaluru (Appellant / Assessee) (Revenue) Pan: Aafcr 0074 H Assessee By Shri Anil Khandelwal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 16.11.2023 Date Of Pronouncement 06.12.2023

Section 40aSection 56Section 56(2)(viib)

bogus premium but a genuine premium charged in the facts and circumstances. Ld. AR has submitted that the AO has not taken into consideration the tangible assets, goowill, know-how, copy right and other such things for determining the fairness of valuation. The AO has accepted the premium received by the assessee for the shares issued during the assessment year

M/S. CHARITRA GOLD PVT. LTD.,RATLAM vs. THE PR. CIT, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

ITA 517/IND/2019[2014-15]Status: DisposedITAT Indore13 Jan 2021AY 2014-15

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

Section 263Section 56(2)(viib)

56(2)(viib) Exp. (a)(i) as option given in the Act and the same has been accepted by the A.O. 4. The appellant further craves to leave to add, alter/or amend any of the foregoing grounds of appeal as and when considered necessary 6. Before going through the facts and issues raised in the instant appeal which are commonly

SHRI ADITYA MUNDRA,DEWAS vs. PCIT UJJAIN, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

ITA 632/IND/2019[2014-15]Status: DisposedITAT Indore13 Jan 2021AY 2014-15

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

Section 263Section 56(2)(viib)

56(2)(viib) Exp. (a)(i) as option given in the Act and the same has been accepted by the A.O. 4. The appellant further craves to leave to add, alter/or amend any of the foregoing grounds of appeal as and when considered necessary 6. Before going through the facts and issues raised in the instant appeal which are commonly

DHIRENDRA INTERNATIONAL (P) LTD.,NEEMUCH vs. PR. CIT UJJAIN, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

ITA 750/IND/2019[2014-15]Status: DisposedITAT Indore13 Jan 2021AY 2014-15

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

Section 263Section 56(2)(viib)

56(2)(viib) Exp. (a)(i) as option given in the Act and the same has been accepted by the A.O. 4. The appellant further craves to leave to add, alter/or amend any of the foregoing grounds of appeal as and when considered necessary 6. Before going through the facts and issues raised in the instant appeal which are commonly

SHRI MANISH MUNDRA,INDORE vs. PCIT UJJAIN, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

ITA 635/IND/2019[2014-15]Status: DisposedITAT Indore13 Jan 2021AY 2014-15

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

Section 263Section 56(2)(viib)

56(2)(viib) Exp. (a)(i) as option given in the Act and the same has been accepted by the A.O. 4. The appellant further craves to leave to add, alter/or amend any of the foregoing grounds of appeal as and when considered necessary 6. Before going through the facts and issues raised in the instant appeal which are commonly

SHRI GOVIND DAS MUNDRA,INDORE vs. PCIT UJJAIN, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

ITA 634/IND/2019[2014-15]Status: DisposedITAT Indore13 Jan 2021AY 2014-15

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

Section 263Section 56(2)(viib)

56(2)(viib) Exp. (a)(i) as option given in the Act and the same has been accepted by the A.O. 4. The appellant further craves to leave to add, alter/or amend any of the foregoing grounds of appeal as and when considered necessary 6. Before going through the facts and issues raised in the instant appeal which are commonly

SHRI MANOJ MUNDRA,INDORE vs. PCIT UJJAIN, UJJAIN

In the result all the appeals of the assessee(s) (i) Shri Aditya

ITA 637/IND/2019[2014-15]Status: DisposedITAT Indore13 Jan 2021AY 2014-15

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

Section 263Section 56(2)(viib)

56(2)(viib) Exp. (a)(i) as option given in the Act and the same has been accepted by the A.O. 4. The appellant further craves to leave to add, alter/or amend any of the foregoing grounds of appeal as and when considered necessary 6. Before going through the facts and issues raised in the instant appeal which are commonly

M/S OREF SECURITIES PRIVATE LTD. ,MANDSAUR vs. INCOME TAX OFFICER, INDORE

In the result, appeal of the assessee is allowed

ITA 70/IND/2018[2013-14]Status: DisposedITAT Indore17 Nov 2021AY 2013-14

Bench: Shri Manish Borad & Ms.Madhumita Royआयकर अपील सं./ Ita No.70/Ind/2018 "नधा"रण वष"/Asstt. Year: 2013-14 Vs. Ito, Mandsaur. M/S.Oref Securities P.Ltd. 69, Agrasen Nagar B/H. Mid India Mandsaur.

For Appellant: Shri S. S. Solanki, CAFor Respondent: Shri Rajib Jain, CIT-DR
Section 133(6)Section 143(3)Section 271(1)Section 56(2)Section 56(2)(vii)Section 56(2)(viib)Section 68

viib ). 1.2 The AO has not made addition u/s 56(2)(vii)(b) but. has discussed the section in detail We have raised ground no. 1 to keep this matter alive. If any adjudication is to be given on this issue, We may be given some time to give separate submission on this issue. Ground No.2 2.1 This ground relates

THE DY. CIT 4(1), INDORE vs. M/S. VIJAYSHRI PACKAGING LTD. , INDORE

ITA 721/IND/2019[2015-16]Status: DisposedITAT Indore09 Feb 2021AY 2015-16

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year: 2015-16 M/S. Vijayshri Packaging Dcit-4(1), Vs. Limited, 34-C/2, Industrial Estate Laxmi Indore Bai Nagar, Indore (Revenue ) (Appellant) Pan No.Aabcv0048B C.O.No.11/Ind/2020 Assessment Year: 2015-16 M/S. Vijayshri Packaging Vs. Dcit-4(1), Limited, 34-C/2, Industrial Estate Indore Laxmi Bai Nagar, Indore (Appellant) (Revenue ) Pan No. Aabcv0048B Revenue By Shri Lal Chand, Cit Appellant By S/Shri Ajay Tulsiyan & Ranjan Agrawal, Cas Date Of Hearing 12.01.2021 Date Of Pronouncement 09.02.2021 O R D E R

Section 131Section 143(2)Section 143(3)Section 56(1)(viib)Section 68

bogus share premium/share capital u/s 68 of the Act was made towards the following amount: Name No. of shares subscribed Amount paid @ Rs.75/- per share 4 ITA No.721/Ind/2019 & C.O.11/Ind/2020 Vijayshri Packaging Limited. Pritesh Jain HUF 93,333 69,99,975 Armaan Barter Pvt. Ltd. 76,000 57,00,000 Pushpak Fincon Pvt. Ltd. 2,93,350 2