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

Appeal is allowed

Additional /\nJoint Commissioner of Income Tax, Range - 4, Indore.\nIn this regard, we have to most respectfully submit that the reassessment\nproceedings for the above-captioned assessment year 2015-16 were initiated vide\nNotice u/s.148 of the Act on 31.03.2021, i.e. the 5th year from the end of the\n assessment year. Thus, before issuing Notice u/s.148

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

147 of the Income-tax Act. Accordingly, notice u/s 148 of the I.T. Act is proposed to be issued to tax the above escaped income and also any other income chargeable to tax which has escaped assessment and which comes to my notice subsequently in the course of the proceedings under the said section.” 5.4 Thus, it is clear from

SMT. MEHA JAIN,JALGAON vs. DCIT (CENTRAL), BHOPAL

In the result, appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanismt. Meha Jain Dcit(Central) 40, Jay Nagar, Jilha Peth Bhopal Vs. Jalgaon Maharashtra (Appellant / Assessee) (Respondent/ Revenue) Pan: Aeipj 3170 N Assessee By Shri P.D. Nagar, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 18.05.2023 Date Of Pronouncement 24.05.2023

Income Tax Act carried out at the residence of the assessee on 16.05.2013 Page 1 of 11 Meha Jain Page 2 of 11 which was concluded on 31.05.2013. Due to the search and seizure action the reassessment proceedings were also centralized along with assessment u/s 153A of the Act. The reassessment proceedings were completed on 19.02.2014 by DCIT (Central) Bhopal

JAGDISH SOLANKI ,JHABUA vs. INCOME TAX OFFICER JHABUA, JHABUA

Appeal is dismissed

u/s 144 read with section 147 of the Income-tax Act. The appellant did not furnish army reply to the notices issued by the AO. However, during the appellate proceedings, he has furnished voluminous detail and documents with request to accept these additional evidences under Rule 46A. In the interest of natural justice, the details and documents furnished

SUNAYANA INVESTMENT COMPANY LTD,INDORE vs. PCIT-1, INDORE, INDORE

The appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanisunayana Investment Company Pcit-1, Ltd, Indore Part-B Of 417 Chetak Centre Annex, Vs. R.N.T. Marg, Near Hotel Shreemaya, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaucs5765M Assessee By Shri Sohit Gupta & Ms. Alifiya Ali, Ars Revenue By Shri Ram Kumar Yadav, Cit-Dr Date Of Hearing 08.10.2024 Date Of Pronouncement 11.10.2024 O R D E R

income however, the assessee produced the audited finance statements, bank account statements before the A.O which was called for by the A.O while issuing the notice u/s 142(1) of the Act. This reply was already available with the A.O at the time of initiating the proceedings u/s 147 of the Act by issuing notice u/s

AGROH INFRASTRUCTURE DEVELOPERS P LTD,MHOW vs. PR CIT CENTRAL CIRCLE BHOPAL, BHOPAL

In the result, appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S Agroh Infrastructure Pr. Cit (Central) Developers Pvt. Ltd. Bhopal Aqua Point, A.B.Road, Vs. Umaria, Mhow, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaeca 2752 L Assessee By Shri Manish Mittal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 10.04.2023 Date Of Pronouncement 11.04.2023

income u/s 139(1) was filed on 13.10.2008. (b) The said return was processed u/s 143(3) (c) Notice u/s 148 was issued on 18.03.2015 (d) Order u/s 143 r.w.s. 147 was passed on 03.03.2016. (e) The revision order u/s 263 was passed on 15.03.2017. (f) The Ld. AO passed order u/s 143 r.w.s. 263 of the Act on 31st

SANJEEV AGRAWAL ,BHOPAL vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL-2, BHOPAL

Appeal is allowed

reassessment proceedings.”\nThus, in the light of judicial rulings cited above, it is clear that the\nAO's action of resorting to re-assessment u/s 147 by-passing the\ncompulsory scrutiny mandated by CBDT Instruction, is invalid and hence\nthe assessment framed by AO u/s 147 cannot be sustained. Therefore, we\nquash the order passed by AO. The assessee succeeds

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

additions even if they did not form part of original reasons and such authority comes from 3rd Page 14 of 18 M/s. Jayganga Exim India (P) Ltd., Kolkata vs. DCIT, Central II, Bhopal Assessment year 2012-13 Proviso to section 147. Therefore, at first, we re-produce section 147 alongwith the said 3rd proviso, which reads as under: “147

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

additions but allowing deduction u/s 80-IC. Thereafter, the regular assessment of subsequent AY 2014-15 was completed vide order dated 29.12.2016 wherein the deduction u/s 80-IC was denied for the first time. Based on denial of deduction in AY 2014-15, the case of AY 2012-13 was re- opened u/s 147 through notice dated 30.03.1999 u/s

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

additions but allowing deduction u/s 80-IC. Thereafter, the regular assessment of subsequent AY 2014-15 was completed vide order dated 29.12.2016 wherein the deduction u/s 80-IC was denied for the first time. Based on denial of deduction in AY 2014-15, the case of AY 2012-13 was re- opened u/s 147 through notice dated 30.03.1999 u/s

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

additions but allowing deduction u/s 80-IC. Thereafter, the regular assessment of subsequent AY 2014-15 was completed vide order dated 29.12.2016 wherein the deduction u/s 80-IC was denied for the first time. Based on denial of deduction in AY 2014-15, the case of AY 2012-13 was re- opened u/s 147 through notice dated 30.03.1999 u/s

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

Appeals are dismissed

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

additions but allowing deduction u/s 80-IC. Thereafter, the regular assessment of subsequent AY 2014-15 was completed vide order dated 29.12.2016 wherein the deduction u/s 80-IC was denied for the first time. Based on denial of deduction in AY 2014-15, the case of AY 2012-13 was re- opened u/s 147 through notice dated 30.03.1999 u/s

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

additions but allowing deduction u/s 80-IC. Thereafter, the regular assessment of subsequent AY 2014-15 was completed vide order dated 29.12.2016 wherein the deduction u/s 80-IC was denied for the first time. Based on denial of deduction in AY 2014-15, the case of AY 2012-13 was re- opened u/s 147 through notice dated 30.03.1999 u/s

MAPAEX REMEDIES PVT LTD ,BHOPAL vs. THE DCIT -2- (1), BHOPAL , BHOPAL

Appeals are dismissed

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

additions but allowing deduction u/s 80-IC. Thereafter, the regular assessment of subsequent AY 2014-15 was completed vide order dated 29.12.2016 wherein the deduction u/s 80-IC was denied for the first time. Based on denial of deduction in AY 2014-15, the case of AY 2012-13 was re- opened u/s 147 through notice dated 30.03.1999 u/s

SHRI SANDEEP MEHTA,NEEMUCH vs. INCOME TAX OFFICER, NEEMUCH

In the result, we answer the question in the affirmative i

Bench: Shri Rajpal Yadav & Shri Manish Boradिनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष"/ Assessment Year : 2009-10 वष" Shri Sandeep Mehta, The Income Tax Officer, S/O. Shri Jay Singh Mehta, Vs Neemuch Vijay Talkies Chouraha, Neemuch (Mp) Pan : Adbpm 8174 B "" यथ"/ (Respondent) अपीलाथ"/ (Appellant) Assessee By : Shri S.N. Agrawal & Shri Pankaj Mogra, Ars Revenue By : Shri Harshit Bari, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 02/08/2021 घोषणा क" तार"ख /Date Of Pronouncement: 17 /08/2021 आदेश/O R D E R Per Rajpal Yadav: The Assessee Is In Appeal Before The Tribunal Against The Order Of The Learned Commissioner Of Income-Tax (Appeals), Ujjain (Mp) Dated 28.11.2017 Passed For Assessment Year 2009-10. 2. In The First Ground Of Appeal, The Assessee Has Challenged Reopening Of Assessment By Issuance Of Notice Under Section 148 Of The Income-Tax Act, 1961. 3. The Learned Counsel For The Assessee, While Impugning The Orders Of The Revenue Authorities, Contended That The Assessment Was Reopened For The Reason That The Assessee Has Made Cash Deposits Amounting To Rs.11,00,000/-, Without Disclosing The Source Of Deposits & This

u/s 148 is being issued. (K.P. Vaishya) Income Tax Officer, Neemuch” 6. A perusal of the assessment order would reveal that the Assessing Officer has not made any addition of Rs.11,00,000/-. The total income determined by the Assessing Officer is Rs. 4,41,300/-. The issue in dispute is squarely covered by the judgment

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

147 in its Paper Book for A.Y. 2015-16, we find that such loose papers pertain to the details of the loans obtained by the assessee company from various lender companies such as name of the lender company, amount of loan, period of interest, amount of interest, TDS, etc. and also contain the corresponding details of sources of funds

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

147 in its Paper Book for A.Y. 2015-16, we find that such loose papers pertain to the details of the loans obtained by the assessee company from various lender companies such as name of the lender company, amount of loan, period of interest, amount of interest, TDS, etc. and also contain the corresponding details of sources of funds

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