DEPUTY COMMISSIONER OF INCOME TAX -5(1), INDORE vs. M/S SUNDERDEEP CONSTRUCTIONS PVT. LTD. , INDORE

In the result both the appeals of the revenue vide ITA No

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

reassessment proceedings. We are unable to accept that is the true position in law. In our opinion the decision of the Andra Pradesh High Court in State of Andhra Pradesh v. Bavuri V. Narasimhan, (1) relied on by the assessee was not correctly decided. For the reasons mentioned above, we allow these appeals, vacate the answers given by the High

M/S JAYGANGA EXIM INDIA (P) LTD.,KOLKATA vs. DCIT, CIRCLE-II, BHOPAL

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2012-13 M/S. Jayganga Exim India Pvt. Dy. Cit, Limited Central-Ii, [Formerly Known As ‘Jay Jyoti Bhopal (India) Pvt. Ltd.’] बनाम/ 26, Col. Biswas Road, Ground Floor, Vs. West Side Flat, Kolkata (Assessee / Appellant) (Revenue / Respondent) Pan: Aaacj 8822 E Assessee By Shri Harsh Vijaywargiya, Ca Revenue By Ms. Simran Bhullar, Cit Dr Date Of Hearing 21.11.2023 Date Of Pronouncement 02.01.2024

section 144 of Income-tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2012-13, the assessee has filed this appeal on following grounds: (i) That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action Page 1 of 18 M/s. Jayganga Exim India

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

189/- in the earlier year to Rs.58,38,100/- during the year under consideration. The appellant submitted that during the year under consideration, the contract receipt has been increased from Rs.19,15,31,078/- to Rs.23,55,53,052/- i.e. by Rs.4,40,21,344/-. The Assessing Officer during the course of assessment proceedings has not pointed out any defect

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

189/- in the earlier year to Rs.58,38,100/- during the year under consideration. The appellant submitted that during the year under consideration, the contract receipt has been increased from Rs.19,15,31,078/- to Rs.23,55,53,052/- i.e. by Rs.4,40,21,344/-. The Assessing Officer during the course of assessment proceedings has not pointed out any defect

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

189/- in the earlier year to Rs.58,38,100/- during the year under consideration. The appellant submitted that during the year under consideration, the contract receipt has been increased from Rs.19,15,31,078/- to Rs.23,55,53,052/- i.e. by Rs.4,40,21,344/-. The Assessing Officer during the course of assessment proceedings has not pointed out any defect

THE ACIT, CICLE -4(1), INDORE vs. M/S. NAROTTAMDAS ENTERPRISES PODDAR PLAZA, INDORE

In the result, the appeal of the Revenue is dismissed

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

reassessment proceedings. 5.1 The submissions made by the appellant on various dates have been reproduced above. I have gone through the written submissions and observed that the appellant has contested the issue mainly on two accounts which are as under: 1. Such payments are covered by exception in clause (f) of Rule 6DD of Income tax Rules ; . 2. Such payments

THE ACIT CENTRAL -1, BHOPAL vs. SHRI SUNIL SAHU , RAIPUR

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

reassessment proceedings for the A.Ys. 2010-11 to 2012-13, we are refraining ourselves to decide other grounds raised by the assessee which have now become academic only. Accordingly, the appeals for the A.Ys. 2010-11 to 2012-13 stand allowed. ITA No.355/Ind/2020 & Ors. (ACIT vs. Shri Sunil Sahu) A.Y.– 2013-14 & Ors. - 12 - ITA No.355/Ind/2020 (A.Y. 2013-14), filed

SUNIL SAHU,RAIPUR vs. ACIT(CENTRAL)-2, BHOPAL

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

reassessment proceedings for the A.Ys. 2010-11 to 2012-13, we are refraining ourselves to decide other grounds raised by the assessee which have now become academic only. Accordingly, the appeals for the A.Ys. 2010-11 to 2012-13 stand allowed. ITA No.355/Ind/2020 & Ors. (ACIT vs. Shri Sunil Sahu) A.Y.– 2013-14 & Ors. - 12 - ITA No.355/Ind/2020 (A.Y. 2013-14), filed

SUNIL SAHU,RAIPUR vs. ACIT(CENTRAL)-2, BHOPAL

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

reassessment proceedings for the A.Ys. 2010-11 to 2012-13, we are refraining ourselves to decide other grounds raised by the assessee which have now become academic only. Accordingly, the appeals for the A.Ys. 2010-11 to 2012-13 stand allowed. ITA No.355/Ind/2020 & Ors. (ACIT vs. Shri Sunil Sahu) A.Y.– 2013-14 & Ors. - 12 - ITA No.355/Ind/2020 (A.Y. 2013-14), filed

SUNIL SAHU,RAIPUR vs. ACIT(CENTRAL)-2, BHOPAL

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

reassessment proceedings for the A.Ys. 2010-11 to 2012-13, we are refraining ourselves to decide other grounds raised by the assessee which have now become academic only. Accordingly, the appeals for the A.Ys. 2010-11 to 2012-13 stand allowed. ITA No.355/Ind/2020 & Ors. (ACIT vs. Shri Sunil Sahu) A.Y.– 2013-14 & Ors. - 12 - ITA No.355/Ind/2020 (A.Y. 2013-14), filed

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

189 to 540 of the PB for A.Y. 2015-16. 6 No The assessee had At second Second Despite making specific independent specifically requested para of para at request, the AO did not inquiry the AO for either page no. 41 Page No. conduct any conducted by giving the opportunity of the AO’s 621 of the independent enquiry

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

189 to 540 of the PB for A.Y. 2015-16. 6 No The assessee had At second Second Despite making specific independent specifically requested para of para at request, the AO did not inquiry the AO for either page no. 41 Page No. conduct any conducted by giving the opportunity of the AO’s 621 of the independent enquiry

SHRI M A KHAN,BHOPAL vs. THE ACIT 3(1), BHOPAL

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) It(Ss)A Nos.37 To 42/Ind/2015 & Assessment Years: 2004-05 To 2010-11 Late M.A. Khan Acit 3(1) (Through L/H Nazhat Bhopal Parveen Khan) बनाम/ B-90, Housing Board, Vs. Kohefiza, Bhopal (Appellant / Assessee) (Respondent / Revenue) Pan:Aewpk 3620 C Assessee By Ms. Nisha Lahoti & Shri Vijay Bansal, Ars Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 12.01.2023 Date Of Pronouncement 31.03.2023

reassess' to completed assessment proceedings. vi. In so far as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis of the findings of the search and any other material existing or brought on the record

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

Appeals are dismissed

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

reassessment now sought to be done was merely a change in opinion. 15. However, the AO turned down objections of assessee through letter dated 05.11.2019, copy at Page 26A-26C of Paper-Book. Ld. AR submitted in this letter, the AO has basically mentioned that the case had been re- opened on the basis of subsequent scrutiny-assessment

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

reassessment now sought to be done was merely a change in opinion. 15. However, the AO turned down objections of assessee through letter dated 05.11.2019, copy at Page 26A-26C of Paper-Book. Ld. AR submitted in this letter, the AO has basically mentioned that the case had been re- opened on the basis of subsequent scrutiny-assessment

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

reassessment now sought to be done was merely a change in opinion. 15. However, the AO turned down objections of assessee through letter dated 05.11.2019, copy at Page 26A-26C of Paper-Book. Ld. AR submitted in this letter, the AO has basically mentioned that the case had been re- opened on the basis of subsequent scrutiny-assessment

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

reassessment now sought to be done was merely a change in opinion. 15. However, the AO turned down objections of assessee through letter dated 05.11.2019, copy at Page 26A-26C of Paper-Book. Ld. AR submitted in this letter, the AO has basically mentioned that the case had been re- opened on the basis of subsequent scrutiny-assessment

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

reassessment now sought to be done was merely a change in opinion. 15. However, the AO turned down objections of assessee through letter dated 05.11.2019, copy at Page 26A-26C of Paper-Book. Ld. AR submitted in this letter, the AO has basically mentioned that the case had been re- opened on the basis of subsequent scrutiny-assessment