ACIT 5 (1), BHOPAL vs. M/S VINDHYA SOLVENT PVT. LTD., BHOPAL

In the result, Revenue’s appeal is dismissed

Bench: Ms. Madhumita Roy& Shri Bhagirath Mal Biyani

purchase of land or plant and machinery was not necessarily requirement for the VSPL to undertake trading activities. In any case, this ground is legally not relevant. 8.28 The AO has also noted that the appellant has not undertaken any business activity. The same is found to be factually incorrect. As is noted from a perusal of the Profit

RUPESH VYAS,INDORE vs. THE ACIT3(1), INDORE, INDORE

In the result, this appeal of assessee is dismissed

Bench: Shri T.R. Senthil Kumar & Shri B.M. Biyani

bogus and unexplained credit u/ s 68 of IT Act, 1961. The appellant during assessment proceedings was also given sufficient opportunities by the AO to prove genuineness of transaction, identity of the purchasers of shares and creditworthiness. The appellant has failed to prove three ingredients of section

INCOME TAX OFFICER 5(1), INDORE vs. UMANG DEVELOPERS, INDORE

Appeals are dismissed

bogus and entry provider but\nthe Hon'ble Jurisdictional Tribunal held otherwise on perusal of the audited\naccounts of the lender - demonstrating enough reserves and surplus.\nFacts on record, appellant's submission and case laws have been perused. The\naddition was made first by the AO in assessment order u/s 143(3) dated\n29.12.2019 for want of documents other than

INCOME TAX OFFICER INDORE 5(1), INDORE vs. UMANG DEVELOPERS, INDORE

Appeals are dismissed

bogus and entry provider but\nthe Hon'ble Jurisdictional Tribunal held otherwise on perusal of the audited\naccounts of the lender - demonstrating enough reserves and surplus.\nFacts on record, appellant's submission and case laws have been perused. The\naddition was made first by the AO in assessment order u/s 143(3) dated\n29.12.2019 for want of documents other than

M/S OREF SECURITIES PRIVATE LTD. ,MANDSAUR vs. INCOME TAX OFFICER, INDORE

In the result, appeal of the assessee is allowed

Bench: Shri Manish Borad & Ms.Madhumita Royआयकर अपील सं./ Ita No.70/Ind/2018 "नधा"रण वष"/Asstt. Year: 2013-14 Vs. Ito, Mandsaur. M/S.Oref Securities P.Ltd. 69, Agrasen Nagar B/H. Mid India Mandsaur.

purchase of share had been proved-by assessee - Held, yes - Whether, therefore, appellate authorities had rightly deleted impugned addition made by Assessing Officer - Held, yes [para6] [In favour of assessee] ix) Honorable Delhi High court in the case of CIT vs. Kansal Fincap Ltd. Reported in 221 Taxman 151 Section 68: Cash credits -Share application money - No addition shall

RUPESH VYAS,INDORE vs. THE ACIT3(1), INDORE, INDORE

In the result, this appeal of assessee is dismissed

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani

68 3, Balbir Chand Maini Vs CIT [2011J 12 taxmann.com 276 (Punjab & Haryana) / [2011] 201 Taxman 94 (Punjab & Haryana (MAG.) / [2012] 340 ITR 161 (Punjab & Haryana) / [2012] 247 CTR 468 (Punjab & Haryana) Section 69 of the Income-tax Act, 1961 - Unexplained investments Assessment year 1998-99 During assessment proceedings, Assessing Officer found that assessee had purchased certain shares

THE I.T.O. 2 (1), INDORE vs. M/S HI LINK BUILDCON P LTD , INDORE

In the result, this appeal of revenue is partly allowed for statistical purpose

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2012-13 Ito, 2(1) M/S. Hi Link Buildcon Pvt. Indore Ltd. बनाम/ 06, Sadhna Nagar, Vs. Airport Road, Indore (Appellant / Revenue) (Respondent / Assessee) Pan: Aacch7180H Assessee By Shri Milind Wadhwani & Shri Pankaj Shah, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 23.08.2022 Date Of Pronouncement 19.09.2022

purchase of stamps. Therefore, according to us, the credit shown by assessee in books of account is surrounded by a thick cloud of suspicion which the assessee is obliged to dispel. 15. We also observe that during assessment-proceeding, the Ld. AO served notices u/s 133(6) / 131 but Shri Nilesh Jain did not respond. We also observe that

THE ITO 2 (1) INDORE, INDORE vs. M/S HI LINK CITY HOMES P LTD,, INDORE

In the result, this appeal of revenue is partly allowed for statistical purpose

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2012-13 Ito, 2(1) M/S. Hi Link City Homes Indore Pvt. Ltd. बनाम/ 06, Sadhna Nagar, Vs. Airport Road, Indore (Appellant / Revenue) (Respondent / Assessee) Pan: Aacch5920K Assessee By Shri Milind Wadhwani & Shri Pankaj Shah, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 23.08.2022 Date Of Pronouncement 19.09.2022

purchase of stamps. Therefore, according to us, the credit shown by assessee in books of account is surrounded by a thick cloud of suspicion which the assessee is obliged to dispel. 15. We also observe that during assessment-proceeding, the Ld. AO served notices u/s 133(6) / 131 but Shri Nilesh Jain did not respond. We also observe that

DECENT INDUSTRIES P. LTD.,BHOPAL vs. ITO-1(2), BHOPAL

Appeal is partly allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani(Virtual Hearing) Assessment Year: 2012-13 M/S Decent Industries Ito-1(2), Private Ltd, Bhopal 5Th Floor, Corporate Park, बनाम/ Db City Area Hills, Vs. Opp. M.P. Nagar Zone I, Bhopal (Assessee/Appellant) (Revenue/Respondent) Pan: Aaeca6271G Assessee By Ms. Shilpa Gupta & Shri N.K. Gupta Revenue By Shri V.K. Singh, Cit-Dr Date Of Hearing 04.06.2024 Date Of Pronouncement 20.08.2024

purchasing shares of assessee. This finding noted by AO himself in assessment-order clearly shows that “A” and “J” have admitted not only the investment made in assessee but also the source utilized by them for making investment. Thirdly, the assessee has adduced sufficient evidences as enumerated in foregoing para to show that all three ingredients of section 68

THE ACIT-5(1), INDORE vs. M/S. SUNDERDEEP CONSTRUCTION PVT. LTD., INDORE

In the result all the grounds raised by the Revenue are

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Boradassessment Year 2012-13

bogus creditors. 7. We will first take up Ground No.1 relating to deletion of addition u/s 68 of the Act at Rs.2,76,42,000/-. During the course of assessment proceedings Ld. A.O observed that the assessee received cash from some parties to which advances were given in the preceding years. Ld. A.O was not satisfied with the genuineness Sunderdeep

PIYUSH JAIN,INDORE vs. INCOME TAX OFFICER-4(4), INDORE , ITO, INDORE

In the result, the appeal filed by the assessee is allowed

purchase or bogus sales which are brought on record by the Assessing Officer\nand as such, he says that in the instant case, there is no ground for rejection of the\nbooks of account and as such the applicability of section 145(3) of the Act by the AO\nis legally not valid and the book results should be accepted

DCIT-4(1), INDORE vs. M/S. YAKSHA INFRASTRUCTURE COM. PVT. LTD., TALOJA, RAIGARH

Appeal is dismissed

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

68 of the IT Act in view of the fact that the both the assessee company as well as the creditors failed to submit evidences in support of their claims that the payments made were in lieu of sale purchase transactions, and also failed to show the sale purchase nature of the transaction? Ground

YAKSHA INFRASTRUCTURE COMPANY (P) LTD. (FORMERLY KNOWN FROLIC REALTY (P) LTD.),MUMBAI vs. DCIT-3(1) , INDORE

Appeal is dismissed

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

68 of the IT Act in view of the fact that the both the assessee company as well as the creditors failed to submit evidences in support of their claims that the payments made were in lieu of sale purchase transactions, and also failed to show the sale purchase nature of the transaction? Ground

MANISH GOVIND AGRAWAL HUF,INDORE vs. I T O 2(1), INDORE

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

bogus entries through manipulation in stock market. It was further inferred that the assessee has taken benefit of section 10(38) by engaging in long term capital gain on sale of shares of VAS Infra. The has neither earned any 10 Shivnarayan Sharma & Ors ITA Nos. 889/Ind/2018,474,206,60,987/Ind/2019 long term capital gain nor taken benefit of section

GOVIND HARINARAYAN AGRAWAL HUF,INDORE vs. I T O 2(1), INDORE

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

bogus entries through manipulation in stock market. It was further inferred that the assessee has taken benefit of section 10(38) by engaging in long term capital gain on sale of shares of VAS Infra. The has neither earned any 10 Shivnarayan Sharma & Ors ITA Nos. 889/Ind/2018,474,206,60,987/Ind/2019 long term capital gain nor taken benefit of section

SHIV NARAYAN SHARMA,INDORE vs. ACIT CIRCLE 3(1), INDORE

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

bogus entries through manipulation in stock market. It was further inferred that the assessee has taken benefit of section 10(38) by engaging in long term capital gain on sale of shares of VAS Infra. The has neither earned any 10 Shivnarayan Sharma & Ors ITA Nos. 889/Ind/2018,474,206,60,987/Ind/2019 long term capital gain nor taken benefit of section

SAPAN SHAH,INDORE vs. ACIT-4(I), INDORE

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

bogus entries through manipulation in stock market. It was further inferred that the assessee has taken benefit of section 10(38) by engaging in long term capital gain on sale of shares of VAS Infra. The has neither earned any 10 Shivnarayan Sharma & Ors ITA Nos. 889/Ind/2018,474,206,60,987/Ind/2019 long term capital gain nor taken benefit of section

DARSHAN KUMAR PAHWA,INDORE vs. DCIT CIRCLE5(1), INDORE

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

bogus entries through manipulation in stock market. It was further inferred that the assessee has taken benefit of section 10(38) by engaging in long term capital gain on sale of shares of VAS Infra. The has neither earned any 10 Shivnarayan Sharma & Ors ITA Nos. 889/Ind/2018,474,206,60,987/Ind/2019 long term capital gain nor taken benefit of section

PRAYANK JAIN,INDORE vs. ACIT5(1), INDORE

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

bogus entries through manipulation in stock market. It was further inferred that the assessee has taken benefit of section 10(38) by engaging in long term capital gain on sale of shares of VAS Infra. The has neither earned any 10 Shivnarayan Sharma & Ors ITA Nos. 889/Ind/2018,474,206,60,987/Ind/2019 long term capital gain nor taken benefit of section