NOORUL HASAN BAIG,2013-14 vs. THE ACIT 3(1), BHOPAL

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2013-14 Noorul Hasan Baig, A.C.I.T., E-78, Koh-E-Fiza, 5(1), बनाम/ Bairagarh Road, Bhopal. Vs. Bhopal. (Assessee / Appellant) (Revenue / Respondent) Pan: Afmpb1286N Assessee By Shri S.S.Deshpande, Ca Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 20.09.2023 Date Of Pronouncement 22.09.2023

cash withdrawal from bank in different dates which is as under: 29.08.2022 vide cheque no. 9048 Rs. 9,00,000/- from Axis bank a/c 91201000182771562 which deposited in HDFC bank on 05.11.2012, 29.11.2012 vide cheque no. 97138 Rs. 8,00,000/- and 12.12.2012 vide cheque no. 100306 Rs. 6,00,000/- from Axis bank a/c no. 912010001827715. (5) Depreciation

SHREEPAL HUMAD,INDORE vs. THE PR CIT-1, INDORE

In the result, appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishreepal Humad Pr. Cit-1 Near Civil Hospital, Bus Indore Vs. Stand Road, Manasa Madhya Pradesh (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaxph1346 K Assessee By Shri Ashish Goyal & N.D. Patwa, Ars Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 13.04.2023 Date Of Pronouncement 21 .06.2023

deposit of Rs.10,16,075/- as alleged by the Pr. CIT. The assessee has produced complete bank account statement before AO from the period 01.04.2015 to 31.03.2016. Therefore, there is no question of incomplete bank account statement furnished by the assessee. There may be instance of no transactions for certain months in one or two of the bank account

ASSISTANT COMMISSIONER OF INCOME TAX, RATLAM vs. SHRI SURESH CHAND JAIN, MEGHNAGAR DIST. JHABUA

In the result, the appeal filed by the revenue for A

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani & Acit 5(1) Shri Suresh Chand Jain Indore 99, Thandla Road, Vs. Meghnagar,Jhabua (Appellant / Revenue) (Respondent/ Assessee) Pan:Aezpj 2697F Revenue By Shri P.K. Mishra, Cit-Dr Respondent By None Date Of Hearing 09.08.2023 Date Of Pronouncement 12 .09.2023

depreciation. During the course of assessment proceedings the assessee was asked to produce books of account but the same were not produced. Thereafter a show cause notice was issued on 17/03/2015 fixing the case on 24/03/2015, asking the assessee that as the books of account has not been produced, why the 20% of total expenses should not be disallowed

ASSISTANT COMMISSIONER OF INCOME TAX, RATLAM, RATLAM vs. SHRI SURESH CHAND JAIN, JHABUA

In the result, the appeal filed by the revenue for A

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani & Acit 5(1) Shri Suresh Chand Jain Indore 99, Thandla Road, Vs. Meghnagar,Jhabua (Appellant / Revenue) (Respondent/ Assessee) Pan:Aezpj 2697F Revenue By Shri P.K. Mishra, Cit-Dr Respondent By None Date Of Hearing 09.08.2023 Date Of Pronouncement 12 .09.2023

depreciation. During the course of assessment proceedings the assessee was asked to produce books of account but the same were not produced. Thereafter a show cause notice was issued on 17/03/2015 fixing the case on 24/03/2015, asking the assessee that as the books of account has not been produced, why the 20% of total expenses should not be disallowed

RAINA GARG,BHOPAL vs. CIT(A), DELHI

Appeal is partly allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2015-16 Raina Garg, Ito-4(1), Prop. M/S. Garg Trading Bhopal Company, बनाम/ Purana Kabadkhana, Vs. Jumerati, Bhopal (Appellant/Assessee) (Respondent/Revenue) Pan: Aawpg4732F Assessee By None Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 06.02.2024 Date Of Pronouncement 12.02.2024

cash deposits in bank a/c on 15.12.2014 and 16.02.2015 but issued cheque to assessee much later on 16.03.2015. On a thoughtful consideration, we find that the documents filed by assessee are sufficient enough to prove all three ingredients of section 68, namely identity and creditworthiness of lender and genuine of transactions. Further, the lender is a partnership firm, engaged

SCIENCE FORUM FOR RURAL DEVELOPMENT AND RESEARCH,GRAM MINDIA, SANVER ROAD vs. CIT(A), UJJAIN

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshiassessment Year: 2017-18

cash deposits in bank accounts is form received from students only. 2.7 For the year under consideration the assessee has shown excess of Income over Expenditure of Rs. 15.797/-. Further the Page 4 of 9 Science Forum for Rural Development & Research ITA No. 340/Ind/2024 A.Y. 2017-18 excess of Income over expenditure Takshshila Junior College

SHRI HUMAD JAIN SAKH SAHAKARI SANSTHA MARYADIT,INDORE vs. ITO 2(1), INDORE

Appeal is allowed

cash deposit in bank\na/c'. Hence, in this set of facts, the controversy for our adjudication is\nwhether or not the assessment framed by AO is legal and sustainable?\n9. At first, it would be worthwhile of refer the legal provision of section\n147 and Explanation 3 to section 147 (as applicable to the relevant AY\n2012-13 involved

THE AIT,ENTRAL-1, INDORE vs. SURYA INFRAVENTURE P LTD, INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

deposited in cash in the bank account of lender immediately prior to date of loan – HELD- Assessee has established the identity- The party has confirmed the transaction-If AO doubted the transaction, AO should have called creditor u/s 131-Addition cannot be made. 40 Surya Infraventure ITA 216 of 2021 and others Thus, appellant has furnished all the required details

THE ACIT, CENTRAL-1, INDORE vs. M/S SURYA INFRA VENTURE PVT. LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

deposited in cash in the bank account of lender immediately prior to date of loan – HELD- Assessee has established the identity- The party has confirmed the transaction-If AO doubted the transaction, AO should have called creditor u/s 131-Addition cannot be made. 40 Surya Infraventure ITA 216 of 2021 and others Thus, appellant has furnished all the required details

THE ACIT, CIRCLE 2(1), INDORE vs. M/S SURYA INFRA VENTURE PVT. LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

deposited in cash in the bank account of lender immediately prior to date of loan – HELD- Assessee has established the identity- The party has confirmed the transaction-If AO doubted the transaction, AO should have called creditor u/s 131-Addition cannot be made. 40 Surya Infraventure ITA 216 of 2021 and others Thus, appellant has furnished all the required details

DR DESHMUKH MOTHER AND CHILD CARE ,UJJAIN vs. PCIT-1, INDORE

Bench: Ms. Suchitra R Kamble & Shri B.M. Biyaniassessment Year: 2017-18 Dr. Deshmukh Mother & Pr. Cit-I, Child Care, Indore बनाम/ 27, Nirman Nagar, Vs. Ujjain (Appellant / Assessee) (Respondent / Revenue) Pan: Aahfd3407H Assessee By Ms. Ruchira Negi, Ar Revenue By Shri P.K. Mishra, Cit Dr Date Of Hearing 22.03.2023 Date Of Pronouncement 15.06.2023

depreciation rates. Thus, Ld. AR submitted that on one hand the AO has enquired into the issue and on other hand, the figures tally and there is no difference. Per contra, Ld. DR submitted that the assessment-order is totally silent on this issue and does not talk of any information having been filed by assessee to AO. Page

SHRI SANDEEP MEHTA,NEEMUCH vs. INCOME TAX OFFICER, NEEMUCH

In the result, we answer the question in the affirmative i

Bench: Shri Rajpal Yadav & Shri Manish Boradिनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष"/ Assessment Year : 2009-10 वष" Shri Sandeep Mehta, The Income Tax Officer, S/O. Shri Jay Singh Mehta, Vs Neemuch Vijay Talkies Chouraha, Neemuch (Mp) Pan : Adbpm 8174 B "" यथ"/ (Respondent) अपीलाथ"/ (Appellant) Assessee By : Shri S.N. Agrawal & Shri Pankaj Mogra, Ars Revenue By : Shri Harshit Bari, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 02/08/2021 घोषणा क" तार"ख /Date Of Pronouncement: 17 /08/2021 आदेश/O R D E R Per Rajpal Yadav: The Assessee Is In Appeal Before The Tribunal Against The Order Of The Learned Commissioner Of Income-Tax (Appeals), Ujjain (Mp) Dated 28.11.2017 Passed For Assessment Year 2009-10. 2. In The First Ground Of Appeal, The Assessee Has Challenged Reopening Of Assessment By Issuance Of Notice Under Section 148 Of The Income-Tax Act, 1961. 3. The Learned Counsel For The Assessee, While Impugning The Orders Of The Revenue Authorities, Contended That The Assessment Was Reopened For The Reason That The Assessee Has Made Cash Deposits Amounting To Rs.11,00,000/-, Without Disclosing The Source Of Deposits & This

cash deposit of Rs.1100000/- is not explained. ITA Nos.71/Ind/2018 Shri Sandeep Mehta vs. ITO AY :2009-10 3 Therefore, I have reason to believe that the income chargeable to tax of Rs.1100000/- has escaped assessment within the meaning of Section 147 of the Income Tax Act 1961 hence notice u/s 148 is being issued. (K.P. Vaishya) Income Tax Officer, Neemuch

DCIT 1(1), INDORE vs. M/S MAA UMIYA AGRITECH PVT. LTD. , INDORE

In the result, appeal of Revenue is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanidcit 1(1) M/S. Maa Umiya Agritech Pvt. Ltd. Indore 119, A.B. Road, Aloo Pyaj Mandi, Vs. Indore (Appellant / (Revenue) (Assessee) Pan: Aabcn8230F Revenue By Shri P.K. Mishra, Cit-Dr Respondent By Shri S.S. Solanki, Ar Date Of Hearing 11.04.2023 Date Of Pronouncement 08.06.2023

cash deposit in the bank account is actually a transaction pertains to bank account belonging to Patidar Enterprises and not of the assessee. A certificate in this regard issued by the bank of India was filed before the AO in the remand proceedings along with bank account statement of the assessee to prove that this amount was not deposited

M/S. S.R. FERRO ALLOYS,JHABUA vs. THE PCIT, BHOPAL

In the result, the appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanis.R. Ferro Alloys Pr. Cit, Central 9, Siddheswar Colony Bhopal Vs. Jhabua (Appellant / Assessee) (Revenue) Pan: Abhfs7377Q Appellant By Shri Sumit Nema, Sr. Adv. & Gagan Tiwari, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 12.10.2023 Date Of Pronouncement 09.11.2023

deposit of any cash in the bank account of the said lender company. Therefore, there is nothing on record to doubt the genuineness of the transactions. All these records were before the Pr. CIT as it is clear from the impugned order that the Pr. CIT has referred to the trading account of the lender company wherein the said company

M/S RADHISHWARI DEVLOPERS P LTD,INDORE vs. PR CIT -2 INDORE, INDORE

In the result, Assessee’s appeal in ITANo

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing Assessment Year 2013-14 M/S. Radhishwari Developers P. Ltd. (Now Known As R.C. Warehousing Pvt. Ltd. ) Indore : Appellant Pan :Aafcr1916A V/S Pr. Cito-2 : Respondent Indore Appellant By S/Shri Sumit Nema Sr. Adv. With Gagan Tiwari & Piyush Parashar Advs. Revenue By Shri S.S. Mantri, Cit-Dr Date Of Hearing 24.05.2021 Date Of Pronouncement 20.07.2021

cash creditors/ lender companies. Ld. AO completed the assessment u/s 143(3) of the Act after making addition of Rs.10,81,220/- and assessed the business loss at Rs.39,38,283/- and unabsorbed depreciation at Rs.1,53,066/- to be carry forward for set up in subsequent years. 3. After passing of the assessment order

SAPAN SHAH,INDORE vs. ACIT-4(I), INDORE

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

depreciation increased from loss of Rs. 0.89 crores in AY 2009-10 to 4.49 crores in AY 2010-11. The appellant purchased shares of VAS Infra on the basis of quarterly results of the company showing drastic increase in sales. (Tax Effect Rs. 205916/-) 4. Addition made on the basis of suspicion without any material on record

GOVIND HARINARAYAN AGRAWAL HUF,INDORE vs. I T O 2(1), INDORE

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

depreciation increased from loss of Rs. 0.89 crores in AY 2009-10 to 4.49 crores in AY 2010-11. The appellant purchased shares of VAS Infra on the basis of quarterly results of the company showing drastic increase in sales. (Tax Effect Rs. 205916/-) 4. Addition made on the basis of suspicion without any material on record

MANISH GOVIND AGRAWAL HUF,INDORE vs. I T O 2(1), INDORE

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

depreciation increased from loss of Rs. 0.89 crores in AY 2009-10 to 4.49 crores in AY 2010-11. The appellant purchased shares of VAS Infra on the basis of quarterly results of the company showing drastic increase in sales. (Tax Effect Rs. 205916/-) 4. Addition made on the basis of suspicion without any material on record