JARNALBEER SINGH BHATIA,KHANDWA vs. THE ACIT CENTRAL-3, INDORE

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniit(Ss)A Nos.19 To 23/Ind/2023 & Ita No.226/Ind/2023 Ays : 2013-14 To 2018-19 Jarnalbeer Singh Bhatia, Dcit/Acit, बनाम/ Bhatia Transport (Central)-3, Vs. Services, Indore. Old Indore Lines, Pandhana Road, Khandwa (Pan: Aixpb4565C) (Assessee/Appellant) (Revenue/Respondent)

section 194C disallowance u/s 40(a)(ia) is attracted ? 5. The issues involved in various grounds raised by parties are identified and tabulated thus: No. Issue A.Y. Assessee’s Revenue’s Ground No. Ground No. 1 Unexplained investment in the form of cash loans 2013-14 1,2,3 and notional interest thereon

DEPUTY COMMISSIONER OF INCOME TAX - 3(1), INDORE vs. SHRI RAJEEV AJMERA, INDORE

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

Bench: Ms.Suchitra Kamble & Shrib.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2010-11 Dcit-3(1) Shri Rajeev Ajmera, Indore बनाम/ Indore Vs. (Appellant / Assessee) (Respondent / Revenue) Pan: Abgpa4930L Co No.23/Ind/2018 (Arising Out Of Ita No.51/Ind/2018) Assessment Year: 2010-11 Shri Rajeev Ajmera, Dcit-3(1) Indore Indore बनाम/ Vs. (Appellant / Assessee) (Respondent / Revenue) Pan: Abgpa4930L Assessee By Shri Mahendra Mittal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 23.08.2022 Date Of Pronouncement 31.08.2022 आदेश/ O R D E R

801, disallowed the deduction. 8. During first-appellate proceeding, the assessee made a detailed submission to Ld. CIT(A). The assessee also invoked Rule 46A and submitted several additional-evidences, the details of which are mentioned by Ld. CIT(A) in the form of a long-list on Page No. 32 to 34 of his order. Although

THE ACIT, CENTRAL-1, INDORE vs. M/S. MANISH AGRO TECH PVT. LTD., INDORE

In the result grounds of revenue for A

Bench: Shri Chandra Mohan Garg & Shri Bhagirath Mal Biyani

disallowed an amount of Rs. 14,89,59,801/- . 4.2.1 The appellant through its written submissions has contended that all tho allegations made in the reassessment order are baseless and the addition has been made purely on surmises and conjectures. The brokers through whom the appellant has transacted were registered broker at the NMCE exchange and the trades are duly

THE ACIT, CENTRAL-1, INDORE vs. M/S. MANISH AGRO TECH PVT. LTD., INDORE

In the result grounds of revenue for A

Bench: Shri Chandra Mohan Garg & Shri Bhagirath Mal Biyani

disallowed an amount of Rs. 14,89,59,801/- . 4.2.1 The appellant through its written submissions has contended that all tho allegations made in the reassessment order are baseless and the addition has been made purely on surmises and conjectures. The brokers through whom the appellant has transacted were registered broker at the NMCE exchange and the trades are duly

SANJEEV JHA,SARWA SAMPAN NAGAR vs. INCOME TAX OFFICER NFAC, INDORE

Appeal is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2019-20 Sanjeev Jha, Income-Tax Officer, 195, Sarwa Sampan Nfac, Nagar, Delhi बनाम/ Kanadia Road, Vs. Near Columbia Convent, Indore. (Assessee/Appellant) (Revenue/Respondent) Pan: Aeypj7626M Assessee By Shri H.N.Joshi, Ar Revenue By Shri K. Bala Murali Krishna, Sr. Dr Date Of Hearing 21.08.2024 Date Of Pronouncement 30.08.2024

801/- in cash. Accordingly, when the AO show-caused assessee to explain the disallowance attracted by section 40A(3) for cash

DECENT INDUSTRIES P. LTD.,BHOPAL vs. ITO-1(2), BHOPAL

Appeal is partly allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani(Virtual Hearing) Assessment Year: 2012-13 M/S Decent Industries Ito-1(2), Private Ltd, Bhopal 5Th Floor, Corporate Park, बनाम/ Db City Area Hills, Vs. Opp. M.P. Nagar Zone I, Bhopal (Assessee/Appellant) (Revenue/Respondent) Pan: Aaeca6271G Assessee By Ms. Shilpa Gupta & Shri N.K. Gupta Revenue By Shri V.K. Singh, Cit-Dr Date Of Hearing 04.06.2024 Date Of Pronouncement 20.08.2024

disallowance of expenses u/s 14A. Aggrieved, the assessee carried matter in first-appeal and made detailed Page 3 of 44 M/s Decent Industries Pvt. Ltd ITA No. 356/Ind/2023 – AY 2012-13 submissions but did not get any success. Still aggrieved, the assessee has come in next appeal before us. 3. The grounds raised by assessee are as under

THE ACIT, CIRCLE 2(1), INDORE vs. DR. SHRI RAJEEV CHAUDHARY, INDORE

In the result, the appeal of the revenue is allowed and cross objection of the assessee is partly allowed

Bench: Hon'Ble I Kul Bharat & Hon'Ble Manish Boradassessment Year 2008-09 Pan : Abkpc5729K Assistant Commissioner Of V/S Dr.Rajeev Choudhary Income Tax, 1, Shiv Vilas Palace Circle-2(1), Indore Indore

section 143(3) of IT, Act, 1961 at Rs.3,17,71,700/- 5. Aggrieved assessee preferred an appeal before the ld. CIT(A) and partly succeeded as Ld. CIT(A) confirmed the disallowance u/s 14A of the Act at Rs.2,15,542/- and allowed the assessee’s claim of profit from purchase and sale of equity shares held for less

M/S. AVOCADO TRADING COMPANY PRIVATE LIMITED,INDORE vs. THE ITO 3(3), INDORE

In the result, these three appeals of by different assessees in ITANo

Bench: Hon'Ble I Kul Bharat & Hon'Ble Manish Boradassessment Year: 2010-11 Avocado Trading Company Private Ito 3(3) Limited Indore बनाम/ G.J. Shah & Company, Chartered Vs. Accountants 404, Manas Bhawan, 11 Rnt Marg, Indore-452001 (Appellant) (Revenue) Pan: Aagca4206K Assessment Year: 2010-11 Aspirant Mercantile Company Private Ito 3(3) Limited Indore बनाम/ G.J. Shah & Company,Chartered Vs. Accountants 404, Manas Bhawan, 11 Rnt Marg, Indore-452001 (Appellant) (Revenue) Pan: Aagca4207J

801/- towards depreciation on vehicle. 2.The Appellant prays that the said disallowances be deleted. 2. From perusal of above grounds, we observe that most of the issues are common, therefore, these appeals were heard together and are being disposed of by this common order for the sake of convenience and brevity: 3. First common issue raised in ground No.1

M/S. ASPIRANT MERCANTILE COMPANY PRIVATE LIMITED,INDORE vs. THE ITO 3(3), INDORE

In the result, these three appeals of by different assessees in ITANo

Bench: Hon'Ble I Kul Bharat & Hon'Ble Manish Boradassessment Year: 2010-11 Avocado Trading Company Private Ito 3(3) Limited Indore बनाम/ G.J. Shah & Company, Chartered Vs. Accountants 404, Manas Bhawan, 11 Rnt Marg, Indore-452001 (Appellant) (Revenue) Pan: Aagca4206K Assessment Year: 2010-11 Aspirant Mercantile Company Private Ito 3(3) Limited Indore बनाम/ G.J. Shah & Company,Chartered Vs. Accountants 404, Manas Bhawan, 11 Rnt Marg, Indore-452001 (Appellant) (Revenue) Pan: Aagca4207J

801/- towards depreciation on vehicle. 2.The Appellant prays that the said disallowances be deleted. 2. From perusal of above grounds, we observe that most of the issues are common, therefore, these appeals were heard together and are being disposed of by this common order for the sake of convenience and brevity: 3. First common issue raised in ground No.1

M/S. FROLIC REALTY PRIVATE LIMITED,INDORE vs. THE ITO 3(3), INDORE

In the result, these three appeals of by different assessees in ITANo

Bench: Hon'Ble I Kul Bharat & Hon'Ble Manish Boradassessment Year: 2010-11 Avocado Trading Company Private Ito 3(3) Limited Indore बनाम/ G.J. Shah & Company, Chartered Vs. Accountants 404, Manas Bhawan, 11 Rnt Marg, Indore-452001 (Appellant) (Revenue) Pan: Aagca4206K Assessment Year: 2010-11 Aspirant Mercantile Company Private Ito 3(3) Limited Indore बनाम/ G.J. Shah & Company,Chartered Vs. Accountants 404, Manas Bhawan, 11 Rnt Marg, Indore-452001 (Appellant) (Revenue) Pan: Aagca4207J

801/- towards depreciation on vehicle. 2.The Appellant prays that the said disallowances be deleted. 2. From perusal of above grounds, we observe that most of the issues are common, therefore, these appeals were heard together and are being disposed of by this common order for the sake of convenience and brevity: 3. First common issue raised in ground No.1

DEPUTY COMMISSIONER OF INCOME TAX 1 (1), INDORE vs. M/S AGRAWAL COAL CORP. PVT. LTD., INDORE

In the result all the three appeals of the revenue are

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

801 to 803/Ind/2018 Assessment Years 2012-13 to 2014-15 DCIT 1(1) M/s. Agrawal Coal Corporation Indore Vs. Pvt.Ltd, 5, Yashwant Niwas Road, Indore (Revenue) (Respondent ) PAN No. AACCA8468K ITA Nos. 778/Ind/2018 & C.O.No.23 & 24/Ind/2019 Assessment Years 2013-14 & 2014-15 M/s. Agrawal Coal Corporation DCIT 1(1) Pvt.Ltd, Vs. Indore 5, Yashwant Niwas Road, Indore (Appellant) (Respondent

M/S AGRAWAL COAL CORP. PVT. LTD.,INDORE vs. DEPUTY COMMISSIONER OF INCOME TAX 1, INDORE

In the result all the three appeals of the revenue are

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

801 to 803/Ind/2018 Assessment Years 2012-13 to 2014-15 DCIT 1(1) M/s. Agrawal Coal Corporation Indore Vs. Pvt.Ltd, 5, Yashwant Niwas Road, Indore (Revenue) (Respondent ) PAN No. AACCA8468K ITA Nos. 778/Ind/2018 & C.O.No.23 & 24/Ind/2019 Assessment Years 2013-14 & 2014-15 M/s. Agrawal Coal Corporation DCIT 1(1) Pvt.Ltd, Vs. Indore 5, Yashwant Niwas Road, Indore (Appellant) (Respondent

DEPUTY COMMISSIONER OF INCOME TAX 1, INDORE vs. M/S AGRAWAL COAL CORP. PVT. LTD., INDORE

In the result all the three appeals of the revenue are

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

801 to 803/Ind/2018 Assessment Years 2012-13 to 2014-15 DCIT 1(1) M/s. Agrawal Coal Corporation Indore Vs. Pvt.Ltd, 5, Yashwant Niwas Road, Indore (Revenue) (Respondent ) PAN No. AACCA8468K ITA Nos. 778/Ind/2018 & C.O.No.23 & 24/Ind/2019 Assessment Years 2013-14 & 2014-15 M/s. Agrawal Coal Corporation DCIT 1(1) Pvt.Ltd, Vs. Indore 5, Yashwant Niwas Road, Indore (Appellant) (Respondent

DCIT !(1) INDORE, INDORE vs. AGRAWAL COAL CORPORATION (P) LTD., INDORE, INDORE

In the result all the three appeals of the revenue are

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

801 to 803/Ind/2018 Assessment Years 2012-13 to 2014-15 DCIT 1(1) M/s. Agrawal Coal Corporation Indore Vs. Pvt.Ltd, 5, Yashwant Niwas Road, Indore (Revenue) (Respondent ) PAN No. AACCA8468K ITA Nos. 778/Ind/2018 & C.O.No.23 & 24/Ind/2019 Assessment Years 2013-14 & 2014-15 M/s. Agrawal Coal Corporation DCIT 1(1) Pvt.Ltd, Vs. Indore 5, Yashwant Niwas Road, Indore (Appellant) (Respondent

ACIT(CENTRAL)-1, BHOPAL vs. M/S. BANSAL CONSTRUCTION WORK (P) LTD., BHOPAL

In the result, the appeal of the Department is dismissed

Bench: SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEBER, SHRI B.M. BIYANI, ACCOUNTNT MEMBER The ACIT, Central-I, Bhopal

disallowed the claim of deduction u/s. 80IA(4) of the Act of Rs. 15,39,20,130/-. 4. Before CIT(A), the assessee submitted that CPC has erred in not granting deduction u/s. 80IA(4) of the Act since the assessee company entered into “specified domestic transaction” as defined u/s. 92BA of the I.T.A No. 822/Ind/2018 A.Y. 2015-16 Page

M/S. AGRAWAL COAL CORP. (P) LTD.,INDORE vs. ACIT-1(1), INDORE

In the result the appeal of the assesse is allowed

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Boradassessment Year 2016-17

disallowance contemplated u/s 40(1)(ii) of the Act. (v) Hon'ble Rajasthan High Court in the case of Chambal Fertilizers and Chemicals Limited D.B.I.T.A No.52/2018 dated 31.7.2018. (vi) Copy of decision of Honourable I.T.A.T. Indore Bench, Indore in the appellant’s own case for A.Y 2012-2013 to A.Y. 2014-15 in ITA No. 801 to 803/Ind/2018 filed

JASTEJ GOROWARA,BHOPAL vs. COMMISSIONER OF INCOME-TAX (APPEALS), DELHI

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

Bench: Shri Siddhartha Nautiyal & Shri Bhagirath Mal Biyani

disallowance made by the learned A.O. and confirmed by Learned CIT(A) be held to be high and unreasonable and be suitably reduced. 3. The appellant craves leave to add, mend or alter any Ground of Appeal before or during the course of appellate proceedings.” First we shall deal with ITA No. 276/Ind/2025 (A.Y. 2011-12) 3. The brief facts

JASTEJ GOROWARA,BHOPAL vs. CIT(A), DELHI

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

Bench: Shri Siddhartha Nautiyal & Shri Bhagirath Mal Biyani

disallowance made by the learned A.O. and confirmed by Learned CIT(A) be held to be high and unreasonable and be suitably reduced. 3. The appellant craves leave to add, mend or alter any Ground of Appeal before or during the course of appellate proceedings.” First we shall deal with ITA No. 276/Ind/2025 (A.Y. 2011-12) 3. The brief facts