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

68. The judgements are respectfully distinguished as it has clearly been held in the preceding discussion that further enquiries are required to be made to ascertain the creditworthiness and genuineness of the companies. M/s. Radheshwari Developers Pvt. Ltd. The assessee has also submitted that the loans have been repaid through proper banking channel. The submission has no relevance

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

211 ITR 293 (Guj.)]. Where the amount was given with specific direction for construction of Wadi, it shall be treated as having been for corpus. [CIT v Sthanakvasi Vardhman Vanik Jain Sangh (2003) 260 ITR 366 (Guj.)]. Treatment of corpus donations: Corpus donations cannot be treated as income in view of the exception under section 12, so that such

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

211 ITR 293 (Guj.)]. Where the amount was given with specific direction for construction of Wadi, it shall be treated as having been for corpus. [CIT v Sthanakvasi Vardhman Vanik Jain Sangh (2003) 260 ITR 366 (Guj.)]. Treatment of corpus donations: Corpus donations cannot be treated as income in view of the exception under section 12, so that such

SHRI VARAD MEHTA,BHOPAL vs. THE DCIT 1(1), BHOPAL

In the result appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year 2008-09 Shri Varad Mehta, Dcit 1(1), B-4/301, Paras City, Vs. Bhopal Arera Colony, Bhopal (Appellant) (Respondent ) Pan No.Aflpm6733Q Revenue By Shri Rajeeb Jain, Sr.Dr Assessee By Shri Girish Agrawal,Ca Date Of Hearing 27.11.2018 Date Of Pronouncement 06.12.2018 O R D E R

211 - order dated 08.02.2005 - HEAD NOTE - Section 271(1)(c), read with section 68, of the Income-tax Act, 1961 - Penalty

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

Section 115BBE in respect of additions made in A.Y. 2017-18 and A.Y. 2018-19 5. Since the common issues are involved in various assessment years, it would be appropriate to adjudicate the various grounds taken by the assessee and the revenue in their cross-appeals for the subject assessment years, through this common Order. We will first take

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

Section 115BBE in respect of additions made in A.Y. 2017-18 and A.Y. 2018-19 5. Since the common issues are involved in various assessment years, it would be appropriate to adjudicate the various grounds taken by the assessee and the revenue in their cross-appeals for the subject assessment years, through this common Order. We will first take

M/S ASHOKA HI-TECH BUILDERS P. LTD.,INDORE vs. THE DCIT (CENTRAL)-1, INDORE

In the result Ground No.1 and 2 of the assessee’s appeal for A

Bench: Shri Kul Bharat & Shri Manish Borad

68. All the acts and deeds in respect of the project including but not limited to construction of buildinq, obtaining approvals from authorities, dealing with customers, issuing allotment letters and receiving payment as per schedule are being undertaken by M/ s. JSM Devcon Private Limited and the assessee Is not required to perform any activity in the process. That

DCIT 5 (1), INDORE vs. M/S SANVERWALA JEWELLERS PVT. LTD, INDORE

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year:2012-13 Dcit-5(1) M/S. Sanverwala Jewellers Pvt. Indore Ltd. बनाम/ 12, Chhota Sarafa Vs. Indore (Appellant) (Revenue ) P.A. No.Aaocs7650K Appellant By Shri Rajeeb Jain, Sr. Dr Respondent By S/Shri S.N. Agrawal & Bhavesh Agrawal, Ars Date Of Hearing: 22.06.2021 Date Of Pronouncement: 22.09.2021 आदेश / O R D E R Per Manish Borad, A.M:

68 of the Act. In cases of share application / share capital prior to the insertion of the explanation the appellant company needs to prove identity of the share applicant only. However, in the present case in hand the appellant has not only proved the identity of the share applicants but also proved the creditworthiness of the share applicant and genuineness

SHRI KRISHNA MOHAN CHOURSIYA, RAJGARH vs. ITO, RAJGARH

In the result, the assessee’s appeal i

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year: 2014-15

211 ITR 897 (MAD.) has held that: ITA No.853 of 2017 10 Krishna Mohan Chourasia “ _____________Even as regards the second question, it is seen that under section 2(14) of the Income-tax Act, 1961, the exclusion of agricultural land as capital asset, would be applicable to land within the limits of a municipality and not a panchayat

M/S. S.R. FERRO ALLOYS,JHABUA vs. THE PCIT, BHOPAL

In the result, the appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanis.R. Ferro Alloys Pr. Cit, Central 9, Siddheswar Colony Bhopal Vs. Jhabua (Appellant / Assessee) (Revenue) Pan: Abhfs7377Q Appellant By Shri Sumit Nema, Sr. Adv. & Gagan Tiwari, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 12.10.2023 Date Of Pronouncement 09.11.2023

Section 263 of the Act. In such matters, to remand the matter/issue to the Assessing Officer would imply and mean the CIT has not examined and decided whether or not the order is erroneous but has directed the Assessing Officer to decide the aspect/question. 17. This distinction must be kept in mind by the CIT while exercising jurisdiction under

SHRI PRABHAT SOJATIA,INDORE vs. THE ACIT 2(1), INDORE

In the result, the appeal of the assessee is partly allowed

Bench: Shri Kul Bharat & Shri Manish Borad

section 50C of the Act of Rs.35,46,018/-. The A.O. made addition of Rs.3,70,000/- in respect of the loans taken from his children. Further, the A.O. made disallowance of interest paid on term loan of Rs.9,38,756/-, disallowance of agricultural income of Rs.2 lakhs, cash deposited in the bank of Rs.7 lakhs, purchase of shares

SHRI SUNIL SOJATIA,INDORE vs. THE ACIT CIRCLE -2(1), INDORE

In the result, the appeal of the assessee is partly allowed

Bench: Shri Kul Bharat & Shri Manish Borad

section 50C of the Act of Rs.35,46,018/-. The A.O. made addition of Rs.3,70,000/- in respect of the loans taken from his children. Further, the A.O. made disallowance of interest paid on term loan of Rs.9,38,756/-, disallowance of agricultural income of Rs.2 lakhs, cash deposited in the bank of Rs.7 lakhs, purchase of shares

ASSISTANT COMMISSIONER OF INCOME TAX, RATLAM vs. SHRI SURESH CHAND JAIN, MEGHNAGAR DIST. JHABUA

In the result, the appeal filed by the revenue for A

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani & Acit 5(1) Shri Suresh Chand Jain Indore 99, Thandla Road, Vs. Meghnagar,Jhabua (Appellant / Revenue) (Respondent/ Assessee) Pan:Aezpj 2697F Revenue By Shri P.K. Mishra, Cit-Dr Respondent By None Date Of Hearing 09.08.2023 Date Of Pronouncement 12 .09.2023

section 194C are not applicable. Accordingly we do not find any error or illegality in the impugned order of the Ld. CIT(A) qua this issue. 9. Ground no.4 is regarding the disallowance of interest from loan to relatives. 9.1 Ld. DR has submitted that the assesse has given interest free loan/advances of Rs.76,93,211/- to relatives

ASSISTANT COMMISSIONER OF INCOME TAX, RATLAM, RATLAM vs. SHRI SURESH CHAND JAIN, JHABUA

In the result, the appeal filed by the revenue for A

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani & Acit 5(1) Shri Suresh Chand Jain Indore 99, Thandla Road, Vs. Meghnagar,Jhabua (Appellant / Revenue) (Respondent/ Assessee) Pan:Aezpj 2697F Revenue By Shri P.K. Mishra, Cit-Dr Respondent By None Date Of Hearing 09.08.2023 Date Of Pronouncement 12 .09.2023

section 194C are not applicable. Accordingly we do not find any error or illegality in the impugned order of the Ld. CIT(A) qua this issue. 9. Ground no.4 is regarding the disallowance of interest from loan to relatives. 9.1 Ld. DR has submitted that the assesse has given interest free loan/advances of Rs.76,93,211/- to relatives

SMT. SHWETA AGRAWAL,INDORE vs. THE PR. CIT-2, INDORE

In the result, appeal filed by the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year:2014-15

211 (Mad Income-tax Officer, Ward- VII(2), Chennai During relevant year, assessee made cash payments to suppliers of crackers _ Without examining details "f expenditure involved, Assessing Officer allowed said payments - Commissioner found that assessee had made cash payments in excess of Rs. 20,000 to some suppliers on day-today basis _ He thus passed a revisional order disallowing said

SHRI GOPAL KRISHNA SONI,MANDSAUR vs. COMMISSIONER OF INCO ME-TAX , RATLAM

In the result appeal of the assessee for Assessment Years 2000-01 is

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

68,498/- has been offered to tax for Assessment Year 2001-02 and 2002-03 respectively. Ld. A.O while conducting the assessment proceedings made specific observations that various incriminating material including loose papers 15 Gopala Krishna Soni ITA No.712 to 714/Ind/2017 and slips containing transactions of purchases, sale, expenses, detail of creditors were found but assessee failed to corroborate them

SHRI GOPAL KRISHNA SONI,MANDSAUR vs. ASSTT.COMMISSIONER OF INCOME TAX, RATLAM

In the result appeal of the assessee for Assessment Years 2000-01 is

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

68,498/- has been offered to tax for Assessment Year 2001-02 and 2002-03 respectively. Ld. A.O while conducting the assessment proceedings made specific observations that various incriminating material including loose papers 15 Gopala Krishna Soni ITA No.712 to 714/Ind/2017 and slips containing transactions of purchases, sale, expenses, detail of creditors were found but assessee failed to corroborate them

SHRI GOPAL SONI,MANDSAUR vs. ADDLL. CIT , RATLAM

In the result appeal of the assessee for Assessment Years 2000-01 is

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

68,498/- has been offered to tax for Assessment Year 2001-02 and 2002-03 respectively. Ld. A.O while conducting the assessment proceedings made specific observations that various incriminating material including loose papers 15 Gopala Krishna Soni ITA No.712 to 714/Ind/2017 and slips containing transactions of purchases, sale, expenses, detail of creditors were found but assessee failed to corroborate them

MAA NARMADA AGROTECH AND INFRASTURES LTD,INDORE vs. THE PCIT-1 , INDORE

In the result, appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanimaa Narmada Agrotech & Pcit Infrastructures Limited Indore -1 Ug-47, Trade Centre, Vs. Kanchan Bagh Main Road, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aafcm6285 P Assessee By Shri S.N. Goyal & Shri Pranay Goyal, Ars Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 31.05.2023 Date Of Pronouncement 11.07.2023

68,400/- 03. On examination of the assessment records, following discrepancies are noticed Page 7 of 29 Maa Narmada Agrotech and Infratures Ltd. Page 8 of 29 03.1 On examination of the case records, it was found that as per 26AS of the assessee for the period under consideration, the total receipts of the assessee