S T I INDIA LTD.,INDORE vs. ACIT-5(1), INDORE

Appeals are disposed of as under:

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

66,673/- and deleted extra disallowance. This way, the assessee got part relief in first-appeal. 12. Immediately after narration of these facts, we enquired from Ld. AR the status of AY 2007-08, whether the assessee filed any appeal contesting the issue and if yes, what is present position? Ld. AR requested to give some time to check

ACIT-5(1), INDORE vs. S T I INDIA LTD., INDORE

Appeals are disposed of as under:

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

66,673/- and deleted extra disallowance. This way, the assessee got part relief in first-appeal. 12. Immediately after narration of these facts, we enquired from Ld. AR the status of AY 2007-08, whether the assessee filed any appeal contesting the issue and if yes, what is present position? Ld. AR requested to give some time to check

ACIT-5(1), INDORE vs. S T I INDIA LTD., INDORE

Appeals are disposed of as under:

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

66,673/- and deleted extra disallowance. This way, the assessee got part relief in first-appeal. 12. Immediately after narration of these facts, we enquired from Ld. AR the status of AY 2007-08, whether the assessee filed any appeal contesting the issue and if yes, what is present position? Ld. AR requested to give some time to check

ACIT-5(1), INDORE vs. S T I INDIA LTD., INDORE

Appeals are disposed of as under:

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

66,673/- and deleted extra disallowance. This way, the assessee got part relief in first-appeal. 12. Immediately after narration of these facts, we enquired from Ld. AR the status of AY 2007-08, whether the assessee filed any appeal contesting the issue and if yes, what is present position? Ld. AR requested to give some time to check

ACIT-5(1), INDORE vs. S T I INDIA LTD., INDORE

Appeals are disposed of as under:

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

66,673/- and deleted extra disallowance. This way, the assessee got part relief in first-appeal. 12. Immediately after narration of these facts, we enquired from Ld. AR the status of AY 2007-08, whether the assessee filed any appeal contesting the issue and if yes, what is present position? Ld. AR requested to give some time to check

S T I INDIA LTD.,INDORE vs. ACIT-5(1), INDORE

Appeals are disposed of as under:

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

66,673/- and deleted extra disallowance. This way, the assessee got part relief in first-appeal. 12. Immediately after narration of these facts, we enquired from Ld. AR the status of AY 2007-08, whether the assessee filed any appeal contesting the issue and if yes, what is present position? Ld. AR requested to give some time to check

M/S SHREE COAL ENTERPRISES (I) PVT. LTD.,BHOPAL vs. THE ACIT 3(1), BHOPAL

In the result, all the 12 appeals filed at the instance of

Bench: Shri Kul Bharat & Shri Manish Borad

reassessment cannot be declared as invalid in the penalty proceedings.” In the light of the above judgment we are unable to affirm the action of the authorities below. As the initiation of penalty under section 271(1)(c) vide notice 274 of the Act is not inconformity with the requirement of the law. Thus, the Penalty order

M/S KETI SANGAM INFRASTRUCTURE (I) LTD.,INDORE vs. THE DCIT (CENTRAL), INDORE

In the result, all the 12 appeals filed at the instance of

Bench: Shri Kul Bharat & Shri Manish Borad

reassessment cannot be declared as invalid in the penalty proceedings.” In the light of the above judgment we are unable to affirm the action of the authorities below. As the initiation of penalty under section 271(1)(c) vide notice 274 of the Act is not inconformity with the requirement of the law. Thus, the Penalty order

M/S KETI SANGHAM INFRASTRUTURE (I) LIMITED,INDORE vs. DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL), INDORE

In the result, all the 12 appeals filed at the instance of

Bench: Shri Kul Bharat & Shri Manish Borad

reassessment cannot be declared as invalid in the penalty proceedings.” In the light of the above judgment we are unable to affirm the action of the authorities below. As the initiation of penalty under section 271(1)(c) vide notice 274 of the Act is not inconformity with the requirement of the law. Thus, the Penalty order

GURVINDER KAUR BHATIA ,INDORE vs. PR. CIT-2, INDORE

In the result, both the appeals of the assessee(s) in ITANo

Bench: Shri Kul Bharat & Shri Manish Boradassessment Years: 2015-16

reassess the assessee’s income observing as follows: “I have carefully considered the facts of the case, the assessment records and the written submission given by the assessee. It is noted that the case was selected for complete 19 HarleenKaur Bhatia &GurvinderKaur Bhatia ITA Nos.150 & 151 /Ind/19 scrutiny through CASS and the reason for selection were mentioned as high ratio

HARLEEN KAUR BHATIA,INDORE vs. PR. CIT-2, INDORE

In the result, both the appeals of the assessee(s) in ITANo

Bench: Shri Kul Bharat & Shri Manish Boradassessment Years: 2015-16

reassess the assessee’s income observing as follows: “I have carefully considered the facts of the case, the assessment records and the written submission given by the assessee. It is noted that the case was selected for complete 19 HarleenKaur Bhatia &GurvinderKaur Bhatia ITA Nos.150 & 151 /Ind/19 scrutiny through CASS and the reason for selection were mentioned as high ratio

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

66 (SC) Whether in order to invoke section 263 Assessing Officer’s order must be erroneous and also prejudicial to revenue and if one of them is absent, i.e. if order of income-tax officer is erroneous but is not prejudicial to revenue or if it is not erroneous but is prejudicial to revenue, recourse cannot be had to section

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

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 of Rs. 6,22,034/- was made

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

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

66,000 3,56,88,065 P Ltd 12 Marino Fresh AABCM2781N 2,81,250 4,35,99,164 Food Indu Ltd Dev Lok 13 Marketing P AAACD9682L 12,36,000 Ltd. 14 Surya Shakti AAECS0505K 9,55,500 4,06,97,791 Marketing PL 15 Super Deal AAECS2143K 1,79,58,750 25,00,46,932 Sales

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

66,000 3,56,88,065 P Ltd 12 Marino Fresh AABCM2781N 2,81,250 4,35,99,164 Food Indu Ltd Dev Lok 13 Marketing P AAACD9682L 12,36,000 Ltd. 14 Surya Shakti AAECS0505K 9,55,500 4,06,97,791 Marketing PL 15 Super Deal AAECS2143K 1,79,58,750 25,00,46,932 Sales

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

66,000 3,56,88,065 P Ltd 12 Marino Fresh AABCM2781N 2,81,250 4,35,99,164 Food Indu Ltd Dev Lok 13 Marketing P AAACD9682L 12,36,000 Ltd. 14 Surya Shakti AAECS0505K 9,55,500 4,06,97,791 Marketing PL 15 Super Deal AAECS2143K 1,79,58,750 25,00,46,932 Sales