M/S SUPREMO INDIA LTD ,INDORE vs. THE AIT CENTRAL 3, INDORE

In the result, appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S. Supremo India Pvt. Ltd. Acit Central-3 400/2, Halka Patwari No.52 Indore Vs. Badiakeema Dudhiya, B.O. Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aafcs 9822 C Assessee By Shri S.S. Solanki, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 01.05.2023 Date Of Pronouncement 07.06.2023

68. The word ‘valuable’ has been defined in Black’s Law Dictionary as follows: - “Valuable adjective. Worth a good price; having financial or market value.” 69. The word ‘valuable’ has been defined in the Concise Oxford Dictionary as follows: - The word ‘valuable’ has been defined as again an adjective. “worth a great deal of money. Very useful or important

ASSISTANT COMMISSIONER OF INCOME TAX, INDORE vs. COMMANDER INDUSTRIES PRIVATE LIMITED, INDORE

In the result, the appeal of the revenue and CO of assessee are dismissed

section 32(1) of the Act. Further, it is not open to the AO to try to evade from the binding effect of a Supreme Court decision by trying to find out 'distinguishing features'. Accordingly, 1 hereby direct the AO to delete the addition of Rs.7,30,26,302/- made by disallowing the depreciation u/s.32 of the Act. Hence

ACIT 5 (1), BHOPAL vs. M/S VINDHYA SOLVENT PVT. LTD., BHOPAL

In the result, Revenue’s appeal is dismissed

Bench: Ms. Madhumita Roy& Shri Bhagirath Mal Biyani

section 68 merely because the creditors have not been paid in full is legally unjustified. 9.7 Hon'ble Calcutta High Court in the case of CIT v. S.C. Ghosal ([1977] 106 ITR 980), based on evidences such as existence of creditors, assessment file number of creditors and the confirmation received from the creditor, upheld the order of the Tribunal

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

section 68 is applicable to non- genuine liabilities credited in the books of account too and such a proposition has been upheld by ITAT Lucknow Bench in the case of DCIT Vs Allied Leather Finishers (P) Ltd. 32

THE ITO 2 (1) INDORE, INDORE vs. M/S HI LINK CITY HOMES 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 City Homes Indore Pvt. Ltd. बनाम/ 06, Sadhna Nagar, Vs. Airport Road, Indore (Appellant / Revenue) (Respondent / Assessee) Pan: Aacch5920K 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

section 68 is applicable to non- genuine liabilities credited in the books of account too and such a proposition has been upheld by ITAT Lucknow Bench in the case of DCIT Vs Allied Leather Finishers (P) Ltd. 32

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

In the result, appeal of the assessee is allowed

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 68 of the Act. Accordingly, we of the considered opinion that there was no justification for making addition to the total income of the assessee on account of capital introduced by its partners since the assessee duly justified the identity and creditworthiness of the partners as well as genuineness of the transactions as entered into with them

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

section 68 is very much illegal. Ld. DR for assessee has though relied upon statements of Shri Anand Sharma and the observations made by AO in various paras of assessment-order (as narrated by us in foregoing paras of this order) but, however, could not controvert these vital points as noted by us. Page 27 of 44 M/s Decent

TYHE ITO-4(5), INDORE vs. M/S. URVASHI WORLD WIDE P. LTD., INDORE

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyaniassessment Year: 2012-13

section 68 of the Act for making the addition in the hands of the assessee. The ld. CIT-DR vehemently pointed out that the ld.CIT(A) has granted 3 relief to the assessee without any basis and justified reason. Therefore, the impugned first appellate order may kindly be set aside and the order of the AO may be restored

THE ACIT, 4(1), INDORE vs. SHRI SANJAY LUNAWAT, INDORE

Bench: Shri Rajpal Yadav, Vice- & Shri Manish Boradvirtual Hearing Assessment Year 2010-11

32,13,640/- as income of the appellant under Section 68 of the Act. It is observed from the details

INCOME TAX OFFICER INDORE 5(1), INDORE vs. UMANG DEVELOPERS, INDORE

Appeals are dismissed

section 68 of the 1.T. Act.\"\n57. The AO has made this addition in Para 7 of assessment-order under\nthe hearing “Introduction of Capital”. The AO has noted the inferences\ngathered by him from Capital A/cs of 7 partners of assessee-firm and\nultimately made an addition of Rs.4,05,38,902/- [this figure is stated

INCOME TAX OFFICER 5(1), INDORE vs. UMANG DEVELOPERS, INDORE

Appeals are dismissed

section 68 of the 1.T. Act.\"\n57. The AO has made this addition in Para 7 of assessment-order under\nthe hearing “Introduction of Capital”. The AO has noted the inferences\ngathered by him from Capital A/cs of 7 partners of assessee-firm and\nultimately made an addition of Rs.4,05,38,902/- [this figure is stated

THE ACIT-5(1), INDORE vs. M/S. SUNDERDEEP CONSTRUCTION PVT. LTD., INDORE

In the result all the grounds raised by the Revenue are

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Boradassessment Year 2012-13

section 68 is not applicable in case of appellant company, as appellant company has received the amount debited in the name of the above 16 parties since earlier years 14 Sunderdeep Construction Pvt. Ltd & the balances were duly accepted by the Income Tax Department in the assessment u/ s 143(3) for A. Y. 2011-12. Further your honour

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

section 68 r.w.s.115BBE of\nthe Act by treating the cash as unexplained money of the assessee.\n2. On the facts and in the circumstances of the case and in law, the Ld. CIT(A)\nerred in deleting the addition of Rs.3,21,80,200/- on the basis of additional\nevidences ignoring the facts that the conditions laid down

DHARMEDDRA DOSHI,SANWER ROAD, INDORE vs. INCOME TAX OFFICER-1(1), INDORE, AAYAKAR BHAWAN, OPPOSITE WHITE CHURCH, RESIDENCY AREA, INDORE

Appeal is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year : 2017-18 Dharmendra Doshi, Ito, 147-B, Sector-F, 1(1), Sanwer Road Industrial Indore. बनाम/ Area, Vs. Indore (Assessee/Appellant) (Revenue/Respondent) Pan:Afspd7034G Assessee By Shri Kunal Agrawal & Shri Harsh Choukse, Ca Revenue By Shri Sanjeev H. Bhagat, Sr. Dr Date Of Hearing 11.12.2024 Date Of Pronouncement 20.01.2025

Section 68 were not applicable. In this context, we place reliance on the judgments submitted at 29-53 of the case law paper book. Therefore, in view of above-mentioned facts, circumstances and judicial pronouncements, we humbly Pray to the Hon'ble Bench to delete the impugned addition of Rs. 32

SHRI SHYAMLAL GOYAL,SENDHWA vs. THE ACIT CENTRAL,CIRCLE -2, INDORE

In the result, ITA No. 247/Ind/2021 is dismissed

Bench: Shri Mahavir Prasad & Shri B.M. Biyani(Conducted Through Virtual Court)

section 115BBE of the Income Tax Act on additional income of Rs. 2,68,555/- as offered during the course of survey on account of excess cash found. The tax as charged at higher rate on additional income was neither legal nor proper. 3. That on the facts and in the circumstances of the case

SHRI LOKESH MANGAL,BARWANI vs. THE ACIT CENTRAL,CIRCLE-2, INDORE

In the result, ITA No. 247/Ind/2021 is dismissed

Bench: Shri Mahavir Prasad & Shri B.M. Biyani(Conducted Through Virtual Court)

section 115BBE of the Income Tax Act on additional income of Rs. 2,68,555/- as offered during the course of survey on account of excess cash found. The tax as charged at higher rate on additional income was neither legal nor proper. 3. That on the facts and in the circumstances of the case

SHRI AASHISH MANGAL,BARWANI vs. THE ACIT CENTRAL CIRCLE -2, INDORE

In the result, ITA No. 247/Ind/2021 is dismissed

Bench: Shri Mahavir Prasad & Shri B.M. Biyani(Conducted Through Virtual Court)

section 115BBE of the Income Tax Act on additional income of Rs. 2,68,555/- as offered during the course of survey on account of excess cash found. The tax as charged at higher rate on additional income was neither legal nor proper. 3. That on the facts and in the circumstances of the case

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

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 68 does not permit any addition qua the opening balances which are carried forward from earlier year and not accepted during the year. Ld. CIT(A) has rightly taken into account the decision of (i) Hon'ble Delhi High Court in case of CIT vs. Usha Stud Farms (301 ITR 384), (ii) Shri Vardhman Overseas Page