THE DCIT-3(1), INDORE vs. M/S. M.P. ENTERTAINMENT & DEVELOPERS PVT. LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

Business” and claimed depreciation of Rs.1,55,95,905/- on its fixed asset in the return of income. The Ld. AO held that rental income from leasing out the areas in the Mall was assessable as “Income from House Property” and therefore, the depreciation in respect of those areas was disallowed

DEPUTY COMMISSIONER OF INCOME TAX -3 (1), INDORE vs. M/S M.P. ENTERTAINMENT AND DEVELOPERS PRIVATE LIMITED, INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

Business” and claimed depreciation of Rs.1,55,95,905/- on its fixed asset in the return of income. The Ld. AO held that rental income from leasing out the areas in the Mall was assessable as “Income from House Property” and therefore, the depreciation in respect of those areas was disallowed

M/S SUPREMO INDIA LTD ,INDORE vs. THE AIT CENTRAL 3, INDORE

In the result, appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S. Supremo India Pvt. Ltd. Acit Central-3 400/2, Halka Patwari No.52 Indore Vs. Badiakeema Dudhiya, B.O. Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aafcs 9822 C Assessee By Shri S.S. Solanki, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 01.05.2023 Date Of Pronouncement 07.06.2023

business income. During the course of search, valuation of stock was taken by registered valuer and net weight of gold was found at 25,857.490 gms valued at Rs. 5,67,73,734/-, however, the value of gold as per books of accounts of the assessee was at 19,423.678 gms valued at Rs. 4,25,98,165/-. Therefore

THE ACIT CENTRAL-UJJAIN, UJJAIN vs. M/S ITALIAN EDIBLES P LTD, INDORE

In the result, appeal of the revenue is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniacit (Central) M/S. Italian Edibles Pvt. Ujjain Ltd. Vs. Udhyog Nagar, Palda Indore (Appellant / Revenue) (Assessee /Respondent) Pan: Aacci 2746N Revenue By Ms. Simran Bhullar, Cit-Dr Respondent By Shri Pankaj Shah & Soumya Bumb Ars Date Of Hearing 12.10.2023 Date Of Pronouncement 19.12.2023

business income. During the course of search, valuation of stock was taken by registered valuer and net weight of gold was found at 25,857.490 gms valued at Rs. 5,67,73,734/-, however, the value of gold as per books of accounts of the assessee was at 19,423.678 gms valued at Rs. 4,25,98,165/-. Therefore

M/S NIKHIL ESTATE P LTD,INDORE vs. THE ACIT CENTRAL CIRCLE (3) INDORE, INDORE

In the result, appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S. Nikhil Estate Pvt. Ltd. Acit (Central)-3 M-102, Mezzanine, Floor, Indore Dhan Trident, P. No.B-3 Pu- Vs. 4, Sch. No.54, Vijay Nagar Square, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aabcn 8056 D Assessee By Shri S.S. Solanki, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 01.05.2023 Date Of Pronouncement 09.06.2023

business income. During the course of search, valuation of stock was taken by registered valuer and net weight of gold was found at 25,857.490 gms valued at Rs. 5,67,73,734/-, however, the value of gold as per books of accounts of the assessee was at 19,423.678 gms valued at Rs. 4,25,98,165/-. Therefore

SHRI PREMDEEP RAJPUT,INDORE vs. THE CENTRAL CIRCLE UJJAIN, UJJAIN

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2018-19 Shri Premdeep Rajput, Acit, 47-B, Sector A, Central Circle, बनाम/ Industrial Estate, Ujjain Vs. Sanwer Road, Indore (Assessee / Appellant) (Revenue / Respondent) Pan: Abvpr8534N Assessee By Shri Sushil Jethani & Shri V.K. Bhandari, Adv. Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 01.06.2023 Date Of Pronouncement 25.08.2023

business income. During the course of search, valuation of stock was taken by registered valuer and net weight of gold was found at 25,857.490 gms valued at Rs. 5,67,73,734/-, however, the value of gold as per books of accounts of the assessee was at 19,423.678 gms valued at Rs. 4,25,98,165/-. Therefore

ASHOK KUMAR MOONAT,RATLAM vs. ASSTT. COMMISSIONER OF INCOME TAX (CENTRAL-3), INDORE, INDORE

business and paid tax. The AO treated the surrendered income related to excess gold stock as unexplained investment u/s 69B and taxed it at the higher rate u/s 115BBE, also disallowing

BRIJ MOHAN DAS DEVI PRASAD,SEHORE vs. THE ACIT CENTRAL CIRCLE -2 BHOPAL, BHOPAL

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2018-19 M/S.Brij Mohandas Devi Acit/Dcit, Prasad, Central Circle 2, बनाम/ House No. 62, Ward No.18, Bhopal Station Road, Vs. Sehore (Assessee / Appellant) (Revenue / Respondent) Pan: Aadfb3526F Assessee By Shri Kunal Agrawal, Ca & Shri Mahesh Agrawal, Ca, Ld. Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 20.04.2023 Date Of Pronouncement 17.07.2023

business income. During the course of search, valuation of stock was taken by registered valuer and net weight of gold was found at 25,857.490 gms valued at Rs. 5,67,73,734/-, however, the value of gold as per books of accounts of the assessee was at 19,423.678 gms valued at Rs. 4,25,98,165/-. Therefore

RAMANLAL PIRODIA,RATLAM vs. ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL-3, AAYKAR BHAWAN

business premises and\nalso observing that provisions of section 115BBE of the Act are\napplicable from 01.04.2017 and are thus not applicable on the case of\nassessee as the search was carried out on 15.12.2016 observing as\nfollows:\nGround No 1 to 5:- Through these grounds of appeal, the appellant has\nchallenged the treating

DCIT,CENTRAL-2, INDORE vs. SHRI KRIHNA KUMAR VERMA, INDORE

In the result, appeal of the revenue is dismissed

Bench: SHRI CHANDRA MOHAN GARG (Judicial Member), SHRI BHAGIRATH MAL BIYANI (Accountant Member)

business and source thereof stated during the course of search itself and no other incriminating material was found during the search proceedings and,thus, the same cannot be treated as income from undisclosed source of income and the Ld. CIT(A) was right in holding that the provisions of section 115BBE of the Act are not applicable on the surrendered

SRK DEV BUILD PVT LTD.,INDORE vs. DCIT/ACIT 5(1), INDORE

Appeal is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2016-17 Srk Dev Build Pvt. Ltd, Dcit/Acit-5(1) 18/2, Lasudia Mori, Indore बनाम/ A.B. Road, Vs. Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Aaqcs3387P Assessee By Shri Pranay Goyal & S.N. Goyal, Cas Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 15.04.2024 Date Of Pronouncement 20.06.2024

disallowance of Interest u/s 37 of the Income Tax Act, 1961 to the tune of Rs. 90,33,182/- is being made purely on the basis of difference in opinion between assessee and revenue, whereby assessee claim Depreciation and Interest offering the income under the head Business

M/S. SURESH ALUMINIUM,BHOPAL vs. ACIT, CENTRAL CIRCLE-1, BHOPAL

In the result Ground No.1 & 2 raised by the

Bench: Shri Manish Boradm/S Suresh Aluminium, Acit Central Circle-1, 10, Jyoti Shoping Compex, Bhopal Zone-I, Vs. Mp Nagar, Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Abefs0206M Assessee By S/Shri Yash Kukreja & H. Chimnani, Ars Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 06.08.2024 Date Of Pronouncement 09.08.2024 O R D E R

income and there being no other business activity carried out by the assessee firm therefore surrendered stock should be taxed as per the normal provisions. The observation of the Ld. A.O of invoking provisions of Section 115BBE of the Act was taken up at the fag end of the conclusion of the assessment proceedings. Finally along with the minor disallowance

THE ACIT RATLAM, RATLAM vs. SHRI RAJENDRA KUMAR SURANA, RATLAM

In the result, Revenue’s appeals in ITANo

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing Assessment Year: 2015-16

business was carried out by him. Further, the AO had not brought any cogent evidence and facts to prove that the appellant had earned income from other sources. The AO had made the double addition to the appellant’s income by disallowing

THE ACIT RATLAM, RATLAM vs. SHRI VIJAY KUMAR SURANA, RATLAM

In the result, Revenue’s appeals in ITANo

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing Assessment Year: 2015-16

business was carried out by him. Further, the AO had not brought any cogent evidence and facts to prove that the appellant had earned income from other sources. The AO had made the double addition to the appellant’s income by disallowing

NHDC LIMITED,BHOPAL vs. DCIT - 3(1), BHOPAL, BHOPAL

In the result, the appeal of the revenue is dismissed, Cross appeal of the assesse is partly allowed for statistical purposes and CO is dismissed being infructuous

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaninhdc Limited Dcit, 3(1) F-01, Nhdc Parisar, Shyamla Bhopal Vs. Hills Bhopal -462013 (Appellant / Assessee) (Revenue) Pan: Aabcn 1732G Dcit, 3(1) Nhdc Limited Bhopal F-01, Nhdc Parisar, Vs. Shyamla Hills Bhopal -462013 (Appellant / Revenue) (Assessee) Pan: Aabcn 1732G

disallowed the claim of the assessee by holding that the income shown by the assessee is actually not forming part of the income from eligible business

DCIT 3 (1) , BHOPAL vs. M/S NHDC LTD, BHOPAL

In the result, the appeal of the revenue is dismissed, Cross appeal of the assesse is partly allowed for statistical purposes and CO is dismissed being infructuous

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaninhdc Limited Dcit, 3(1) F-01, Nhdc Parisar, Shyamla Bhopal Vs. Hills Bhopal -462013 (Appellant / Assessee) (Revenue) Pan: Aabcn 1732G Dcit, 3(1) Nhdc Limited Bhopal F-01, Nhdc Parisar, Vs. Shyamla Hills Bhopal -462013 (Appellant / Revenue) (Assessee) Pan: Aabcn 1732G

disallowed the claim of the assessee by holding that the income shown by the assessee is actually not forming part of the income from eligible business

AMIT ASHOK AGRAWAL,INDORE vs. ITO-2(2), INDORE

In the result, the quantum appeal of assessee is partly allowed for statistical purposes and penalty appeal of assesse is allowed

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

disallowed the entire amount as income from undisclosed sources under section 68 of the income tax act. 6.4. The appellant has now submitted that it has received business

AMIT ASHOK AGRAWAL,INDORE vs. ITO-2(2), INDORE

In the result, the quantum appeal of assessee is partly allowed for statistical purposes and penalty appeal of assesse is allowed

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

disallowed the entire amount as income from undisclosed sources under section 68 of the income tax act. 6.4. The appellant has now submitted that it has received business