SHRI VINOD BHANDARI,INDORE vs. THE PR.CIT-1, INDORE

In the result appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Shri Vinod Bhandari, Pr. Cit(1), Indore 21- Gf, Bhandari House, Talkies, Scheme No.54, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) Pan No.Abnpb6240M Assessment Year: 2012-13

282 (SC) g. CIT v/s Ratlam Coal Ash Co., 171 ITR 141 (M.P) h. CIT v/s Arvind Jewellers, 259 ITR 502 (Guj.) i. CIT v/s Vodafone Essar South Ltd, 212 Taxmann 184 (Del.) j. CIT v/s Mehrotra Brothers, 270 ITR 157 (M.P) k. CIT v/s Shri Govindram Seksariya Cahrity Trust, 166 ITR 580 (M.P) l. Hari Iron Trading

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:

section 68 of the Income-Tax Act, 1961 and therefore, no addition is sustainable to the total income of the respondent firm on account of capital introduced by the partners. 1.5.5.1] The said documents as submitted during the course of appellate proceedings were also forwarded to the assessing officer for his comments. However, the assessing officer in his remand

THE DCIT, 1(1), INDORE vs. M/S. MODERN LABORATORIES, INDORE

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

Bench: Shri C.M.Garg & Shri O.P.Meenaआ.अ.सं./ ./ ./ I.T.A. No.277 & Co.16/Ind/2014 ./ "नधा"रण वष" /Assessment Year:2008-09

68 of the Act. 11. Being, aggrieved, the assessee filed an appeal before the Ld. CIT (A). During the course of appellate proceedings, confirmation letters, copy of acknowledgement of returns, copy of bank account of depositors, were filed which were forwarded to the AO for his comments. The CIT (A) noted that the AO has made three observation in remand

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

282(SC), Malbar Industries Co. Ltd. v. CIT 243 ITR 83 (SC); d. Since the Assessing Officer made proper enquiry and examined accounts, it could not be said that there was non-application of mind by him. Hence, the action under section 263 was held invalid. Antala Sanjay Kumar Raviji Bhai V. CIT 135 ITD 506 (Rajkot) (Trib.), Roshan

SWASTIK COAL CORPORATION (INDIA) LTD.,INDORE vs. THE ADDL. CIT RANGE-5, INDORE

In the result appeal of the assessee is allowed

Bench: Hon’Ble Madhumita Royassessment Year 2005-06

68 and Rs.4,49,316/- on account of expenditure disallowed on exempted income upon application of Rule 8D have been challenged before us. However, before arguing the matter on merit, the Ld. Counsel appearing for the assessee raised preliminary objection in regard to the serving of notice u/s 143(2) of the Act dated 31.08.2009 while initiating the assessment proceedings

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

section 68(1), the CIT(A)\nalso held that the receipt to the extent of Rs.42,01,80,700/- found credited\nin books of assessee of AY 2010-11 cannot be taxed in AY 2011-12, the\nsame needs to be added to the total income of assessee for AY 2010-11.\nBased on such conclusion

SHRI NITIN BOTHRA,INDORE vs. HE PCIT -1 INDORE, INDORE

Bench: Shri Chandra Mohan Garg & Shri B.M. Biyaniassessment Year: 2017-18 Shri Nitin Bothra Pr. Cit-1 बनाम/ Indore Indore Vs. (Appellant / Assessee) (Respondent / Revenue) Pan: Abqpb0064J Assessee By Shri Anil Kamal Garg, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 18.11.2022 Date Of Pronouncement 09.02.2023

68,69,69A, 69B 69C & 69D, the question of invoking the provisions of section 115BBE in his case could be completely out of question.” Ld. AR also relied upon the decision of ITAT Bangalore in ITA No. 466/Bang/2020 Sri Ashish Prasanna Kumar Jain L/R of BN Prasanna Kumar Vs. PCIT, Mysore dated 19-07-2022, a copy of which

SHRI PRAMOD KUMAR SETHI,INDORE vs. THE ACIT 3(1), INDORE

In the result appeal filed by the revenue being I

Bench: Shri Kul Bharat & Shri Manish Borad

282 (Del). Since appellant discharged initial onus, the onus shifted on revenue and there was no legal obligation on the appellant to produce directors of creditors before AO and if AO had any doubt about identity of share applicants despite their filing income tax returns, he could have summoned them as held in case of Victor Electrodes

THE ACIT, 3(1), INDORE vs. SHRI PRAMOD KUMAR SETHI, INDORE

In the result appeal filed by the revenue being I

Bench: Shri Kul Bharat & Shri Manish Borad

282 (Del). Since appellant discharged initial onus, the onus shifted on revenue and there was no legal obligation on the appellant to produce directors of creditors before AO and if AO had any doubt about identity of share applicants despite their filing income tax returns, he could have summoned them as held in case of Victor Electrodes

THE ACIT, 3(1), INDORE vs. SHRI PRAMOD KUMAR SETHI, INDORE

In the result appeal filed by the revenue being I

Bench: Shri Kul Bharat & Shri Manish Borad

282 (Del). Since appellant discharged initial onus, the onus shifted on revenue and there was no legal obligation on the appellant to produce directors of creditors before AO and if AO had any doubt about identity of share applicants despite their filing income tax returns, he could have summoned them as held in case of Victor Electrodes

SUPER LIFE REAL ESTATE DEVELOPERS PRIVATE LIMITED,INDORE vs. INCOME TAX OFFICER, INDORE

In the result, the appeal of the assessee bearing ITA No

Bench: Sh. Bagirath Mal Biyani & Sh. Udayan Das Gupta

68 of the Act 61). 4. The matter was carried in appeal before the Ld. CIT (A) NFAC, and the first appellate authority has dismissed the appeal for non-compliance of the assessee to various notices issued on at least ten (10) different dates of hearing, (as stated in page 2 and 3 of the appellate order), without adjudicating

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

ACIT (CENTRAL) , UJJAIN vs. M/S. ARIBA FOODS (P) LTD., INDORE

Bench: Justice P.P. Bhatt, Hon'Ble & Hon'Ble Manish Boradvirtual Hearing Assessment Year: 2016-17 M/S. Ariba Foods Pvt. Acit (Central), Vs. Ltd, 101, Gold Star Building, Ujjain Opp. Treasure Island, 5767 M.G. Road, Indore (Revenue ) (Appellant) Pan No.Aalca7223M Assessment Year: 2015-16 M/S. Vyanktesh Plastics Acit (Central), Vs. & Packaging Pvt. Ltd, 75/7-B, Industrial Area, Ujjain Maxi Road, Ujjain (Revenue ) (Appellant) Pan No.Aaacv6547J Assessment Year: 2011-12

282 451 651 sub-creditors A, , Ariba Foods Pvt. Ltd & Ors. confirming their 452 657 transactions A , with the lender 662 company , 667 , 671 , 674 25 Copies of 279 The sub- 445, The sub- 648 The sub-creditors Acknowledgme & creditor 450, creditors have , have shown nts of Income- 283 namely M/s. 451 shown 652 substantial Tax Returns of Vyanktesh

THE ACIT (CENTRAL), UJJAIN vs. M/S. VYANKTESH PLASTICS & PACKAGING (P) LTD., UJJAIN

Bench: Justice P.P. Bhatt, Hon'Ble & Hon'Ble Manish Boradvirtual Hearing Assessment Year: 2016-17 M/S. Ariba Foods Pvt. Acit (Central), Vs. Ltd, 101, Gold Star Building, Ujjain Opp. Treasure Island, 5767 M.G. Road, Indore (Revenue ) (Appellant) Pan No.Aalca7223M Assessment Year: 2015-16 M/S. Vyanktesh Plastics Acit (Central), Vs. & Packaging Pvt. Ltd, 75/7-B, Industrial Area, Ujjain Maxi Road, Ujjain (Revenue ) (Appellant) Pan No.Aaacv6547J Assessment Year: 2011-12

282 451 651 sub-creditors A, , Ariba Foods Pvt. Ltd & Ors. confirming their 452 657 transactions A , with the lender 662 company , 667 , 671 , 674 25 Copies of 279 The sub- 445, The sub- 648 The sub-creditors Acknowledgme & creditor 450, creditors have , have shown nts of Income- 283 namely M/s. 451 shown 652 substantial Tax Returns of Vyanktesh

THE ACIT (CENTRAL), UJJAIN vs. M/S. FAMOUS VANIJYA (P) LTD. , UJJAIN

Bench: Justice P.P. Bhatt, Hon'Ble & Hon'Ble Manish Boradvirtual Hearing Assessment Year: 2016-17 M/S. Ariba Foods Pvt. Acit (Central), Vs. Ltd, 101, Gold Star Building, Ujjain Opp. Treasure Island, 5767 M.G. Road, Indore (Revenue ) (Appellant) Pan No.Aalca7223M Assessment Year: 2015-16 M/S. Vyanktesh Plastics Acit (Central), Vs. & Packaging Pvt. Ltd, 75/7-B, Industrial Area, Ujjain Maxi Road, Ujjain (Revenue ) (Appellant) Pan No.Aaacv6547J Assessment Year: 2011-12

282 451 651 sub-creditors A, , Ariba Foods Pvt. Ltd & Ors. confirming their 452 657 transactions A , with the lender 662 company , 667 , 671 , 674 25 Copies of 279 The sub- 445, The sub- 648 The sub-creditors Acknowledgme & creditor 450, creditors have , have shown nts of Income- 283 namely M/s. 451 shown 652 substantial Tax Returns of Vyanktesh

SHRI DINESH KUMAR CHAUDHARY,GAROTH vs. THE ITO, MANDSAUR

In the result Ground No.3 of the assessee is

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year:2003-04 Dinesh Kumar Choudhary, Ito, Prop. Abhinav Traders Mandsaur बनाम/ C/O P. Mogra& Associates, Ca Vs. 203, M.D. Tower Near Janjirwalla Square Garoth (Appellant) (Revenue) P.A. No.Aaxpc8055G Appellant By S/Shri S.N. Agrawal & Pankaj Mogra Ca’S Revenue By Shrir.P. Morya, Sr. Dr Date Of Hearing: 29.06.2018 Date Of Pronouncement: 02.08.2018

68,420 3,282 43,385 1,48,258 1,83,120 1,29,712 5,85,155 3.1 Deleted by the Ld CIT[A] 54,200 65,500 82,800 NIL 3.2 Reference of CIT[A] order dt 18-04-13 10-05-16 18-04- 18-04- 2013 2013 Dinesh Kumar Choudhary ITA, No. 757/Ind/2016

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

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

68 respectively, there is net business loss amounting to Rs 5,52,61,171/-- and hence, the assessee did not have any positive business income so as to claim deduction u/s 35AC at Rs 8 Crores. The very transaction of giving Rs 8 Crores uls 35AC to some Private Medical University which is the same line of business i.e. running

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

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 143(3) of IT, Act, 1961 at Rs.3,17,71,700/- 5. Aggrieved assessee preferred an appeal before the ld. CIT(A) and partly succeeded as Ld. CIT(A) confirmed the disallowance u/s 14A of the Act at Rs.2,15,542/- and allowed the assessee’s claim of profit from purchase and sale of equity shares held