M/S NISHANT FINANCE PVT.LTD,INDORE vs. ASSISTANT COMMISSIONER OF INCOME TAX-CENTRAL (I), INDORE, INDORE

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

section 153(4) and the assessment orders passed in the case of the assessee are not time barred. 6.13 On going through the aforesaid provisions and the relevant judicial analysis in our opinion this ground of appeal deserves to be remanded to the file of the Learned CIT(A) in light of the decision of Hon’ble Jurisdictional High

M/S PUMARTH INFRASTRUCTURE PVT.LTD.,INDORE vs. ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL)-1, INDORE, INDORE

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

section 153(4) and the assessment orders passed in the case of the assessee are not time barred. 6.13 On going through the aforesaid provisions and the relevant judicial analysis in our opinion this ground of appeal deserves to be remanded to the file of the Learned CIT(A) in light of the decision of Hon’ble Jurisdictional High

DYPUTI COMMISSIONER OF INCOME TAX (CENTRAL)-1, INDORE, INDORE vs. M/S PUMARTH INFRASTRUCTURE PVT. LTD. , INDORE

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

section 153(4) and the assessment orders passed in the case of the assessee are not time barred. 6.13 On going through the aforesaid provisions and the relevant judicial analysis in our opinion this ground of appeal deserves to be remanded to the file of the Learned CIT(A) in light of the decision of Hon’ble Jurisdictional High

SUMATI KUMAR KASLIWAL,INDORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, (CENTRAL)-1, INDORE, INDORE

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

section 153(4) and the assessment orders passed in the case of the assessee are not time barred. 6.13 On going through the aforesaid provisions and the relevant judicial analysis in our opinion this ground of appeal deserves to be remanded to the file of the Learned CIT(A) in light of the decision of Hon’ble Jurisdictional High

SHRIMATI SHARDA KASLIWAL,INDORE vs. ASSISTANT COMMISSIONER OF INCOME TAX- CENTRAL (I), INDORE, INDORE

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

section 153(4) and the assessment orders passed in the case of the assessee are not time barred. 6.13 On going through the aforesaid provisions and the relevant judicial analysis in our opinion this ground of appeal deserves to be remanded to the file of the Learned CIT(A) in light of the decision of Hon’ble Jurisdictional High

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

153 referred to as the relevant assessment year) : Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall be taken under this section after the expiry of four years from the end of the relevant assessment year, unless any income

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

153 referred to as the relevant assessment year) : Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall be taken under this section after the expiry of four years from the end of the relevant assessment year, unless any income

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

153 referred to as the relevant assessment year) : Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall be taken under this section after the expiry of four years from the end of the relevant assessment year, unless any income

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

68 of the Act. However, looking to the nature of transactions, the ld.AO treated the same under “business income”. 8. In the appellate proceedings, the assessee reiterated submissions as were made during assessment proceedings. Besides, the assessee also contended that no incriminating documents were found and seized related to the assessment year under appeal. The AO while framing assessment under

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

68 of the Act. However, looking to the nature of transactions, the ld.AO treated the same under “business income”. 8. In the appellate proceedings, the assessee reiterated submissions as were made during assessment proceedings. Besides, the assessee also contended that no incriminating documents were found and seized related to the assessment year under appeal. The AO while framing assessment under

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

68 of the Act. However, looking to the nature of transactions, the ld.AO treated the same under “business income”. 8. In the appellate proceedings, the assessee reiterated submissions as were made during assessment proceedings. Besides, the assessee also contended that no incriminating documents were found and seized related to the assessment year under appeal. The AO while framing assessment under

PAWAN KUMAR CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

153 A without reference to incriminating seized material is not sustainable. 45. The jurisprudence regarding jurisdictional defect in assessment under section 153A /153C without reference to incriminating seized material has also been expounded by honourable Supreme Court in the case of Commissioner of Income Tax vs. Singhad technical education Society in civil appeal No. 11080 of 2017 and others

MANISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

153 A without reference to incriminating seized material is not sustainable. 45. The jurisprudence regarding jurisdictional defect in assessment under section 153A /153C without reference to incriminating seized material has also been expounded by honourable Supreme Court in the case of Commissioner of Income Tax vs. Singhad technical education Society in civil appeal No. 11080 of 2017 and others

ASHISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

153 A without reference to incriminating seized material is not sustainable. 45. The jurisprudence regarding jurisdictional defect in assessment under section 153A /153C without reference to incriminating seized material has also been expounded by honourable Supreme Court in the case of Commissioner of Income Tax vs. Singhad technical education Society in civil appeal No. 11080 of 2017 and others

MANISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

153 A without reference to incriminating seized material is not sustainable. 45. The jurisprudence regarding jurisdictional defect in assessment under section 153A /153C without reference to incriminating seized material has also been expounded by honourable Supreme Court in the case of Commissioner of Income Tax vs. Singhad technical education Society in civil appeal No. 11080 of 2017 and others

THE DCIT, (EXEMPTION) CIRCLE, BHOPAL vs. M/S. MAYANK WELFARE SOCIETY, BHOPAL

In the result, Revenue’s appeal for the AY 2013-14

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

153 ITR 579 (Cal)]. Profit and gains from incidental business [Section (4A)]: Where a trust or an institution is also carrying on any business activity, the provisions of Section 11)1), (2), (3) and (3A) regarding exemption etc. shall not apply in respect of income earned from such business activity. However, if such business is incidental

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION) CIRCLE BHOPAL, BHOPAL vs. MAYANK WELFARE SOCIETY, INDORE

In the result, Revenue’s appeal for the AY 2013-14

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

153 ITR 579 (Cal)]. Profit and gains from incidental business [Section (4A)]: Where a trust or an institution is also carrying on any business activity, the provisions of Section 11)1), (2), (3) and (3A) regarding exemption etc. shall not apply in respect of income earned from such business activity. However, if such business is incidental

AG-8 VENTURES LTD.,BHOPAL vs. ACIT, CENTRAL-1, BHOPAL

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

68,50,000/- made by the A.O. on account of unaccounted receipts. 3. On the fact and in the Circumstances of the case the Ld. CIT (A) has erred in deleting the addition of Rs. 54,62,000/- made by the A.O. on account of unexplained investment. 4. On the fact and in the Circumstance of the case