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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

40A(3) and Section 40(a)(ia) of the Act cannot be said to be justified in view of the observations made hereinabove. Further, we find that the findings recorded by the Ld. CIT(A) have not been controverted by the Ld.CIT-DR by bringing any contrary material on record. Hence, we do not find any infirmity in the findings

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

Section 40A(3) of Income Tax Act,1961 because these were not made by A/c payee cheques. Accordingly, addition of Rs.1.95 crores was made to the total income of the appellant during the course of reassessment

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

reassessment notice was liable to be quashed. 14. We also find that the Ld. AO mentioned about section 40A(3) in the reasons

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

reassessment notice was liable to be quashed. 14. We also find that the Ld. AO mentioned about section 40A(3) in the reasons

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

reassessment notice was liable to be quashed. 14. We also find that the Ld. AO mentioned about section 40A(3) in the reasons

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

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

reassessment notice was liable to be quashed. 14. We also find that the Ld. AO mentioned about section 40A(3) in the reasons

AG-8 VENTURES LTD.,BHOPAL vs. ACIT, CENTRAL-1, BHOPAL

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

reassess' to completed assessment proceedings. vi. Insofar 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

AG-8 VENTURES LTD.,BHOPAL vs. ACIT, CENTRAL-1, BHOPAL

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

reassess' to completed assessment proceedings. vi. Insofar 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

DEEYA AGROTECH PRIVATE LIMITED,BURHANPUR vs. ITO BURHANPUR, BURHANPUR

In the result the “Impugned order” is set aside as and by

Bench: Shri B.M. Biyani & Shri Paresh M Joshideeya Agrotech Private Ito Burhanpur बनाम/ Limited, Vs. 203, Bahadarpur Road, Burhanpur 450331, Madhya Pradesh, Indore (Pan:Aadcd9603J) (Appellant) (Respondent) Assessee By Sh. Pankaj Mogra, Ca Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 12.02.2026 Date Of Pronouncement 19.02.2026 आदेश/ O R D E R

40A(3). Appellant had not produced any bills or transport receipts which could be right prove the contention of appellant. Therefore, appellant has failed to disprove the findings of A.O. in lacks of the substantiate documents. 5.3 Further, it is pertinent to state that to decide this appeal in timely manner several notices/ communications through ITBA portal were sent

M/S PUMARTH INFRASTRUCTURE PVT.LTD.,INDORE vs. ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL)-1, INDORE, INDORE

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

40A(3) Infrastructure 8.Telescoping of Sumati Kumar 2012-13 & (n/a) Ground No.11 additions Kasliwal and 2013-14 consequential Sumati Kumar sustained vis-à- Pumarth issue Kasliwal and vis income Infrastructure Ground No.8 surrendered in Pumarth Infrastructure On various issues challenged by the assessee(s) and revenue in these bunch of appeals and cross objection, Ld. Senior Counsel for the assessee

M/S NISHANT FINANCE PVT.LTD,INDORE vs. ASSISTANT COMMISSIONER OF INCOME TAX-CENTRAL (I), INDORE, INDORE

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

40A(3) Infrastructure 8.Telescoping of Sumati Kumar 2012-13 & (n/a) Ground No.11 additions Kasliwal and 2013-14 consequential Sumati Kumar sustained vis-à- Pumarth issue Kasliwal and vis income Infrastructure Ground No.8 surrendered in Pumarth Infrastructure On various issues challenged by the assessee(s) and revenue in these bunch of appeals and cross objection, Ld. Senior Counsel for the assessee

SUMATI KUMAR KASLIWAL,INDORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, (CENTRAL)-1, INDORE, INDORE

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

40A(3) Infrastructure 8.Telescoping of Sumati Kumar 2012-13 & (n/a) Ground No.11 additions Kasliwal and 2013-14 consequential Sumati Kumar sustained vis-à- Pumarth issue Kasliwal and vis income Infrastructure Ground No.8 surrendered in Pumarth Infrastructure On various issues challenged by the assessee(s) and revenue in these bunch of appeals and cross objection, Ld. Senior Counsel for the assessee

PARTH KASLIWAL,INDORE vs. ASSISTANT COMMISSIONER OF INCOME TAX- CENTRAL (I), INDORE , INDORE

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

40A(3) Infrastructure 8.Telescoping of Sumati Kumar 2012-13 & (n/a) Ground No.11 additions Kasliwal and 2013-14 consequential Sumati Kumar sustained vis-à- Pumarth issue Kasliwal and vis income Infrastructure Ground No.8 surrendered in Pumarth Infrastructure On various issues challenged by the assessee(s) and revenue in these bunch of appeals and cross objection, Ld. Senior Counsel for the assessee

SHRIMATI SHARDA KASLIWAL,INDORE vs. ASSISTANT COMMISSIONER OF INCOME TAX- CENTRAL (I), INDORE, INDORE

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

40A(3) Infrastructure 8.Telescoping of Sumati Kumar 2012-13 & (n/a) Ground No.11 additions Kasliwal and 2013-14 consequential Sumati Kumar sustained vis-à- Pumarth issue Kasliwal and vis income Infrastructure Ground No.8 surrendered in Pumarth Infrastructure On various issues challenged by the assessee(s) and revenue in these bunch of appeals and cross objection, Ld. Senior Counsel for the assessee

DYPUTI COMMISSIONER OF INCOME TAX (CENTRAL)-1, INDORE, INDORE vs. M/S PUMARTH INFRASTRUCTURE PVT. LTD. , INDORE

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

40A(3) Infrastructure 8.Telescoping of Sumati Kumar 2012-13 & (n/a) Ground No.11 additions Kasliwal and 2013-14 consequential Sumati Kumar sustained vis-à- Pumarth issue Kasliwal and vis income Infrastructure Ground No.8 surrendered in Pumarth Infrastructure On various issues challenged by the assessee(s) and revenue in these bunch of appeals and cross objection, Ld. Senior Counsel for the assessee

MANOJ KASLIWAL,INDORE vs. ASSISTANT COMMISSIONER OF INCOME TAX- CENTRAL (1), INDORE, INDORE

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

40A(3) Infrastructure 8.Telescoping of Sumati Kumar 2012-13 & (n/a) Ground No.11 additions Kasliwal and 2013-14 consequential Sumati Kumar sustained vis-à- Pumarth issue Kasliwal and vis income Infrastructure Ground No.8 surrendered in Pumarth Infrastructure On various issues challenged by the assessee(s) and revenue in these bunch of appeals and cross objection, Ld. Senior Counsel for the assessee

M/S SOM DISTILLERIES PVT. LTD.,BHOPAL vs. THE ACIT 1(2), BHOPAL

In the result, the appeal is allowed for statistical

Bench: Shri C.M. Garg & Shri O.P. Meena

reassessment proceedings was that the assessee company has purchased coal from Shree Coal India Pvt. Ltd. of Rs. 13.68 lacs and made payments in cash in violation of section 40A

PRADEEP KHANDELWAL,INDORE vs. CIT-I INDORE, INDORE

Appeal is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2011-12 Shri Pradeep Khandelwal, Pr. Cit (1), बनाम/ 196,Bajrang Nagar, Indore. Indore. Vs. (Assessee / Appellant) (Revenue / Respondent) Pan: Akppk2676R Assessee By None Revenue By Shri P.K.Mishra, Cit Dr Date Of Hearing 08.08.2023 Date Of Pronouncement 11.08.2023

40A(3) only, how can the order of re-assessment be said to be erroneous qua the exemption u/s 54/54F? We raised this query to Ld. DR. The Ld. DR could not submit any convincing reply though he dutifully relied upon impugned revision-order. 6. In our considered understanding, when the issue of exemption u/s 54/54F was never a part