M/S MADHYA PRADESH MADHYAM,BHOPAL vs. THE ACIT 1(2), BHOPAL

In the result, both the appeals of the assessee i

Bench: Shri Kul Bharat & Shri Manish Borad

42,024.52 ITA 280 of 2014 and ITA 692 of 2013 6 MP Madhyam In view of the above facts, the Assessing Officer held that the nature of activities carried out by the assessee can at best be termed as commercial in nature. Therefore, the Assessing Officer held that the assessee was not covered in the definition of charitable purpose

BHARGAVI KESWANI,INDORE vs. ASST. COMMISSIONER OF INCOME TAX (CENTRAL)- II, BHOPAL , BHOPAL

Appeals are allowed

reassess taking into consideration the\nother material in respect of completed assessments/unabated\nassessments. Meaning thereby, in respect of completed/unabated\nassessments, no addition can be made by the AO in absence of\nany incriminating material found during the course of search\nunder Section 132 or requisition under Section 132A of the Act,\n1961. However, the completed/unabated assessments can be re-\nopened

M/S. SANWARIA AGROILS LIMITED,BHOPAL vs. THE ACIT 1(1), BHOPAL

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

Bench: Shri Chandra Mohan Garg & Shri O.P.Meena

42. The learned Counsel relying in the case of wherein it was held that VIjay Kumar Saboo (HUF) Ors v. ACIT 340 ITR 382 (Karn) submitted that interest u/s. 234B (3) is available in case of reassessment only from the date of original assessment and not from the first day of assessment year. 43. We have heard. We find that

SHRI NARAYAN DAS TOLANI,BHOPAL vs. THE ITO 3(1), BHOPAL

In the result, the appeal of the assessee on this ground is allowed

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

42,000 15,66,118 4,24,118 2. 2004-05 2,58,000 3,53,743 95,743 3. 2005-06 2,75,000 3,77,173 1,03,173 Total 16,75,000 22,97,034 6,22,034 After rejecting the objections raised by the Valuer of the assessee, the addition

ASSISSTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

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

reassessment order passed u/s 147 of the Act. The Cross Objections of the assessee stand disposed off being allowed. Revenue’s Appeal for A.Y. 2012-13, 2013-14, 2017-18, 2020- 21 and 2018-19: 11. Ld. Departmental Representative vehemently argued and submitted that section 80IB(11A) provides for deduction in the case of an undertaking deriving profit from

ASSISTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

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

reassessment order passed u/s 147 of the Act. The Cross Objections of the assessee stand disposed off being allowed. Revenue’s Appeal for A.Y. 2012-13, 2013-14, 2017-18, 2020- 21 and 2018-19: 11. Ld. Departmental Representative vehemently argued and submitted that section 80IB(11A) provides for deduction in the case of an undertaking deriving profit from

ASSISSTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

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

reassessment order passed u/s 147 of the Act. The Cross Objections of the assessee stand disposed off being allowed. Revenue’s Appeal for A.Y. 2012-13, 2013-14, 2017-18, 2020- 21 and 2018-19: 11. Ld. Departmental Representative vehemently argued and submitted that section 80IB(11A) provides for deduction in the case of an undertaking deriving profit from

ASSISTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

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

reassessment order passed u/s 147 of the Act. The Cross Objections of the assessee stand disposed off being allowed. Revenue’s Appeal for A.Y. 2012-13, 2013-14, 2017-18, 2020- 21 and 2018-19: 11. Ld. Departmental Representative vehemently argued and submitted that section 80IB(11A) provides for deduction in the case of an undertaking deriving profit from

ASSISSTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

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

reassessment order passed u/s 147 of the Act. The Cross Objections of the assessee stand disposed off being allowed. Revenue’s Appeal for A.Y. 2012-13, 2013-14, 2017-18, 2020- 21 and 2018-19: 11. Ld. Departmental Representative vehemently argued and submitted that section 80IB(11A) provides for deduction in the case of an undertaking deriving profit from

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

42,52,000 PARTICULARA SALES MARKET VALUE CONSIDERATION 50% share in house property 14,50,000 21,26,000 sold (Itwara, Bhopal) Indexed Cost of Acquisition 15,80,000 15,80,000 (2,50,000 x 632 / 100) Long Term Capital Gain (-) 1,30,000 5,46,000 Less : Deduction

SANTOSH RATHORE,INDORE vs. PRINCIPAL COMMISSIONER OF INCOME TAX, INDORE - 1, INDORE

Appeal is allowed

reassessment order. Once, the\nreassessment order per se framed by the Ld. AO is not sustainable in the eyes\nof law, any revision order passed thereon u/s 263 seeking to revise such\nunsustainable order cannot be accepted in the eyes of law and consequential\nrevision order also passed u/s 263 of the Act deserves to be quashed. Our\nview

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

reassessment proceedings with specific queries on the same issue. Thereafter the Pr. CIT has issued show cause notice u/s 263 on 22.02.2024 placed at page no.45 to 47 of the paper book as under: “M/s/Mr/Ms Subject: Notice for Hearing in respect of Revision proceedings uls 263 of the THE INCOME TAX ACT, 1961-Assessment Year 2016-17. In this regard

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

42 taxmann.com 476 (Allahabad) (x) Hon'ble High Court of Bombay in the case of CIT vs Orchid Industries (P) Ltd 88 taxmann.com 502 (Bombay). Other cases relied: (i) Hon'ble I.T.A.T., ‘E’ New Delhi in the case of M/s. NKG Infrastructure Ltd vs. Pr. CIT ITANos.3825 to 3827/Del/2018 order dated 05.09.2018 (ii) Hon'ble I.T.A.T., Indore Bench

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

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

42 taxmann.com 476 (Allahabad) (x) Hon'ble High Court of Bombay in the case of CIT vs Orchid Industries (P) Ltd 88 taxmann.com 502 (Bombay). Other cases relied: (i) Hon'ble I.T.A.T., ‘E’ New Delhi in the case of M/s. NKG Infrastructure Ltd vs. Pr. CIT ITANos.3825 to 3827/Del/2018 order dated 05.09.2018 (ii) Hon'ble I.T.A.T., Indore Bench

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

42 taxmann.com 476 (Allahabad) (x) Hon'ble High Court of Bombay in the case of CIT vs Orchid Industries (P) Ltd 88 taxmann.com 502 (Bombay). Other cases relied: (i) Hon'ble I.T.A.T., ‘E’ New Delhi in the case of M/s. NKG Infrastructure Ltd vs. Pr. CIT ITANos.3825 to 3827/Del/2018 order dated 05.09.2018 (ii) Hon'ble I.T.A.T., Indore Bench

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

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

42 taxmann.com 476 (Allahabad) (x) Hon'ble High Court of Bombay in the case of CIT vs Orchid Industries (P) Ltd 88 taxmann.com 502 (Bombay). Other cases relied: (i) Hon'ble I.T.A.T., ‘E’ New Delhi in the case of M/s. NKG Infrastructure Ltd vs. Pr. CIT ITANos.3825 to 3827/Del/2018 order dated 05.09.2018 (ii) Hon'ble I.T.A.T., Indore Bench

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

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

42 taxmann.com 476 (Allahabad) (x) Hon'ble High Court of Bombay in the case of CIT vs Orchid Industries (P) Ltd 88 taxmann.com 502 (Bombay). Other cases relied: (i) Hon'ble I.T.A.T., ‘E’ New Delhi in the case of M/s. NKG Infrastructure Ltd vs. Pr. CIT ITANos.3825 to 3827/Del/2018 order dated 05.09.2018 (ii) Hon'ble I.T.A.T., Indore Bench

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

42 taxmann.com 476 (Allahabad) (x) Hon'ble High Court of Bombay in the case of CIT vs Orchid Industries (P) Ltd 88 taxmann.com 502 (Bombay). Other cases relied: (i) Hon'ble I.T.A.T., ‘E’ New Delhi in the case of M/s. NKG Infrastructure Ltd vs. Pr. CIT ITANos.3825 to 3827/Del/2018 order dated 05.09.2018 (ii) Hon'ble I.T.A.T., Indore Bench