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

The appeals of the Revenue are dismissed

Bench: Shri Mahavir Prasad & Shri Manish Borad

1 commonly raised by the Revenue is dismissed. 12. Ground nos. 2 & 3 are raised by the Revenue challenging the observations of the Ld. CIT(A) to the effect that the reassessment u/s 148 of the Act could not have been made since the assessment was completed u/s 153A of the Act and also the observation that the present reopening

M/S SHIVALIKA REALITIES P LTD,INDORE vs. ITO 5(1) , INDORE

In the result of appeals of the assessee for AY 2008-09 and AY 2009-10 vide ITA no

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year: 2008-09 & Assessment Year: 2009-10

153C of the Act for both the A.Y. 2008-09 & A.Y. 2009-10. Subsequently, the Ld. ACIT-5(1) issued a notice u/s. 148 of the Act to the appellant for for A.Y. 2008-09 on 19.03.2015 and the ld. ACIT-3(1) issued a notice u/s. 148 of the act to the appellant 9 M/s. Shivalika Realities

M/S SHIVALIKA REALITIES P LTD,INDORE vs. ITO 5(1) , INDORE

In the result of appeals of the assessee for AY 2008-09 and AY 2009-10 vide ITA no

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year: 2008-09 & Assessment Year: 2009-10

153C of the Act for both the A.Y. 2008-09 & A.Y. 2009-10. Subsequently, the Ld. ACIT-5(1) issued a notice u/s. 148 of the Act to the appellant for for A.Y. 2008-09 on 19.03.2015 and the ld. ACIT-3(1) issued a notice u/s. 148 of the act to the appellant 9 M/s. Shivalika Realities

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

Appeals are allowed

reassess taking into consideration the other material in\nrespect of completed assessments/unabated assessments. Meaning\nthereby, in respect of completed/unabated assessments, no addition can\nbe made by the AO in absence of any incriminating material found\nduring the course of search under Section 132 or requisition\nunder Section 132A of the Act, 1961. However, the completed/unabated\nassessments can be re-opened

SWAPNIL RATHI,INDORE vs. DEPUTY COMMISSIONER OF INCOME TAX 2 (1), INDORE

In the result, appeal of assessee is partly allowed for statistical purposes

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Swapnil Rathi, Dcit-2(1) 17Bf, Scheme No.74C, Indore Vs. Vilay Nagar, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Afwpr 6790 K Assessee By Shri Pankaj Shah & Soumya Bumb, Ars Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 24.05.2023 Date Of Pronouncement 19.07.2023

1), CO No.38 to 41/Ind/2019 ( arising out of ITA No.448 & 451 to 453/Ind/2018). Thus, the Ld. AR has submitted that the provisions of section 153C will prevail over the provision of section 147 and therefore, once the department comes to the conclusion that such documents belong to the assesse, proceeding u/s 153C r.w.s. 153A of the Act ought to have

JCIT OSD CENTRAL-1, BHOPAL vs. M/S SHAKSHI TOWN SHIP P LTD, GWALIOR

Appeal is dismissed and assessee's cross-\nobjection is allowed

153C\ncan be initiated.\niii. No proceedings u/s 148 can be initiated as no\nproof of escapement of income is available.\nMerely for verification of certain transactions,\nproceedings u/s 148 cannot be initiated.\niv. The DDIT(Inv.), Gwalior has not clarified as to\nwhen this loan was received by M/s Shakshi\nTownship (P) Ltd. hence, the year receipt of loan

THE DCIT CENTRAL-(1), INDORE vs. M/S AYUSH AJAY CONSTRUCTION PVT. LTD. , INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyanii.T(Ss).A. Nos.14 To 16/Ind/2018 (Assessment Years: 2007-08 To 2009-10)

153C r.w.s. 153A/143(3) of the Income Tax Act, 1961(hereinafter referred to as “the Act”) for A.Ys. 2007-08 to 2009-10 respectively. In IT(SS)A No. 141/Ind/2019 the appeal preferred by the Revenue are directed against the order dated 26.04.2019 passed by the CIT(A)-3, Bhopal (M.P.) arising out of the assessment order passed

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

SHRI BHAWANI SHANKAR PARASHAR,INDORE vs. THE DCIT/ACIT 1 (2), INDORE

In the result, appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Bhawani Shankar Pr. Cit-1 Prashar Indore 28, Lasudia Mori, Vijay Vs. Nagar, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Bgbpp 2475 G Assessee By Shri S.N. Agrawal, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 02.05.2023 Date Of Pronouncement 21.06.2023

reassessment proceedings since those notices were in their knowledge as they were served physically. However, show cause notices and order passed by the Ld Principal Commissioner of Income Tax-1, Indore was never served physically to the appellant as a result of which the appellant was totally unaware of the fact that show cause notices had been issued and order

DEPUTY COMMISSIONER OF INCOME TAX 1 (1), BHOPAL vs. SHRI NEERAJ MANDLOI, NEW DELHI

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2009-10

reassessment could have be done only u/s 153C and not u/s 147 and thus the impugned assessment order was liable to be quashed as being without Shri Neeraj Mandloi ITA No.680/Ind/2020 & C.O.No.04/Ind/2020 jurisdiction. 3.That the Ld CIT(A) failed to appreciate that section 153 C overrides section 147/148 and thus proceedings which are initiated pursuant to document seized under

LATE SMT SUSHILA BISARYA, BHOPAL vs. THE PR CIT-1, BHOPAL

In the result, we are Shri Jignesh Lilachand Shah vs

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanilate Smt. Sushila Bisarya Pr. Cit-1 L.H. Pramod Bisarya Bhopal Vs. 125 Malviya Nagar, Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Aewpb 2587 D Assessee By Shri Gagan Tiwari, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 10.08.2023 Date Of Pronouncement 16.08.2023

147 r.w.s. 143(3) on 31st July 2017 has not made Page 4 of 18 Smt. Sushila Bisarya Page 5 of 18 any addition to the return of income of the assessee and therefore, there was no occasion for the assessee to challenge the assessment order before the appellate authority. Since the assessment order was not prejudicial to the interest

DILIP BUDHADEV,INDORE, MADHYA PRADESH vs. THE ITO, SENDHWA, SENDHWA, MADHYA PRADESH

In the result appeal of the assesse is allowed for statistical\npurpose

u/s\n246A of the Act before the Ld. CIT(A) who by the “impugned\norder\" has dismissed the 1st appeal of the assessee on the\ngrounds and reasons stated therein. The core ground and\nreasons for the dismissal of the 1st appeal was as under:-\n\"5. xxxxxThe appellant was required to file appeal within 30 days\nof the receipt

SMT MANORAMA SINGHAL,INDORE vs. ITO-3(2), INDORE

In the result, assessee’s appeal in ITANo

Bench: Shri Chandra Mohan Garg & Shri Manish Boradvirtual Hearing Assessment Years: 2013-14

u/s 143(2) & 142(1) of the Act assessee stated that no ‘on-money’ has been paid and the plot of land was purchased from M/s. Rani Agro Pvt. Ltd. on 03.12.2012 for consideration of Rs.40,00,000/- after payment of stamp duty of Rs.2,50,000/- Smt. Manorama Singhal . Ld. AO however was not convinced and based upon

JCIT(OSD),-2(1),INDORE, INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

reassessment of the firm under section 143(3) read with section 148 wherein the impugned share of profit was offered to tax was completed and accepted by the Revenue. There is no material with the AO to demonstrate that firm was not genuine, and its activities were doubtful nature, and that the impugned amount of Rs.25,76,208/- represented unexplained

THE DCIT, 2(1), INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

reassessment of the firm under section 143(3) read with section 148 wherein the impugned share of profit was offered to tax was completed and accepted by the Revenue. There is no material with the AO to demonstrate that firm was not genuine, and its activities were doubtful nature, and that the impugned amount of Rs.25,76,208/- represented unexplained

THE DCIT, 2(1), INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

reassessment of the firm under section 143(3) read with section 148 wherein the impugned share of profit was offered to tax was completed and accepted by the Revenue. There is no material with the AO to demonstrate that firm was not genuine, and its activities were doubtful nature, and that the impugned amount of Rs.25,76,208/- represented unexplained

SHIVAM ENTERPRISES,HARDA vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishivam Enterprises Nfac 483, Lal Bangla, Lal Bhadhur Delhi Shastri Ward Vs. Tahsil Harda Harda (Appellant / Assessee) (Respondent/ Revenue) Pan: Acdfs1727R Assessee By Ms. Nisha Lahoti, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 31.07.2024 Date Of Pronouncement 31 .07.2024

section 142(3) by not providing the information and documents gathered which formed the basis of inquiry and in the absence of an opportunity of being heard given to the assessee in respect such gathered material 5. On the facts and circumstances of the case and applicable law, Ld. CIT(A) erred in sustaining the addition made u/s