JCIT(OSD),-2(1),INDORE, INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

section 145(3) of the Act. He accordingly reversed the action of the AO in rejecting the books of accounts of the assessee by holding that the AO was not correct in rejecting the books of accounts. Thereafter, the ld.CIT(A) deleted additions made on account of estimation of gross profit in the transactions of sale of gold and silver

THE DCIT, 2(1), INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

section 145(3) of the Act. He accordingly reversed the action of the AO in rejecting the books of accounts of the assessee by holding that the AO was not correct in rejecting the books of accounts. Thereafter, the ld.CIT(A) deleted additions made on account of estimation of gross profit in the transactions of sale of gold and silver

BALAJI PHOSPHATES LIMITED,INDORE vs. DCITACIT 1(1) INDORE, INDORE

In the result appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanibalaji Phosphates Limited, Dcitacit 1(1), 305, Utsav Avenue, Indore Vs. 12/5 Ushaganj, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aadcb5654R Assessee By Shri Subhash Jain, Ars Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 25.07.2024 Date Of Pronouncement 29.07.2024 O R D E R

section 154 of the Act to such apparent mistake but disposal of same was not reflected upto date of filing of first appeal due to started recovery proceeding against tax levied. Thus dismissal of appeal is illegal and bad in law. 8. On the facts and circumstances of the company the order of AddI CIT/JCIT(A) refuse to admit

SIGMA CHEMTRADE PRIVATE LIMITED,INDORE vs. ITO-5(1), INDORE, INDORE

Appeal is allowed in terms mentioned above

197 of Paper-Book. On perusal of these documents in open court, we prima facie find that the expenses are in the nature of membership fee paid to various trade associations and subscriptions. There appears no element of charity or donation. The expenses appear to have been incurred for business purposes and allowable. Therefore, as per consensus reached by learned

DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE -1, NASHIK vs. MAHAKALESHWAR TOLLWAYS PRIVATE LIMITED, UJJAIN

In the result, the appeal of the Revenue is dismissed

Bench: Shri C.M. Garg, Judicial Memebr & Shri Bhagirath Mal Biyaniआयकरअपीलसं./I.T.A. No. 123/Ind/2021 (िनधा"रणवष" / Assessment Year : 2017-18)

section 32(1)(ii) of the Act. Accordingly, he disallowed the claim of depreciation of Rs.4,05,75,163/- and allowed deduction of Rs.11,72,96,523/- by amortizing the cost incurred for developing the road over the period of 8445 days for which assessee was granted right to collect the toll. The AO has discussedthe issue in para

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

disallowance made by the AO u/s 69 r.w.s 115BBE is unlawful. Further, the amended provisions of section 115BBE are applicable from 01.04.2017 and not from the date of search. 4.1.2 I have considered the entire matrix of the case, various case law cited by the appellant and also perused assessment order. It is undisputed fact that during the course

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

disallowance made by the AO u/s 69 r.w.s 115BBE is unlawful. Further, the amended provisions of section 115BBE are applicable from 01.04.2017 and not from the date of search. 4.1.2 I have considered the entire matrix of the case, various case law cited by the appellant and also perused assessment order. It is undisputed fact that during the course

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

disallowance made by the AO u/s 69 r.w.s 115BBE is unlawful. Further, the amended provisions of section 115BBE are applicable from 01.04.2017 and not from the date of search. 4.1.2 I have considered the entire matrix of the case, various case law cited by the appellant and also perused assessment order. It is undisputed fact that during the course

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

disallowance made by the AO u/s 69 r.w.s 115BBE is unlawful. Further, the amended provisions of section 115BBE are applicable from 01.04.2017 and not from the date of search. 4.1.2 I have considered the entire matrix of the case, various case law cited by the appellant and also perused assessment order. It is undisputed fact that during the course

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

disallowance made by the AO u/s 69 r.w.s 115BBE is unlawful. Further, the amended provisions of section 115BBE are applicable from 01.04.2017 and not from the date of search. 4.1.2 I have considered the entire matrix of the case, various case law cited by the appellant and also perused assessment order. It is undisputed fact that during the course

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

disallowance made by the\nAO u/s 69 r.w.s 115BBE is unlawful. Further, the amended provisions\nof section 115BBE are applicable from 01.04.2017 and not from the\ndate of search.\n4.1.2 I have considered the entire matrix of the case, various case law\ncited by the appellant and also perused assessment order. It is\nundisputed fact that during the course

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

disallowance made by the\nAO u/s 69 r.w.s 115BBE is unlawful. Further, the amended provisions\nof section 115BBE are applicable from 01.04.2017 and not from the\ndate of search.\n4.1.2 I have considered the entire matrix of the case, various case law\ncited by the appellant and also perused assessment order. It is\nundisputed fact that during the course

SHRI ABHAY DARE,BHOPAL vs. THE ITO 1(1), BHOPAL

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Abhay Dare Ito-1(1) R-18, Gtb Complex Bhopal New Market, Vs. Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Adqpd5119C Assessee By None Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 23.07.2024 Date Of Pronouncement 31.07.2024

197 Taxmann 459 (Bombay)” ISSUE-11- ASSESSEE IS A BUILDER OR CONTRACTOR. It is also important to note that the section 801B(10) of the Income Tax act 1961, nowhere provides any condition that at what level transfer to the customer should be registered or even it should be registered at all. What is required is the development

M/S. GANPAT PANNALAL,HARDA vs. ITO-1 HARDA, HARDA

Appeal is allowed

Bench: Shri Kul Bharatassessment Year: 2007-08

197 (SC) that view expressed by internal audit party on a point of law cannot be regarded as "information" for purposes of initiating proceedings under section 147. Thus, audit objection, by itself, cannot be a reason to believe. 5. No fresh Information It was submitted that reopening of the assessment was based on reappraisal of the same facts which were

DCIT , CENTRAL -2 , INDORE vs. M/S GREAT GALLEON VENTURES LTD , INDORE

In the result, the appeals of the Revenue bearing ITANo

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad

197 (SC) made. 24 Digital datas When the entire - M/s. Vetrivel Minerals are not assessment has and others Vs. ACIT, admissible as been framed only Madurai (2021) 42 ITJ 55 evidence on the basis of the (MadHC) so-called electronic record which are said to be copies of Excel Sheet, Excel work note book etc., non- compliance of Section

DCIT , CENTRAL -2 , INDORE vs. M/S GREAT GALLEON VENTURES LTD , INDORE

In the result, the appeals of the Revenue bearing ITANo

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad

197 (SC) made. 24 Digital datas When the entire - M/s. Vetrivel Minerals are not assessment has and others Vs. ACIT, admissible as been framed only Madurai (2021) 42 ITJ 55 evidence on the basis of the (MadHC) so-called electronic record which are said to be copies of Excel Sheet, Excel work note book etc., non- compliance of Section

INDIYAA DISTRIBUTION NETWORK LLP,INDORE vs. DEPUTY COMMISSIONER OF INCOME TAX-1(1), INDORE, INDORE

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

Bench: Shri Vijay Pal Rao & Shrib.M. Biyaniassessment Year : 2018-19 Indiyaa Distribution Dy. Cit, Network Llp, 1(1), 11D, Sampat Farm, Indore. Opp.Agrawal Public बनाम/ School, Vs. Bicholi Mardana Road, Indore. (Assessee / Appellant) (Revenue / Respondent) Pan: Aarfg1302N Assessee By Ms.Ruchira Singhal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 21.05.2024 Date Of Pronouncement 21.06.2024

sections 143(3A) and 143(3B) of the Income-tax Act, 1961. Even otherwise once scrutiny assessment was completed subsequent to processing of return u/s 143(1), the order of CPC merges with the assessment order passed u/s 143(3) and only in case when the assessment order is quashed being invalid or void ab initio, the order

WE WIN LTD,BHOPAL vs. THE DCIT CIRCLE 5 (1) , BHOPAL

Bench: Shri Chandra Mohan Garg & Shri B.M. Biyaniassessment Year: 2013-14 We Win Limited, Dcit-Central 5(1) (Formerly: Survevin Bpo Bhopal बनाम/ Services Pvt. Ltd.) Vs. Bhopal (Appellant / Assessee) (Respondent / Revenue) Pan: Aakcs 9368 J Assesseeby Shri Manoj Fadnis, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 16.11.2022 Date Of Pronouncement 03.02.2023

197/-, whereas in the P&L A/c sale has been disclosed at Rs. 5,41,10,059/-, therefore still there is difference of Rs. 18,43,138/- which remains unexplained. Therefore, out of addition of Rs. 86,43,938/- an addition of Rs. 18,43,138/- is hereby confirmed and remaining amount of Rs. 68,00,300/- is hereby deleted