SHRI RAJEEV SHARMA,BHOPAL vs. THE DCIT CENTRAL-II, BHOPAL

In the result the appeals of the assessee are disposed off as

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

deemed dividend but it is a part of amount received against the advance salary and share of joint venture project. Thus Ground No.4 for Assessment Year 2012-13 is allowed for statistical purposes. 20. Now we take up Ground No.5 relating to addition of Rs.63,50,000/- on account of unaccounted investment u/s 69 of the Act. Brief facts

SMT. MANJU SHARMA,BHOPAL vs. THE DCIT CENTRAL-II, BHOPAL

In the result the appeals of the assessee are disposed off as

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

deemed dividend but it is a part of amount received against the advance salary and share of joint venture project. Thus Ground No.4 for Assessment Year 2012-13 is allowed for statistical purposes. 20. Now we take up Ground No.5 relating to addition of Rs.63,50,000/- on account of unaccounted investment u/s 69 of the Act. Brief facts

ACIT , RATLAM vs. M/S SHIRANI AUTOMOTIVES PVT. LTD, RATLAM MP

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2014-15 Acit, M/S. Shirani Automotive Ratlam P. Ltd. बनाम/ 29, Shirani Pura, Vs. Ratlam (Appellant / Revenue) (Respondent / Assessee) Pan: Aancs 1007 M Revenue By Shri P.K. Mishra, Cit-Dr Assessee By None Date Of Hearing 02.03.2023 Date Of Pronouncement 31.03.2023

Housing & Development Co. [2018] 93 taxmann.com 502 held as follows: “Section 2(22) of the Income-tax Act, 1961 - Deemed dividend - (Applicability of) - High Court relied upon judgment passed by Judgment of Delhi High Court in Commissioner of Income-tax v. Ankitech (P.) Ltd. [2011] 11 taxmann.com 100 (Delhi) in which it was held that: (i) legal fiction created under

DCIT , CENTRAL-2, INDORE vs. M/S VENUS ENTERPRISES , INDORE

Bench: Shri Mahavir Prasad & Shri Manish Borad(Virtual Hearing)

property than shown in sale deed in their individual Income Tax returns. In the absence of any evidence linking the payments stated to have been paid by 4 purchasers of the plots, merely based on their statements it could not be stated that the appellant has received additional consideration. The assessing officer cannot base a decision on assumption of probabilities

THE ACIT, CENTRAL-2, INDORE vs. M/S. VENUS ENTERPRISES, INDORE

Bench: Shri Mahavir Prasad & Shri Manish Borad(Virtual Hearing)

property than shown in sale deed in their individual Income Tax returns. In the absence of any evidence linking the payments stated to have been paid by 4 purchasers of the plots, merely based on their statements it could not be stated that the appellant has received additional consideration. The assessing officer cannot base a decision on assumption of probabilities

DR. VINOD BHANDARI,INDORE vs. THE DCIT CIR. 2(1), INDORE

In the result appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Shri Vinod Bhandari, Pr. Cit(1), Indore 21- Gf, Bhandari House, Talkies, Scheme No.54, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) Pan No.Abnpb6240M Assessment Year: 2012-13

deemed to be the income of the assessee shall not be allowed as a deduction under any head of income. It is clear from the above referred provisions that if any income for which the assessee is unable to provide any explanation about the nature and its source then the same could be offered to tax as unexplained income which

DR. VINOD BHANDARI,INDORE vs. THE ACIT CIR. 2(1), INDORE

In the result appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Shri Vinod Bhandari, Pr. Cit(1), Indore 21- Gf, Bhandari House, Talkies, Scheme No.54, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) Pan No.Abnpb6240M Assessment Year: 2012-13

deemed to be the income of the assessee shall not be allowed as a deduction under any head of income. It is clear from the above referred provisions that if any income for which the assessee is unable to provide any explanation about the nature and its source then the same could be offered to tax as unexplained income which

SHRI VINOD BHANDARI,INDORE vs. THE PR.CIT-1, INDORE

In the result appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Shri Vinod Bhandari, Pr. Cit(1), Indore 21- Gf, Bhandari House, Talkies, Scheme No.54, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) Pan No.Abnpb6240M Assessment Year: 2012-13

deemed to be the income of the assessee shall not be allowed as a deduction under any head of income. It is clear from the above referred provisions that if any income for which the assessee is unable to provide any explanation about the nature and its source then the same could be offered to tax as unexplained income which

SHRI SURENDRA SINGH BHATIA,INDORE vs. THE JCIT-3, INDORE

In the result, assessee’s appeal is allowed

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

dividend income under Rule 8D r.w.s. 14A to the tune of Rs.8,83,383/- and personal expenses of Rs.6,18,746/-. Thus, the total income was assessed at Rs 40,15,16,900/-, upon making addition of Rs.15,02,129/- and penalty proceedings u/s 271AAA of the Act was initiated by issuing notice under Section 274 r.w.s. 271D

THE ACIT (CENTRAL)-I, BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

deemed to have been approved on the date on which the building plan of such housing project is first approved by the local authority; (ii) the date of completion of construction of the housing project shall be taken to be the date on which the completion certificate in respect of such housing project is issued by the local authority

THE ACIT (CENTRAL)-I, BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

deemed to have been approved on the date on which the building plan of such housing project is first approved by the local authority; (ii) the date of completion of construction of the housing project shall be taken to be the date on which the completion certificate in respect of such housing project is issued by the local authority

THE ACIT (CENTRAL)-I, BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

deemed to have been approved on the date on which the building plan of such housing project is first approved by the local authority; (ii) the date of completion of construction of the housing project shall be taken to be the date on which the completion certificate in respect of such housing project is issued by the local authority

THE ACIT (CENTRAL)-I, BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

deemed to have been approved on the date on which the building plan of such housing project is first approved by the local authority; (ii) the date of completion of construction of the housing project shall be taken to be the date on which the completion certificate in respect of such housing project is issued by the local authority

M/S. D.K. CONSTRUCTION,BHOPAL vs. THE ACIT, 2(1), BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

deemed to have been approved on the date on which the building plan of such housing project is first approved by the local authority; (ii) the date of completion of construction of the housing project shall be taken to be the date on which the completion certificate in respect of such housing project is issued by the local authority

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

deemed to be erroneous in so far as it is prejudicial to the interests of the revenue, if, in the opinion of the Principal Commissioner or Commissioner,- Smt. Shweta Agrawal /ITANo.280/Ind/2019 (a) the order is passed without making inquiries or verification which should have been made; (b) the order is passed allowing any relief without inquiring into the claim

M/S SANGHVI FOODS P LTD, ,INDORE vs. ITO (IT & TP) , BHOPAL

In the result common issue raised in

Bench: Shri Kul Bharat & Shri Manish Borad

House, A.B. Road, Indore (Appellant) (Revenue ) PAN AACCS4128C Appellant by S/Shri S.N. Agrawal & Pankaj Mogra, CAs Revenue by Shri K.G. Goyal, Sr. DR Date of Hearing 12.03.2020 Date of Pronouncement 03.06.2020 O R D E R PER MANISH BORAD, AM. The above captioned appeals filed at the instance of assessee pertaining to Assessment Year

M/S SANGHVI FOODS P LTD, ,INDORE vs. ITO (IT & TP) , BHOPAL

In the result common issue raised in

Bench: Shri Kul Bharat & Shri Manish Borad

House, A.B. Road, Indore (Appellant) (Revenue ) PAN AACCS4128C Appellant by S/Shri S.N. Agrawal & Pankaj Mogra, CAs Revenue by Shri K.G. Goyal, Sr. DR Date of Hearing 12.03.2020 Date of Pronouncement 03.06.2020 O R D E R PER MANISH BORAD, AM. The above captioned appeals filed at the instance of assessee pertaining to Assessment Year

M/S ASHOKA HI-TECH BUILDERS P. LTD.,INDORE vs. THE DCIT (CENTRAL)-1, INDORE

In the result Ground No.1 and 2 of the assessee’s appeal for A

Bench: Shri Kul Bharat & Shri Manish Borad

deemed to accrue or arise, is included in the scope of total income. Under the mercantile system of accounting, which the extant appellant is following, an income becomes taxable When right to receive an income is finally acquired. Ordinarily, when some goods! products are sold by a businessman, income does not arise before the transfer of title in such goods