SHRI VIKRAM SINGH PUAR SON & LR OF LATE TUKOJI ROA PUAR,DEWAS vs. THE PR. CIT-1, BHOPAL

The appeal of the assessee is hereby allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2011-12 Vikram Singh Paur, Pr. Cit Son & Legal Heir Of Late Shri Bhopal बनाम/ Tukoji Rao Puar Vs. Dewas (Appellant) (Revenue ) P.A. No.Agdpp8186B Appellant By Shri Girish Agrawal, Ca Revenue By Shri S.B. Prasad, Cit-Dr Date Of Hearing: 27.01.2020 Date Of Pronouncement: 20 .05.2020 आदेश / O R D E R Per Kul Bharat, J.M: This Appeal By The Assessee Is Directed Against Order Of Pr. Cit, Bhopal Dated 18.03.2016 For The Assessment Year

113 Taxman 470/245 ITR 360 (SC) : [CLPB 16 back side] "40…Where the order rejecting an SLP is a speaking order, that is, where reasons have been assigned by this Court for rejecting the petition for special leave and are stated in the order still the order remains the one rejecting prayer for the grant of leave to appeal

ACIT(CENTRAL)-1, INDORE, INDORE vs. SHRI RAUNAK MARU, INDORE

The appeals of the Revenue are dismissed

Bench: Shri Mahavir Prasad & Shri Manish Borad

reassessment proceedings is bad in law and is liable to be set aside.” b) Similarly the Apex Court in the case of CIT vs Tarajan Tea Co. (P) Ltd. reported in 236 ITR 447 (SC) held that information which was with the A.O. at the time of original assessment cannot be used for reopening the assessment u/s 147 and observed

ACIT(CENTRAL)-1,, INDORE vs. SHRI RAJUL BHARGAVA, INDORE

The appeals of the Revenue are dismissed

Bench: Shri Mahavir Prasad & Shri Manish Borad

reassessment proceedings is bad in law and is liable to be set aside.” b) Similarly the Apex Court in the case of CIT vs Tarajan Tea Co. (P) Ltd. reported in 236 ITR 447 (SC) held that information which was with the A.O. at the time of original assessment cannot be used for reopening the assessment u/s 147 and observed

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

113 days. Therefore, we condone delay in filing the instant cross objection. Likewise, there is delay of few days in filing departmental appeal. We find that due to Covid-19, the same happened. Therefore, the same is also condoned. 5 Surya Infraventure ITA 216 of 2021 and others 5. Brief facts as culled out from the records are that

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

113 days. Therefore, we condone delay in filing the instant cross objection. Likewise, there is delay of few days in filing departmental appeal. We find that due to Covid-19, the same happened. Therefore, the same is also condoned. 5 Surya Infraventure ITA 216 of 2021 and others 5. Brief facts as culled out from the records are that

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

113 days. Therefore, we condone delay in filing the instant cross objection. Likewise, there is delay of few days in filing departmental appeal. We find that due to Covid-19, the same happened. Therefore, the same is also condoned. 5 Surya Infraventure ITA 216 of 2021 and others 5. Brief facts as culled out from the records are that

PARAMETRIC TRADING PRIVATE LIMITED,MUMBAI vs. ACIT, CIRCLE-4(1), INDORE, INDORE

In the result, the appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S.Parametric Trading A.C.I.T., Pvt.Ltd., Circle 4(1), 205, Sujata Chambers, 2Nd Indore. Floor, Abhichand Gandhi Vs. Marg,Off Katha Bazar Masjid (W), Mumbai (Appellant / Assessee) (Respondent/ Revenue) Pan: Aagca4207J Assessee By Shri Vijay Mehta & Shri Shailesh Parmar, Ca Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 12.05.2023 Date Of Pronouncement 12.06.2023

reassessment is non-supply of the reasons recorded by the Assessing Officer for reopening of assessment. There is no doubt that the Assessing Officer recorded the reasons on 31/01/2007 for reopening of the assessment and Page 19 of 25 Prametric Trading Co.P.Ltd.,Indore 20 A.Y.2011-12 accordingly issued a notice under section 148. The regions as recorded by the Assessing Officer

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

reassessment of the firm under section 143(3) read with section 148 wherein the impugned share of profit was offered to tax was completed and accepted by the Revenue. There is no material with the AO to demonstrate that firm was not genuine, and its activities were doubtful nature, and that the impugned amount of Rs.25,76,208/- represented unexplained

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

reassessment of the firm under section 143(3) read with section 148 wherein the impugned share of profit was offered to tax was completed and accepted by the Revenue. There is no material with the AO to demonstrate that firm was not genuine, and its activities were doubtful nature, and that the impugned amount of Rs.25,76,208/- represented unexplained

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

reassessment of the firm under section 143(3) read with section 148 wherein the impugned share of profit was offered to tax was completed and accepted by the Revenue. There is no material with the AO to demonstrate that firm was not genuine, and its activities were doubtful nature, and that the impugned amount of Rs.25,76,208/- represented unexplained

M/S. SHEETU EDUCATIONAL SERVICES P. LTD.,INDORE vs. THE DCIT 5(1), INDORE

In the result, all the appeals of the assessee for assessment year 2005-06 to 2010-11 are partly allowed as per our

Bench: Shri D.T. Garasia & Shri O.P. Meena

113 ITR 99 (I.T.A.T. Agra Bench) (iv) CIT vs. Orient Craft Limited, I.T.A.No. 555/2012 dated 12.12.2012 (Del) (v) A.N.Lakshman Shenoy v. ITO,(1958) 34 ITR 275 (S.C.) (vi) Sheo Nath Singh vs. AAC, (1971) 82 ITR 147 ( S. C.). (vii) CIT vs. Sheri Atul Kumar Swami, 362 ITR 693 (Del) (viii) Tara Chand Jain, I.T.A.No. 2282/Kol/2014 ( I.T.A.T

M/S SHEETU EDUCATIONAL SERVICE PVT LTD.,INDORE vs. THE DCIT 5(1), INDORE

In the result, all the appeals of the assessee for assessment year 2005-06 to 2010-11 are partly allowed as per our

Bench: Shri D.T. Garasia & Shri O.P. Meena

113 ITR 99 (I.T.A.T. Agra Bench) (iv) CIT vs. Orient Craft Limited, I.T.A.No. 555/2012 dated 12.12.2012 (Del) (v) A.N.Lakshman Shenoy v. ITO,(1958) 34 ITR 275 (S.C.) (vi) Sheo Nath Singh vs. AAC, (1971) 82 ITR 147 ( S. C.). (vii) CIT vs. Sheri Atul Kumar Swami, 362 ITR 693 (Del) (viii) Tara Chand Jain, I.T.A.No. 2282/Kol/2014 ( I.T.A.T

M/S SHEETU EDUCATIONAL SERVICE PVT LTD.,INDORE vs. THE DCIT 5(1), INDORE

In the result, all the appeals of the assessee for assessment year 2005-06 to 2010-11 are partly allowed as per our

Bench: Shri D.T. Garasia & Shri O.P. Meena

113 ITR 99 (I.T.A.T. Agra Bench) (iv) CIT vs. Orient Craft Limited, I.T.A.No. 555/2012 dated 12.12.2012 (Del) (v) A.N.Lakshman Shenoy v. ITO,(1958) 34 ITR 275 (S.C.) (vi) Sheo Nath Singh vs. AAC, (1971) 82 ITR 147 ( S. C.). (vii) CIT vs. Sheri Atul Kumar Swami, 362 ITR 693 (Del) (viii) Tara Chand Jain, I.T.A.No. 2282/Kol/2014 ( I.T.A.T

M/S. SHEETU EDUCATIONAL SERVICES P. LTD.,INDORE vs. THE DCIT 5(1), INDORE

In the result, all the appeals of the assessee for assessment year 2005-06 to 2010-11 are partly allowed as per our

Bench: Shri D.T. Garasia & Shri O.P. Meena

113 ITR 99 (I.T.A.T. Agra Bench) (iv) CIT vs. Orient Craft Limited, I.T.A.No. 555/2012 dated 12.12.2012 (Del) (v) A.N.Lakshman Shenoy v. ITO,(1958) 34 ITR 275 (S.C.) (vi) Sheo Nath Singh vs. AAC, (1971) 82 ITR 147 ( S. C.). (vii) CIT vs. Sheri Atul Kumar Swami, 362 ITR 693 (Del) (viii) Tara Chand Jain, I.T.A.No. 2282/Kol/2014 ( I.T.A.T

M/S. SHEETU EDUCATIONAL SERVICES P LTD.,INDORE vs. THE DCIT 5(1) RANGE-5, INDORE

In the result, all the appeals of the assessee for assessment year 2005-06 to 2010-11 are partly allowed as per our

Bench: Shri D.T. Garasia & Shri O.P. Meena

113 ITR 99 (I.T.A.T. Agra Bench) (iv) CIT vs. Orient Craft Limited, I.T.A.No. 555/2012 dated 12.12.2012 (Del) (v) A.N.Lakshman Shenoy v. ITO,(1958) 34 ITR 275 (S.C.) (vi) Sheo Nath Singh vs. AAC, (1971) 82 ITR 147 ( S. C.). (vii) CIT vs. Sheri Atul Kumar Swami, 362 ITR 693 (Del) (viii) Tara Chand Jain, I.T.A.No. 2282/Kol/2014 ( I.T.A.T

ASHISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

reassessment if any relating to any relevant assessment year or years referred to in this subsection pending on the date of initiation of search under section 132 or making of requisition under section 132A as the case may be shall abate.” This makes it further abundantly clear that only those assessments which are pending abate. Hence sanguine provisions

PAWAN KUMAR CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

reassessment if any relating to any relevant assessment year or years referred to in this subsection pending on the date of initiation of search under section 132 or making of requisition under section 132A as the case may be shall abate.” This makes it further abundantly clear that only those assessments which are pending abate. Hence sanguine provisions

MANISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

reassessment if any relating to any relevant assessment year or years referred to in this subsection pending on the date of initiation of search under section 132 or making of requisition under section 132A as the case may be shall abate.” This makes it further abundantly clear that only those assessments which are pending abate. Hence sanguine provisions