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

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year) : ITA Nos.71/Ind/2018 Shri Sandeep Mehta vs. ITO AY :2009-10 4 Provided that where an assessment under sub-section (3) of section 143 or this section

MALWA OXYGEN AND INDUSTRIAL GASES PRIVATE LIMITED ,SECTOR C, INDUSTRIAL AREA vs. AO-RATLAM/INCOME TAX OFFICER, NFAC, RATLAM/DELHI

Appeal is partly allowed for statistical purposes

Section \"C\" of DSIR\nguidelines, for A.Y. 2018-19 (F.Y. 2017-18) by 31/10/2018 and therefore file\ncould not be processed for issuing report in Form 3CL by DSIR to the Principal\nChief Commissioner of Income tax or Chief Commissioner of Income Tax or\nPrincipal Director General of Income Tax having\njurisdiction over the company and hence we seek

SMT. SHWETA AGRAWAL,INDORE vs. THE PR. CIT-2, INDORE

In the result, appeal filed by the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year:2014-15

142(1) and 143(2) for demolishing the order under section 263. [Para 18.b] Q.Whether inadequate inquiry conducted by the Assessing Officer empowers the Commissioner to revise the assessment order? A. It is imperative for the Assessing Officer to conduct enquiry to satisfy himself about the genuineness of transactions. Scope of the term 'enquiry' can be diverse in different

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year) : Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year) : Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year) : Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall

ASSISTANT COMMISSIONER OF INCOME TAX 1 (1), INDORE vs. M/S FERRO CONCREATE CONSTRUCTION (INDIA) PVT. LTD INDORE, INDORE

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing

142 or section 148 or to disclose fully and truly all material facts necessary for his assessment for that assessment year.” 10 Ferro Concrete Construction P. Ltd. . ITA No.439/Ind/2017 & others From the above, we find that the reassessment can be done only where AO has reasons to believe that any income chargeable to tax has escaped assessment and there

M/S. FERRO CONCRETE CON. INDIA PVT. LTD.,INDORE vs. THE DCIT CIRCLE-1(1), INDORE

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing

142 or section 148 or to disclose fully and truly all material facts necessary for his assessment for that assessment year.” 10 Ferro Concrete Construction P. Ltd. . ITA No.439/Ind/2017 & others From the above, we find that the reassessment can be done only where AO has reasons to believe that any income chargeable to tax has escaped assessment and there

SARTHAK REAL BUILT PVT. LTD, ,INDORE vs. DY, CIT,CPC-TDS, GHAZIABAD

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing

142 or section 148 or to disclose fully and truly all material facts necessary for his assessment for that assessment year.” 10 Ferro Concrete Construction P. Ltd. . ITA No.439/Ind/2017 & others From the above, we find that the reassessment can be done only where AO has reasons to believe that any income chargeable to tax has escaped assessment and there

M/S. FERRO CONCRETE CON. INDIA PVT. LTD.,INDORE vs. THE PR.CIT-1, INDORE

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing

142 or section 148 or to disclose fully and truly all material facts necessary for his assessment for that assessment year.” 10 Ferro Concrete Construction P. Ltd. . ITA No.439/Ind/2017 & others From the above, we find that the reassessment can be done only where AO has reasons to believe that any income chargeable to tax has escaped assessment and there

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 5 1, BHOPAL , BHOPAL MADHYA PRADESH vs. MAPAEX REMEDIES PVT LTD, BHOPAL MADHYA PRADESH

Appeals are dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

142 or section 148 or to disclose fully and truly all material facts necessary for his assessment, for that assessment year:” 12. Ld. AR submitted that the aforesaid proviso bars the AO from taking action u/s 147 after expiry of four years from end of the assessment-year in a case where original assessment of assessee had been made

MS MAPAEX REMEDIES PVT LTD,BHOPAL vs. ACIT 2 (1) BHOPAL, BHOPAL MADHYA PRADESH

Appeals are dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

142 or section 148 or to disclose fully and truly all material facts necessary for his assessment, for that assessment year:” 12. Ld. AR submitted that the aforesaid proviso bars the AO from taking action u/s 147 after expiry of four years from end of the assessment-year in a case where original assessment of assessee had been made

MS MAPAEX REMEDIES PVT LTD,BHOPAL vs. ACIT 2 (1) BHOPAL, BHOPAL

Appeals are dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

142 or section 148 or to disclose fully and truly all material facts necessary for his assessment, for that assessment year:” 12. Ld. AR submitted that the aforesaid proviso bars the AO from taking action u/s 147 after expiry of four years from end of the assessment-year in a case where original assessment of assessee had been made

MAPAEX REMEDIES PVT LTD ,BHOPAL vs. THE DCIT -2- (1), BHOPAL , BHOPAL

Appeals are dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

142 or section 148 or to disclose fully and truly all material facts necessary for his assessment, for that assessment year:” 12. Ld. AR submitted that the aforesaid proviso bars the AO from taking action u/s 147 after expiry of four years from end of the assessment-year in a case where original assessment of assessee had been made

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE - 5(1), BHOPAL , BHOPAL MADHYA PRADESH vs. MAPAEX REMEDIES PVT LTD, BHOPAL MADHYA PRADESH

Appeals are dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

142 or section 148 or to disclose fully and truly all material facts necessary for his assessment, for that assessment year:” 12. Ld. AR submitted that the aforesaid proviso bars the AO from taking action u/s 147 after expiry of four years from end of the assessment-year in a case where original assessment of assessee had been made

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -5(1), BHOPAL , BHOPAL, MADHYA PRADESH vs. MAPAEX REMEDIES PVT. LTD., BHOPAL MADHYA PRADESH

Appeals are dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

142 or section 148 or to disclose fully and truly all material facts necessary for his assessment, for that assessment year:” 12. Ld. AR submitted that the aforesaid proviso bars the AO from taking action u/s 147 after expiry of four years from end of the assessment-year in a case where original assessment of assessee had been made

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

section 145 in so far as the computation of business income under the Income Tax Act for the purpose of determining income is concerned. In the instant case, we find that the learned Assessing Officer has brought no material on record to show that the system of accounting adopted by the assessee for the year under appeal was not consistently

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

Appeal is allowed

depreciation allowance or any other\nallowance, as the case may be, for the assessment year concerned\n(hereafter in this section and in sections 148 to 153 referred to as\nthe relevant assessment year):\nProvided that\nProvided further that........\nProvided also that .....\nExplanation (1) ......\nExplanation (2).......\nExplanation 3 : For the purpose of assessment or reassessment under\nthis section, the Assessing