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

147 of the Income Tax Act, 1961 in the case of assessee firm for the A.Y. 2013-14. In this case, a return of income was filed for the year under consideration and regular assessment u/s 143(3) was made on 13/11/2014. In this case more than four years have lapsed from the end of the assessment year under consideration

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

147 of the Income Tax Act, 1961 in the case of assessee firm for the A.Y. 2013-14. In this case, a return of income was filed for the year under consideration and regular assessment u/s 143(3) was made on 13/11/2014. In this case more than four years have lapsed from the end of the assessment year under consideration

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

147 of the Income Tax Act, 1961 in the case of assessee firm for the A.Y. 2013-14. In this case, a return of income was filed for the year under consideration and regular assessment u/s 143(3) was made on 13/11/2014. In this case more than four years have lapsed from the end of the assessment year under consideration

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

Appeals are dismissed

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

147 of the Income Tax Act, 1961 in the case of assessee firm for the A.Y. 2013-14. In this case, a return of income was filed for the year under consideration and regular assessment u/s 143(3) was made on 13/11/2014. In this case more than four years have lapsed from the end of the assessment year under consideration

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

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

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

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

13,050/-. The assessment was initially processed u/s 143(1) and thereafter, it was reopened by issuing notice u/s 148 of the Income Tax Act and reassessment order was passed on 03.03.2016. Thereafter, Pr. CIT invoked the provisions of section 263 against the reassessment order dated 03.03.2016, on the issue of loan transactions found recorded in the seized material

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

3) was pending before the Ld. CIT(A) which was decided by the Ld. CIT(A) vide impugned order dated 29th July 2019. The above stated facts are not in dispute and therefore it is clear that reassessment proceedings initiated vide notice u/s 148 dated 22.03.2013 were pending on the date of search i.e. 16.05.2013. Accordingly, reassessment proceedings pending

JAYANTILAL SANGHVI,INDORE vs. ACIT 4(1), INDORE

Appeal is partly allowed for statistical purpose

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2012-13 Jayantilal Sanghvi, Acit, 8/10, Warehouse Road, 4(1), बनाम/ Patel Bridge, Indore. Vs. Indore. (Assessee/Appellant) (Revenue/Respondent) Pan: Agtps5825Q Assessee By Shri Venus Rawka, C.A. Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 12.06.2024 Date Of Pronouncement .06.2024

reassessment order dated 13-12- 2016 passed under section 143(3) read with section 147 of the Act, there is a reference to the fact that previously section 143(3) assessment order had been framed on 24-12-2011. (iii) Lastly and more importantly, the reopening was triggered, based on a statement made by one Mr Sanjeeva Kumar Sinha, Director

THE ITO-2(2), BHOPAL vs. SHRI SANDEEP KUMAR DUBEY, BHOPAL

In the result, the appeal of the revenue is dismissed on both

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

reassessment order passed u/s 143(3) read with section 147 of the Act in pursuance thereto, are bad in law and void ab initio. Our conclusion also gets strong support from the ratio of the decision of the Hon'ble jurisdictional High Court in the Chunnilal Onkarmal Pvt. Ltd., (supra). 13

ACIT(CENTRAL)-1,, INDORE vs. SHRI RAJUL BHARGAVA, INDORE

The appeals of the Revenue are dismissed

Bench: Shri Mahavir Prasad & Shri Manish Borad

13. It is also seen that the words ‘to the contrary’ are not mentioned in section 153A. In such a situation, the applicability of all such sections mentioned in the non obstante clause is completely ruled out. It is also seen that section 153A to section 153D are self contained complete code for assessment in search cases. I, therefore, find

ACIT(CENTRAL)-1, INDORE, INDORE vs. SHRI RAUNAK MARU, INDORE

The appeals of the Revenue are dismissed

Bench: Shri Mahavir Prasad & Shri Manish Borad

13. It is also seen that the words ‘to the contrary’ are not mentioned in section 153A. In such a situation, the applicability of all such sections mentioned in the non obstante clause is completely ruled out. It is also seen that section 153A to section 153D are self contained complete code for assessment in search cases. I, therefore, find

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

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 P Ltd 16 Quicker Impex AAACQ0433E 1,07,69,250 3,27,11,907 & Credit PL 17 Satyam Credit AADCS6627H

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

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 P Ltd 16 Quicker Impex AAACQ0433E 1,07,69,250 3,27,11,907 & Credit PL 17 Satyam Credit AADCS6627H

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

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 P Ltd 16 Quicker Impex AAACQ0433E 1,07,69,250 3,27,11,907 & Credit PL 17 Satyam Credit AADCS6627H