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 liable to deleted. The ld.CIT(A) in turn deleted the same, by holding that no incriminating documents/evidences in respect of these loans were found during the course of search and those additions were outside the purview of section 153A. Therefore, since the loans taken were found to be genuine, disallowance of interest on such loans was not valid

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 liable to deleted. The ld.CIT(A) in turn deleted the same, by holding that no incriminating documents/evidences in respect of these loans were found during the course of search and those additions were outside the purview of section 153A. Therefore, since the loans taken were found to be genuine, disallowance of interest on such loans was not valid

ACIT-1(1), INDORE, INDORE vs. SANJAY LADDHA, INDORE

3) of the Act\nand entire cash deposits of Rs.3,21,80,200/- made by the assessee as per\nthe table mentioned above is treated as unexplained cash credit not related\nto business of the assessee. Hence, an addition of Rs.3,21,80,200/- is being\ndone by invoking section 68

INCOME TAX OFFICER-1(2), INDORE, INDORE vs. DIVINE INFRACREATION AND TRADING PRIVATE LIMITED, MUMBAI

Accordingly quash the assessment-order made by AO.\nThe assessee's ground is allowed

3) after making certain additions, one among them was an addition of\nRs.48,47,22,100/- u/s 68 on account of unexplained share capital\n(including share premium). Aggrieved by addition, the assessee carried\nmatter in first-appeal before CIT(A). The CIT(A), vide his order dated\n09.04.2019, deleted the addition on merit. At the same time

THE DCIT, 2(1), INDORE vs. M/S. CENTURE 21 MALL PVT. LTD., INDORE

In the result, all appeals of the Revenue are dismissed, while all appeals of the assessee are allowed

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

3 2010-11 Rs.15,66,11,135/- 4 2011-12 Rs.5,87,60,300/- 6. From the above, the ld.AO has noticed that entries found in the pendrive were not recorded in the books of accounts except bank transactions, and that all the cash entries found in the tally data found in the pendrive were not being recorded or accounted

THE DCIT-2(1), INDORE vs. M/S. CENTURY 21 MALL (P) LTD., INDORE

In the result, all appeals of the Revenue are dismissed, while all appeals of the assessee are allowed

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

3 2010-11 Rs.15,66,11,135/- 4 2011-12 Rs.5,87,60,300/- 6. From the above, the ld.AO has noticed that entries found in the pendrive were not recorded in the books of accounts except bank transactions, and that all the cash entries found in the tally data found in the pendrive were not being recorded or accounted

M/S CENTURY 21 MALLS P. LTD.,INDORE vs. THE ACIT 2(1), INDORE

In the result, all appeals of the Revenue are dismissed, while all appeals of the assessee are allowed

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

3 2010-11 Rs.15,66,11,135/- 4 2011-12 Rs.5,87,60,300/- 6. From the above, the ld.AO has noticed that entries found in the pendrive were not recorded in the books of accounts except bank transactions, and that all the cash entries found in the tally data found in the pendrive were not being recorded or accounted

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

200 ÷ 3,83,080). Ld. AR submitted that the premium of Rs. 990/- received by assessee in preceding AY has been accepted by department without any objection. Therefore, the AO is wrong in raising objection in current year. Without prejudice, Ld. AR submitted that neither the assessee is obligated to explain fair value for section 68

BARKHA KHANDELWAL,AGGRIEVED ASSESSEE,INDORE vs. INCOME TAX OFFICER-3(1),INDORE, INDORE

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

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanismt. Barkha Khandelwal Ito -3(1) Aggrieved Assesse Indore 1108, Pinnacle D Dreams, Tower -1 Vs. Near Bhawan Prominent School Pipliyakumar, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Ajnpk4150B Assessee By Shri Rakesh Gupta, Ar Revenue By Shri Ram Kumar Yadav, Cit-Dr Date Of Hearing 12.09.2024 Date Of Pronouncement 20 .09.2024

68, is bad in law and against the facts and circumstances of the case and the same is not sustainable on various legal and factual grounds. Page 3 of 13 ITANo.85/Ind/2024 Barkha Khandelwal 13. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in not reversing the action

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

section 12A - list of honors submitted Incomplete details of donors does not mean donations are unaccounted money - Addition oj Donations as cash credit and denying benefit not justified - Income-tax Act, 1961, ss. 11, 12A, 68." 3.14 As decided in the cases of Vaishnavi Educations Society vs Deputy Commissioner of Income Tax ITAT Hyderabad Tribunal {B} {20l5

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

section 12A - list of honors submitted Incomplete details of donors does not mean donations are unaccounted money - Addition oj Donations as cash credit and denying benefit not justified - Income-tax Act, 1961, ss. 11, 12A, 68." 3.14 As decided in the cases of Vaishnavi Educations Society vs Deputy Commissioner of Income Tax ITAT Hyderabad Tribunal {B} {20l5

ASHISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

3,91,55,000/- under section 68 of the Act in respect of share application money and addition of ₹ 11,24,964/- under section 14A made by the assessing officer without appreciating the fact that the decision of continental warehousing corporation & the decision in the case of All Cargo Global Logistics have not been accepted by the department

MANISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

3,91,55,000/- under section 68 of the Act in respect of share application money and addition of ₹ 11,24,964/- under section 14A made by the assessing officer without appreciating the fact that the decision of continental warehousing corporation & the decision in the case of All Cargo Global Logistics have not been accepted by the department

PAWAN KUMAR CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

3,91,55,000/- under section 68 of the Act in respect of share application money and addition of ₹ 11,24,964/- under section 14A made by the assessing officer without appreciating the fact that the decision of continental warehousing corporation & the decision in the case of All Cargo Global Logistics have not been accepted by the department

MANISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

3,91,55,000/- under section 68 of the Act in respect of share application money and addition of ₹ 11,24,964/- under section 14A made by the assessing officer without appreciating the fact that the decision of continental warehousing corporation & the decision in the case of All Cargo Global Logistics have not been accepted by the department

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

3% of total transaction of Rs.6661579/- is worked out at Rs.199847/-. Since, assessee has not disclosed this amount in his return of income, therefore, considering the facts as discussed above, the commission amount of Rs.199847/- is hereby added to the assessee’s total income as unexplained expenditure incurred out of income from undisclosed sources

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

3) surplus advanced advance (1) and to assessee (5) to surplus investible (1+2+3)=(4) (5) surplus (2) (6) expressed in (%) terms 1,00,000 25,878 19,50,33,480 19,51,58,958 200,00,000 10.24% 6.7.5 It has been argued that, it is clear from the above table shows that the lender company

M/S RADHISHWARI DEVLOPERS P LTD,INDORE vs. PR CIT -2 INDORE, INDORE

In the result, Assessee’s appeal in ITANo

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing Assessment Year 2013-14 M/S. Radhishwari Developers P. Ltd. (Now Known As R.C. Warehousing Pvt. Ltd. ) Indore : Appellant Pan :Aafcr1916A V/S Pr. Cito-2 : Respondent Indore Appellant By S/Shri Sumit Nema Sr. Adv. With Gagan Tiwari & Piyush Parashar Advs. Revenue By Shri S.S. Mantri, Cit-Dr Date Of Hearing 24.05.2021 Date Of Pronouncement 20.07.2021

section 143(3) of the Act M/s. Radheshwari Developers Pvt. Ltd. and no adverse view has been taken by the revenue authorities in the assessment order so passed. All the cash creditors are having sufficient funds to give loan to the assessee. They are having sufficient share capital, share premium and reserves & surplus and also carrying out regular business

ACIT CENTRAL-2, INDORE vs. M/S MAYUR INDUSTRIES, FATEPUR

In the result, appeal filed by the Revenue is dismissed

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyaniit(Ss)A No.212/Ind/2021 (Assessment Year: 2018-19) Vs. Acit, Central-2, M/S. Mayur Industries, Indore Khandwa "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abefm 4664 K (Appellant) .. (Respondent) Revenue By : Shri P. K. Mishra, Cit.D.R. Shri S.N. Agrawal, Ca Assessee By : 19.12.2022 Date Of Hearing Date Of Pronouncement 15.03.2023 O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal Filed By The Revenue Is Directed Against The Order Dated 26.08.2021 Passed By The Ld. Cit(A)-3, Bhopal (M.P.) (Hereinafter Referred To As ‘Ld. Cit(A)’) Arising Out Of The Order Dated 30.12.2019 Passed By The Dcit (Central)-2, Indore (Hereinafter Referred To As ‘Ld. Ao’) Under Section 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For Assessment Year (Hereinafter Referred To As ‘A.Y.’) 2018-19 With The Following Ground:

3 Rajendra Bansal [PAN: ABSPB5125E] – Capital of Rs. 43,29,379/- introduced during the year 3.1 Confirmation of accounts 64 3.2 Relevant pages of bank statement duly highlighting the amount of capital 65-68 introduced 3.3 Acknowledgement of income-tax return along with computation of income 69-71 for the Assessment Year 2018-19 3.4 Capital account in the books