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40 results for “section 68”+ Section 256(2)clear

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Key Topics

Section 6868Section 10(38)45Addition to Income39Section 143(3)36Section 143(2)15Section 14715Long Term Capital Gains12Survey u/s 133A11Section 133A10

THE DCIT1(1), INDORE vs. SHRI RAVI ARORA, INDORE

ITA 212/IND/2020[2011-12]Status: DisposedITAT Indore31 Jul 2023AY 2011-12

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year:2011-12 Dcit-5(1), Shri Ravi Arora, Indore 1007, Khatiwala Tank, बनाम/ 236, Indraprasth Tower, 6, M.G. Road, Vs. Indore. (Revenue / Appellant) (Assessee / Respondent) Pan: Agdpa8921H Assessee By Shri Yash Kukreja, Ca & Shri Hitesh Chimnani, Adv & Ld. Ars Revenue By Shri P.K.Mishra, Cit Dr Date Of Hearing 04.05.2023 Date Of Pronouncement 31.07.2023

Section 143(2)Section 143(3)Section 40A(3)Section 68

256 ( or section 260A). Needless to say the orders passed by the Tribunal are binding on all the Revenue authorities functioning under the jurisdiction of the Tribunal.” 5.13 The Hon'ble M.P. High Court had also categorically stated that “obviously, the CIT(A) not only committed judicial impropriety but also erred in law in refusing to follow the order

AABHUSHAN,DHAMNOD, MADHYA PRADESH vs. ITO DHAR, DHAR

In the result, appeal of the assessee is allowed

Showing 1–20 of 40 · Page 1 of 2

Section 26310
Deduction10
Natural Justice10
ITA 344/IND/2023[AY 2017-18]Status: DisposedITAT Indore09 May 2024

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniaabhushan Dhamnod Ito, Dhar 1St Floor, Ganpati Market Ab Road Dhamnod Vs. Mp (Appellant / Assessee) (Respondent/ Revenue) Pan: Abgfa0812K Assessee By Shri Pranay Goyal & Shri S.N. Goyal, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 10.04.2024 Date Of Pronouncement 09.05.2024 O R D E R

Section 115BSection 142(1)Section 143(2)Section 68

256(1) of the Act in the case of Commissioner of Income Tax v Kishorilal Santoshilal13, and referring to the language used under Section 68 and various authorities on the point it was held that in this regard the following points are required to be noted:- "On the basis of the language used under section 68

ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL)-1, INDORE vs. SHRI RITESH JAIN, INDORE

ITA 794/IND/2018[2010-11]Status: DisposedITAT Indore12 Jan 2024AY 2010-11

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani & It(Ss)Ano.14/Ind/2022 (Assesssment Year 2011-12

Section 139Section 143(2)Section 147Section 148

256 ITR 423 (Gau.) in which it was held that the Tribunal may consider any new ground if facts are available on record. The additional ground is, therefore, admitted for deciding the appeal. 6.1. It is not in dispute that search was conducted in the case of the assessee and others on 11th October, 2010, therefore, the assessment year under

M/S. BHANDARI HOSPITAL AND RESEARCH CENTRE,INDORE vs. THE PR. CIT-1, INDORE

ITA 355/IND/2017[2012-13]Status: DisposedITAT Indore20 Mar 2020AY 2012-13

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 M/S Bhandari Hospital & Pr. Cit-(I) Research Centre, Gf-21 & Indore बनाम/ 22, Opp. Meghdoot Garden, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) P.A. No.Aadfb8151A

Section 131(1)(d)Section 143(3)Section 144ASection 263Section 35A

68,71,414 remuneration and [ITA No.355/Ind/2017] [Bhandari Hospital & Research Centre] interest to the partners Profit after excluding other income & 2,10,72,278 49,76,658 6,32,77,054 3,36,60,134 depreciation (D)={A-B+C} Profit ratio (D/A) 28.99% 4.70% 16.84% 12.65% Consequently the profit ratio is positive and is better than the immediately preceding

NAVIN KUMAR JAIN,INDORE vs. INCOME TAX OFFICER FACELESS ASSESSMENT CENTRE, INDORE

In the result, both appeals of the assessee are allowed

ITA 468/IND/2023[2013-14]Status: DisposedITAT Indore29 May 2024AY 2013-14

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 148

68,935.11 Garments Kasibugga 28/10/2013 Chandrika Jindal Market Jalna 19213 1,88,148.11 Fashion 28/10/2013 M.G. Road Dream 10128 1,98,276.11 Nandigama 28/10/2013 Kannika Near Ganesh 34782 2,33,058.11 Showroom Mandir Kannur By Hand 232000 30/10/2013 1,058.11 Nikunj Jain 11-08-2013 Vishvas Paras Marg, Nilanga 44338 45,396.11 Fashion 11-08-2013 Sindhur Main Road Hoskot

NAVIN KUMAR JAIN,INDORE vs. ITO ACIT DYCIT FACELESS ASSESSMENT, INDORE

In the result, both appeals of the assessee are allowed

ITA 469/IND/2023[2014-15]Status: DisposedITAT Indore29 May 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 148

68,935.11 Garments Kasibugga 28/10/2013 Chandrika Jindal Market Jalna 19213 1,88,148.11 Fashion 28/10/2013 M.G. Road Dream 10128 1,98,276.11 Nandigama 28/10/2013 Kannika Near Ganesh 34782 2,33,058.11 Showroom Mandir Kannur By Hand 232000 30/10/2013 1,058.11 Nikunj Jain 11-08-2013 Vishvas Paras Marg, Nilanga 44338 45,396.11 Fashion 11-08-2013 Sindhur Main Road Hoskot

M/S INDUSTRIAL FILTERS & FABRICS PRIVATE LIMITED,INDORE vs. THE ACIT-2(1), INDORE

In the result, the appeals filed by the assessee

ITA 293/IND/2016[2012-13]Status: DisposedITAT Indore23 Aug 2018AY 2012-13

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

Section 133(6)Section 143(3)Section 68

68 of the Income Tax Act, 1961 of Rs.25,00,000/- alleging the same as unexplained share application money. It is submitted that the said amount of Rs.25,00,000/- was properly explained and on the facts and in the circumstances of the case, the addition is wrong and not in accordance with law. It is therefore, prayed that

M/S INDUSTRIAL FILTERS & FABRICS PRIVATE LIMITED,INDORE vs. THE ACIT 2(1), INDORE

In the result, the appeals filed by the assessee

ITA 752/IND/2016[2007-08]Status: DisposedITAT Indore23 Aug 2018AY 2007-08

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

Section 133(6)Section 143(3)Section 68

68 of the Income Tax Act, 1961 of Rs.25,00,000/- alleging the same as unexplained share application money. It is submitted that the said amount of Rs.25,00,000/- was properly explained and on the facts and in the circumstances of the case, the addition is wrong and not in accordance with law. It is therefore, prayed that

M/S INDUSTRIAL FILTERS & FABRICS PVT.LTD.,INDORE vs. THE JCIT, R-5 (PRESENT AO: DCIT 2(1), INDORE

In the result, the appeals filed by the assessee

ITA 961/IND/2016[2011-12]Status: DisposedITAT Indore23 Aug 2018AY 2011-12

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

Section 133(6)Section 143(3)Section 68

68 of the Income Tax Act, 1961 of Rs.25,00,000/- alleging the same as unexplained share application money. It is submitted that the said amount of Rs.25,00,000/- was properly explained and on the facts and in the circumstances of the case, the addition is wrong and not in accordance with law. It is therefore, prayed that

M/S INDUSTRIAL FILTERS AND FABRICS PVT. LTD.,INDORE vs. THE ADDL. CIT- RANGE-5, INDORE

In the result, the appeals filed by the assessee

ITA 484/IND/2012[2008-09]Status: DisposedITAT Indore23 Aug 2018AY 2008-09

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

Section 133(6)Section 143(3)Section 68

68 of the Income Tax Act, 1961 of Rs.25,00,000/- alleging the same as unexplained share application money. It is submitted that the said amount of Rs.25,00,000/- was properly explained and on the facts and in the circumstances of the case, the addition is wrong and not in accordance with law. It is therefore, prayed that

M/S INDUSTRIAL FILTERS & FABRICS PRIVATE LIMITED,INDORE vs. THE ACIT 2(1), INDORE

In the result, the appeals filed by the assessee

ITA 753/IND/2016[2008-09]Status: DisposedITAT Indore23 Aug 2018AY 2008-09

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

Section 133(6)Section 143(3)Section 68

68 of the Income Tax Act, 1961 of Rs.25,00,000/- alleging the same as unexplained share application money. It is submitted that the said amount of Rs.25,00,000/- was properly explained and on the facts and in the circumstances of the case, the addition is wrong and not in accordance with law. It is therefore, prayed that

M/S INDUSTRIAL FILTERS AND FABRICS PVT. LTD.,INDORE vs. THE ACIT 5(1), INDORE

In the result, the appeals filed by the assessee

ITA 404/IND/2012[2007-08]Status: DisposedITAT Indore23 Aug 2018AY 2007-08

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

Section 133(6)Section 143(3)Section 68

68 of the Income Tax Act, 1961 of Rs.25,00,000/- alleging the same as unexplained share application money. It is submitted that the said amount of Rs.25,00,000/- was properly explained and on the facts and in the circumstances of the case, the addition is wrong and not in accordance with law. It is therefore, prayed that

M/S INDUSTRIAL FILTERS & FABRICS PRIVATE LIMITED,INDORE vs. THE ACIT 2(1), INDORE

In the result, the appeals filed by the assessee

ITA 754/IND/2016[2009-10]Status: DisposedITAT Indore23 Aug 2018AY 2009-10

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

Section 133(6)Section 143(3)Section 68

68 of the Income Tax Act, 1961 of Rs.25,00,000/- alleging the same as unexplained share application money. It is submitted that the said amount of Rs.25,00,000/- was properly explained and on the facts and in the circumstances of the case, the addition is wrong and not in accordance with law. It is therefore, prayed that

THE ACIT, CIRCLE 2(1), INDORE vs. DR. SHRI RAJEEV CHAUDHARY, INDORE

In the result, the appeal of the revenue is allowed and cross objection of the assessee is partly allowed

ITA 293/IND/2012[2008-09]Status: DisposedITAT Indore10 Jan 2019AY 2008-09

Bench: Hon'Ble I Kul Bharat & Hon'Ble Manish Boradassessment Year 2008-09 Pan : Abkpc5729K Assistant Commissioner Of V/S Dr.Rajeev Choudhary Income Tax, 1, Shiv Vilas Palace Circle-2(1), Indore Indore

Section 147Section 14A

68,793 (-)5,03,234 7,98,900 Statement regarding professional income short term gain and investment in shares during the years relevant to A.Y. 2003-04 to A.Y. 2008-09. S.No. A.Y Professional Income from Investment in Income(Rs.) Shares shares (Rs.) (STCG)(Rs.). 1 2203-04 61,04,167 (-)49,13,018 78,34,600 2

THE ACIT, -2(1), BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

ITA 159/IND/2015[2010-11]Status: DisposedITAT Indore17 Oct 2024AY 2010-11
Section 143(2)Section 143(3)Section 80Section 801B(10)Section 80I

68,13,834 raising Ground No. 3 of A.Y. 2008-09, Ground No. 3 of A.Y.\n2009-10 and Ground No. 10 of A.Y. 2011-12 respectively.\nAt the first instance, we observe that learned Assessing office has not referred\nto any incriminating material found during the course of search u/s.132 of\nthe Act to establish disallowance of deduction

ACIT CENTRAL-2 INDORE, INDORE vs. SHRI .GAURAV TEKRIWAL, INDORE

In the result, this appeal of Revenue is dismissed

ITA 62/IND/2021[2015-16]Status: DisposedITAT Indore21 Nov 2022AY 2015-16

Bench: Ms. Madhumita Roy & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2015-16 Acit, Central -2 Shri Gaurav Tekriwal Indore बनाम/ 204, Princess Valley, South Tukoganj, Indore Vs. (Appellant / Revenue) (Respondent / Revenue) Pan: Acppt 1628 Q Assessee By Shri Anil Kamal Garg, Arpit Gaur, Ars Revenue By Shri P.K. Mitra, Cit-Dr Date Of Hearing 21.09.2022 Date Of Pronouncement 21.11.2022

Section 143(2)Section 143(3)Section 2Section 54FSection 55(2)(a)Section 57

68 to 77, appellant has filed a copy of his written submission dated 20/12/2017 which was filed by him before the AO for establishing the nature of the receipt of the amount of Rs 3,25,00,000/-. Further, at page no. 78 to 80, the appellant has furnished one Page 9 of 38 Shri Gaurav Tekriwal Assessment year

RAKESH BHOJANI,SIYAGANJ INDORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE -4(1), INDORE, CGO COMPLEX

Appeal is allowed

ITA 811/IND/2024[2017-18]Status: DisposedITAT Indore27 Feb 2025AY 2017-18
Section 143(2)Section 143(3)Section 68

Section 68 to\nthe satisfaction of the Assessing Officer and subsequently also in the\nappellate proceedings. The mere mention the financials of the investor was\nnot sufficient to discharge the onus u/s 68 of the Income Tax Act. Hence, the\nonus to establish the creditworthiness of the investor companies was not\ndischarged and the entire transaction was bogus

ACIT (CENTRAL) , UJJAIN, UJJAIN vs. M/S GLOBUS HOUSING PVT. LTD., BHOPAL

In the result, appeal of the revenue is dismissed

ITA 615/IND/2018[2012-13]Status: DisposedITAT Indore25 Jul 2023AY 2012-13

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniacit (Central) M/S. Globus Housing Pvt. Ltd. 176, Zone-Ii, First Floor, M.P. Ujjain Vs. Nagar, Bhopal (Appellant / Revenue) (Respondent/ Assessee) Pan: Aaecg 0623 J Revenue By Shri P.K. Mishra, Cit-Dr Respondent By Shri Hitesh Chimnani & Yash Kukreja, Ars Date Of Hearing 20.07.2023 Date Of Pronouncement 25.07.2023

Section 68

2 of 20 Globus Housing Pvt. Ltd. Page 3 of 20 said sum was paid initial as contribution on behalf of the joint venture partners and subsequently Shri Ujjwal Singh Bhatija received a sum of Rs.22 lac from M/s Rishi Construction which was then advance to the assesse company. The AO noted that initially the amount of Rs.44

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

ITA 95/IND/2018[2008-09]Status: DisposedITAT Indore04 Oct 2021AY 2008-09

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

256 ITR 1 (Del) observed at page no. 15 that “it is well settled principle of law that what cannot be done directly cannot be done indirectly”. 3.02 On the similar issue, the Hon’ble ITAT Mumbai in the case of Shri Mohan Thakur vs. ACIT 2020 (1) TMI 558 (ITAT Mumbai) has held that the proceedings under s.153C have

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

ITA 94/IND/2018[2009-10]Status: DisposedITAT Indore04 Oct 2021AY 2009-10

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

256 ITR 1 (Del) observed at page no. 15 that “it is well settled principle of law that what cannot be done directly cannot be done indirectly”. 3.02 On the similar issue, the Hon’ble ITAT Mumbai in the case of Shri Mohan Thakur vs. ACIT 2020 (1) TMI 558 (ITAT Mumbai) has held that the proceedings under s.153C have