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

reassessment by invoking the provisions of section 263 may kindly be dropped. Without prejudice to the above as far as merit of the issues reaised in show-cause notice in question are concerned, we have to submit that the learned Assessing Officer has issued notices u/s 133(6) in loan creditor companies (supra). That after getting the requisite details

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

220 (2017) 245 Тахтап 214: (2017) 77 taxmann.com 245, 22, 24 and 27 has held as under :- 22. In case of Sahara, in addition we have the adjudication by the Income Tax Settlement Commission. The order has been placed on record along with L.A. No. 4. The Settlement Commission has observed that the scrutiny of entries on loose papers, computer

SHRI BHAWANI SHANKAR PARASHAR,INDORE vs. THE DCIT/ACIT 1 (2), INDORE

In the result, appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Bhawani Shankar Pr. Cit-1 Prashar Indore 28, Lasudia Mori, Vijay Vs. Nagar, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Bgbpp 2475 G Assessee By Shri S.N. Agrawal, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 02.05.2023 Date Of Pronouncement 21.06.2023

2 of 21 Bhawani Shankar Page 3 of 21 during the course of reassessment proceedings since those notices were in their knowledge as they were served physically. However, show cause notices and order passed by the Ld Principal Commissioner of Income Tax-1, Indore was never served physically to the appellant as a result of which the appellant was totally

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

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. SANEE INFRASTRUCTURE PVT. LTD.,BHOPAL vs. THE PR CIT , BHOPAL

In the result appeal of the assessee is partly allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2015-16 M/S. Sanee Infrastructure Pr.Cit-2, Pvt. Ltd, Vs. Bhopal D-1, Machna Colony, 6 No Bus Stop, Bhopal (Appellant) (Revenue ) Pan No.Aagcs8307M Appellant By Shri Arun Jain, Ca Revenue By Shri S.B. Prasad, Cit Date Of Hearing 12.03.2020 Date Of Pronouncement 01.06.2020 O R D E R

220 ITR 456 (Delhi) (xx) CIT V Active Traders (P) Ltd 24ITR 583 (Calcutta) (xxi) Addl.CIT V Mukur Corporation 111 ITR 312 (Gujarat) 7. Per contra Departmental Representative vehemently argued and supported the orders of Ld. PCIT contending that no proper enquiry was conducted for the reasons on the basis of which limited scrutiny was taken up. 8. We have

M/S. BHANDARI HOSPITAL AND RESEARCH CENTRE,INDORE vs. THE PR. CIT-1, INDORE

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 M/S Bhandari Hospital & Pr. Cit-(I) Research Centre, Gf-21 & Indore बनाम/ 22, Opp. Meghdoot Garden, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) P.A. No.Aadfb8151A

2 (IA) did not arise for consideration. It was evident from the order of the High Court that the findings recorded by the Tribunal that the 41 [ITA No.355/Ind/2017] [Bhandari Hospital & Research Centre] appellant stopped agricultural operation in November 1982 and the receipt under consideration did not relate to any agricultural operation carried on by the appellant, were not questioned

MS. SANGEETA CHOPRA,UJJAIN vs. THE PR. CIT. UJJAIN, UJJAIN

In the result, the appeal filed by the assessee is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

2 to Section 263(1) of the Act. 1.2 The learned A.O. allowed deduction under section 54 as claimed by the appellant on account of construction of new house after verifying and examining Sale Deed, necessary approvals, Valuation Report, Bank Statements and other relevant documents submitted and produced during the course of assessment. 1.3 It is also important to note

SHRI GURUCHARAN SINGH,BHOPAL vs. THE ITO 3(1), BHOPAL

In the result, the appeal of the assessee is partly allowed for A

Bench: Shri C.M. Garg & Shri O.P.Meena, Accoutant Member आ.अ.सं./ I.T. A. No.377 & 378/Ind/2014 "नधा"रण वष"/ Assessment Year: 2007-08 & 2008-09 Shri Gurucharan Singh V. Ito 3(1) Indore Marwah, Prp. M/S Janta Goods Transport, House No.11 P.N.B. Colony, Idgah Hills, Bhopal "था.ले.सं./Pan:Buzps8087D अपीलाथ" /Appellant ""यथ" /Respondent

section 147. The reassessment completed on the basis of notice u/s 143(2) of the Income Tax Act prior to expiry of time u/s 143(2) issued is illegal.” 2. Since facts for both years ie. A.Ys. 2007-08 and 2008-09 are identical, hence, we are discussing facts of A.Y. 2007- 08 in I.T.A No. 377/In/2014 which would also

M/S SHIVALIKA REALITIES P LTD,INDORE vs. ITO 5(1) , INDORE

In the result of appeals of the assessee for AY 2008-09 and AY 2009-10 vide ITA no

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year: 2008-09 & Assessment Year: 2009-10

reassessment proceedings in pursuance of such notices have validly been carried out. The CIT(DR) also relied upon the findings given by the CIT(A) in the appellate order. 18. We have heard rival contentions and perused the records placed before us and duly considered the AO’s order, the CIT(A)’s order, paper books filed by the appellant

M/S SHIVALIKA REALITIES P LTD,INDORE vs. ITO 5(1) , INDORE

In the result of appeals of the assessee for AY 2008-09 and AY 2009-10 vide ITA no

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year: 2008-09 & Assessment Year: 2009-10

reassessment proceedings in pursuance of such notices have validly been carried out. The CIT(DR) also relied upon the findings given by the CIT(A) in the appellate order. 18. We have heard rival contentions and perused the records placed before us and duly considered the AO’s order, the CIT(A)’s order, paper books filed by the appellant

M/S. FERRO CONCRETE CON. INDIA PVT. LTD.,INDORE vs. THE DCIT CIRCLE-1(1), INDORE

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing

Section 147 of the Act, the reasons would have to show in what manner the Assessee had failed to make a full and true disclosure of all the material facts necessary for the assessment. The failure to do so would not be a mere irregularity. It would render the reopening of the assessment after four years vulnerable to invalidation. Conclusion

M/S. FERRO CONCRETE CON. INDIA PVT. LTD.,INDORE vs. THE PR.CIT-1, INDORE

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing

Section 147 of the Act, the reasons would have to show in what manner the Assessee had failed to make a full and true disclosure of all the material facts necessary for the assessment. The failure to do so would not be a mere irregularity. It would render the reopening of the assessment after four years vulnerable to invalidation. Conclusion

ASSISTANT COMMISSIONER OF INCOME TAX 1 (1), INDORE vs. M/S FERRO CONCREATE CONSTRUCTION (INDIA) PVT. LTD INDORE, INDORE

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing

Section 147 of the Act, the reasons would have to show in what manner the Assessee had failed to make a full and true disclosure of all the material facts necessary for the assessment. The failure to do so would not be a mere irregularity. It would render the reopening of the assessment after four years vulnerable to invalidation. Conclusion

SARTHAK REAL BUILT PVT. LTD, ,INDORE vs. DY, CIT,CPC-TDS, GHAZIABAD

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing

Section 147 of the Act, the reasons would have to show in what manner the Assessee had failed to make a full and true disclosure of all the material facts necessary for the assessment. The failure to do so would not be a mere irregularity. It would render the reopening of the assessment after four years vulnerable to invalidation. Conclusion

SHRI KAMLESH KUMAR CHOUDHARY,GWALIOR vs. THE DCIT 1(1), BHOPAL

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

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

220 (SC) (xxi) Asstt. Commissioner of Income tax Vs. Narottam Mishra (2018) 32 ITJ 510 (Indore) ITAT, Indore Bench. (xxii)Bansal Strips Pvt. Ltd V/s ACIT (2006) 99 ITD 177 (Del) 41. We have heard rival contentions and perused the records placed before us and carefully gone through the judgments/decisions of Hon'ble Apex Court/High Courts and Tribunals. In Ground

BIRENDRA KUMAR SHARMA,GWALIOR vs. ACIT 1(1), BHOPAL

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

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

220 (SC) (xxi) Asstt. Commissioner of Income tax Vs. Narottam Mishra (2018) 32 ITJ 510 (Indore) ITAT, Indore Bench. (xxii)Bansal Strips Pvt. Ltd V/s ACIT (2006) 99 ITD 177 (Del) 41. We have heard rival contentions and perused the records placed before us and carefully gone through the judgments/decisions of Hon'ble Apex Court/High Courts and Tribunals. In Ground

SHRI KHEMRAJ SINGH CHAUHAN,GWALIOR vs. THE DCIT 1(1), BHOPAL

In the result these bunch of fourteen appeals of the assessee’s for Assessment Year 2009-10 are partly allowed for statistical purposes

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

220 (SC) (xxi) Asstt. Commissioner of Income tax Vs. Narottam Mishra (2018) 32 ITJ 510 (Indore) ITAT, Indore Bench. (xxii)Bansal Strips Pvt. Ltd V/s ACIT (2006) 99 ITD 177 (Del) 41. We have heard rival contentions and perused the records placed before us and carefully gone through the judgments/decisions of Hon'ble Apex Court/High Courts and Tribunals. In Ground