DB POWER LTD,BHOPAL vs. THE ACIT,CENTRAL CIRCLE-1, BHOPAL, BHOPAL

Appeal is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S Db Power Limited, Acit, Central Circle-1, बनाम/ Office Block, 1A, Bhopal Vs. Db City Park, 5Th Floor, Corporate Block, Opp. M.P. Nagar Zone-1, Arera Hills, Bhopal (Pan:Aaccd5475F) (Assessee/Appellant) (Revenue/Respondent) Acit, Central Circle-1, M/S Db Power Limited, बनाम/ Bhopal Office Block, 1A, Vs. Db City Park, 5Th Floor, Corporate Block, Opp. M.P. Nagar Zone-1, Arera Hills, Bhopal (Pan:Aaccd5475F) (Revenue/Appellant) (Assessee/Respondent)

142(1) of the Act. 2. We would straightaway go to the sanction granted under Section 151 of the Act. It is petitioner's case that the approval obtained for issuing notice under Section 148 of the Act is not in accordance with the mandate of Section 151 as the said approval is of Additional Commissioner of Income Tax instead

M/S RADHISHWARI DEVLOPERS P LTD,INDORE vs. PR CIT -2 INDORE, INDORE

In the result, Assessee’s appeal in ITANo

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing Assessment Year 2013-14 M/S. Radhishwari Developers P. Ltd. (Now Known As R.C. Warehousing Pvt. Ltd. ) Indore : Appellant Pan :Aafcr1916A V/S Pr. Cito-2 : Respondent Indore Appellant By S/Shri Sumit Nema Sr. Adv. With Gagan Tiwari & Piyush Parashar Advs. Revenue By Shri S.S. Mantri, Cit-Dr Date Of Hearing 24.05.2021 Date Of Pronouncement 20.07.2021

142 (1) of the Act, which was duly answered by way of various details, explanations and letters. Complete books of account, details of incomes, supported with documentary evidences were produced and examined by the learned Assessing Officer during the assessment proceedings. The counsel of the assessee company had appeared before the learned Assessing Officer and filed replies. Thereafter, after due/required

THE DCIT ,CENTRAL-1, BHOPAL vs. M/S VATIKA BUILDERS & DEVELOPERS, BHOPAL

Appeal is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2015-16 Dcit (Central)-I, M/S. Vatika Builders & Bhopal Developers, Vatika Parisar, बनाम/ Near Petrol Pump, Vs. Lalghati, Bhopal

reassessment u/s 147 will be invalid, if no notice u/s 143(2) was issued and will not be save even by section 292BB, even if the assessee participates in the proceedings. The Revenue can avail section 292BB only if notice u/s 143(2) was issued and not when admitted position is that no notice was issued as in the instant

MANJU YADAV,INDORE vs. ITO-1(2), INDORE, INDORE

The appeal of the assessee is allowed

Bench: Shri Siddhartha Nautiyal & Shri Bhagirath Mal Biyani

reassessment proceedings against the assessee and the assessment was completed under section 147 read with section 144 of the Income-tax Act. 1961 (“the Act”). In the course of such assessment proceedings, the Assessing Officer issued a notice under section 142(1

DCIT (CENTRAL), BHOPAL vs. SHAILENDRA SHARMA, BHOPAL

In the result the appeals of the assessee for the Assessment

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

142(1) dated 07.07.2017 and asked the assessee to furnish the details of unsecured loan, gift received by him alongwith supporting documentary evidence. In response to the said notice the assessee furnished details of unsecured loans/gift received vide letter dated 09.01.2018 which is reproduced by the A.O in para 10 as under: Sl.No. A.Y Name of lender Amount (Rs.) 1

SHRI HUMAD JAIN SAKH SAHAKARI SANSTHA MARYADIT,INDORE vs. ITO 2(1), INDORE

Appeal is allowed

reassess income even if it was not the primary reason for reopening, provided the initial notice is valid.", "result": "Allowed", "sections": [ "143(3)", "147", "148", "80P", "143(2)", "142(1

JAGDISH SOLANKI ,JHABUA vs. INCOME TAX OFFICER JHABUA, JHABUA

Appeal is dismissed

sections": [ "147", "144", "144B", "139", "148", "142(1)", "143(2)", "69A", "115BBE", "271AAC", "274", "151", "143(3)", "144B" ], "issues": "Whether the reassessment

NARENDRA KUMAR AGRAWAL,BURHANPUR vs. PCIT INDORE-1, INDORE

In the result, appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaninarendra Kumar Agrawal Pcit (1) 203, Ck Campus Aaykar Bhawan Bahadarpur Road Vs. Indore Burhanpur (Appellant / Assessee) (Respondent/ Revenue) Pan: Adapa0131B Assessee By Shri S.N. Agrawal & Pankaj Mogra, Ars Revenue By Shri Ram Kumar Yadav, Cit-Dr Date Of Hearing 20.08.2024 Date Of Pronouncement 29.08.2024

142(1) of the Income Tax Act, 1961. ITBA/AST/F/142(1)/2021-22/1040493159(1) dated 09th March 2022 Ref: Assessee: Shri Narendra Kumar Agrawal 203,C.K. Campus Bahadarpur Road, Burhanpur(MP) Α.Υ: 2016-17 PANo.: ADAPA01318 Page 13 of 27 ITANo.345/Ind/2024 Narendra Kumar Agrawal Status: Individual With reference to above and as required by you the assessee submit herewith the following

INCOME TAX OFFICER-1(2), INDORE, INDORE vs. DIVINE INFRACREATION AND TRADING PRIVATE LIMITED, MUMBAI

Accordingly quash the assessment-order made by AO.\nThe assessee's ground is allowed

142(1) was issued fixing date of hearing on 16.04.2014;\n-on 22.04.2014, Return of Income was filed by assessee;\n-on 30.04.2014, further Query letter_u/s_142(1) as well as show cause notice_u/s\n271(1)(b) was issued;\n-notices_u/s_142(1) were issued on 17.11.2014 and 06.02.2015 and the proceedings\nwere attended

SHRI SANDEEP MEHTA,NEEMUCH vs. INCOME TAX OFFICER, NEEMUCH

In the result, we answer the question in the affirmative i

Bench: Shri Rajpal Yadav & Shri Manish Boradिनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष"/ Assessment Year : 2009-10 वष" Shri Sandeep Mehta, The Income Tax Officer, S/O. Shri Jay Singh Mehta, Vs Neemuch Vijay Talkies Chouraha, Neemuch (Mp) Pan : Adbpm 8174 B "" यथ"/ (Respondent) अपीलाथ"/ (Appellant) Assessee By : Shri S.N. Agrawal & Shri Pankaj Mogra, Ars Revenue By : Shri Harshit Bari, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 02/08/2021 घोषणा क" तार"ख /Date Of Pronouncement: 17 /08/2021 आदेश/O R D E R Per Rajpal Yadav: The Assessee Is In Appeal Before The Tribunal Against The Order Of The Learned Commissioner Of Income-Tax (Appeals), Ujjain (Mp) Dated 28.11.2017 Passed For Assessment Year 2009-10. 2. In The First Ground Of Appeal, The Assessee Has Challenged Reopening Of Assessment By Issuance Of Notice Under Section 148 Of The Income-Tax Act, 1961. 3. The Learned Counsel For The Assessee, While Impugning The Orders Of The Revenue Authorities, Contended That The Assessment Was Reopened For The Reason That The Assessee Has Made Cash Deposits Amounting To Rs.11,00,000/-, Without Disclosing The Source Of Deposits & This

1) of section 142 or section 148 or to disclose fully and truly all material facts necessary for his assessment, for that assessment year: Provided further that the Assessing Officer may assess or reassess

MAPAEX REMEDIES PVT LTD ,BHOPAL vs. THE DCIT -2- (1), BHOPAL , BHOPAL

Appeals are dismissed

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

142 or section 148 or to disclose fully and truly all material facts necessary for his assessment, for that assessment year:” 12. Ld. AR submitted that the aforesaid proviso bars the AO from taking action u/s 147 after expiry of four years from end of the assessment-year in a case where original assessment of assessee had been made

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE - 5(1), BHOPAL , BHOPAL MADHYA PRADESH vs. MAPAEX REMEDIES PVT LTD, BHOPAL MADHYA PRADESH

Appeals are dismissed

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

142 or section 148 or to disclose fully and truly all material facts necessary for his assessment, for that assessment year:” 12. Ld. AR submitted that the aforesaid proviso bars the AO from taking action u/s 147 after expiry of four years from end of the assessment-year in a case where original assessment of assessee had been made

MS MAPAEX REMEDIES PVT LTD,BHOPAL vs. ACIT 2 (1) BHOPAL, BHOPAL

Appeals are dismissed

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

142 or section 148 or to disclose fully and truly all material facts necessary for his assessment, for that assessment year:” 12. Ld. AR submitted that the aforesaid proviso bars the AO from taking action u/s 147 after expiry of four years from end of the assessment-year in a case where original assessment of assessee had been made

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -5(1), BHOPAL , BHOPAL, MADHYA PRADESH vs. MAPAEX REMEDIES PVT. LTD., BHOPAL MADHYA PRADESH

Appeals are dismissed

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

142 or section 148 or to disclose fully and truly all material facts necessary for his assessment, for that assessment year:” 12. Ld. AR submitted that the aforesaid proviso bars the AO from taking action u/s 147 after expiry of four years from end of the assessment-year in a case where original assessment of assessee had been made

MS MAPAEX REMEDIES PVT LTD,BHOPAL vs. ACIT 2 (1) BHOPAL, BHOPAL MADHYA PRADESH

Appeals are dismissed

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

142 or section 148 or to disclose fully and truly all material facts necessary for his assessment, for that assessment year:” 12. Ld. AR submitted that the aforesaid proviso bars the AO from taking action u/s 147 after expiry of four years from end of the assessment-year in a case where original assessment of assessee had been made

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 5 1, BHOPAL , BHOPAL MADHYA PRADESH vs. MAPAEX REMEDIES PVT LTD, BHOPAL MADHYA PRADESH

Appeals are dismissed

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

142 or section 148 or to disclose fully and truly all material facts necessary for his assessment, for that assessment year:” 12. Ld. AR submitted that the aforesaid proviso bars the AO from taking action u/s 147 after expiry of four years from end of the assessment-year in a case where original assessment of assessee had been made

AJIT BONDRIYA,LIMASSOL, CYPRUS vs. ITO 2(5), BHOPAL, BHOPAL, MADHYA PRADESH

Appeal is allowed for statistical purpose

section 142(1) of the Act enclosing:\na) Copy of Equity transaction statement\nb) Copy of bank statement FY 2015-16\n40\n35\n21-24\n11.\nShow Cause Notice dated 24.11.2023 issued u/s 144 of the Act.\n41-42\n12.\nAcknowledgement of Reply dated 29.11.2023 in response to show\ncause notice dated 24.11.2023 enclosing:\n43-44\nPage

ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL)-1, INDORE vs. SHRI RITESH JAIN, INDORE

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani & It(Ss)Ano.14/Ind/2022 (Assesssment Year 2011-12

section 143(2) read with decision of Delhi High Court. 3.That in any case and in any view of the matter, reassessment order ought to have been held as nullity by Hon’ble CIT(A). 4. That the cross objector craves the leave to add, amend, modify deleted any of the grounds of cross objection before or at the time