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

44 M/s Decent Industries Pvt. Ltd ITA No. 356/Ind/2023 – AY 2012-13 establish three things necessary to obviate the mischief of Section 68

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 Income-tax Act, 1961, where identity, genuineness and creditworthiness stands established. Thus, there was no reason for the Ld. CIT(A) to take a different view in assessment year under appeal i.e., 2009-2010. Considering the totality of the facts and circumstances, we are of the view that initial burden upon the assessee to prove

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

Section 68 of the Act are applicable. Name of Company Amount (Rs.) i) M/s.Dwarkesh Finance Ltd.[(In short) ‘DFL’] 15,26,111/- ii) M/s. Famous Vanijya Pvt. Ltd.[ .[(In short) 2,15,03,302/- ‘FVPL’] iii) M/s. Navyug Vyapar Pvt. Ltd. [(In short) 10,13,83,277/- ‘NVPL’] Total 12,44

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

Section 68 of the Act are applicable. Name of Company Amount (Rs.) i) M/s.Dwarkesh Finance Ltd.[(In short) ‘DFL’] 15,26,111/- ii) M/s. Famous Vanijya Pvt. Ltd.[ .[(In short) 2,15,03,302/- ‘FVPL’] iii) M/s. Navyug Vyapar Pvt. Ltd. [(In short) 10,13,83,277/- ‘NVPL’] Total 12,44

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

Section 68 of the Act are applicable. Name of Company Amount (Rs.) i) M/s.Dwarkesh Finance Ltd.[(In short) ‘DFL’] 15,26,111/- ii) M/s. Famous Vanijya Pvt. Ltd.[ .[(In short) 2,15,03,302/- ‘FVPL’] iii) M/s. Navyug Vyapar Pvt. Ltd. [(In short) 10,13,83,277/- ‘NVPL’] Total 12,44

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

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

68 of the Income-Tax Act, 1961 was not justified and was 27 Sanjay Lunawat ITA No.396/Ind/2018 & C.O.No.32/Ind/2018 rightly deleted by the ld. CIT(A) as the assessee filed requisite documentary evidences so as to justify the identity and creditworthiness of these parties and genuineness of the transactions as entered into with them. Thus, we confirm the order

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)

68,555/- as offered during the course of survey on account of excess cash found during survey even when the only source of income of the appellant was from his business and liable to tax under section 28 to 44

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)

68,555/- as offered during the course of survey on account of excess cash found during survey even when the only source of income of the appellant was from his business and liable to tax under section 28 to 44

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)

68,555/- as offered during the course of survey on account of excess cash found during survey even when the only source of income of the appellant was from his business and liable to tax under section 28 to 44

VIRENDRA KUMAR MANDOT,, SADAR BAZAR SAILANA RATLAM vs. INCOME TAX OFFICER, ITO-1, RATLAM, RATLAM

Appeal is partly allowed for statistical purpose

68 of the Act. The contention\nof the appellant in raising these grounds is that the AO has not considered\ncash sales which have been taken in the P&L account and the addition made\nby the AO has resulted in double addition.\n8.1 There have been lot of judicial pronouncements on the issue of cash\ndeposits during demonetization period

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

THE ITO-3(3), INDORE vs. M/S. MUNGAD STRIPS & ALLOYS PVT. LTD., INDORE

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

Bench: Shri C. M. Garg & Shri O.P. Meena

44,68,220/- whereas the same addition was made by the AO invoking the provision of Section 145(3) of the IT Act and estimated

KUSUM YADAV,INDORE vs. ITO 1(2), INDORE

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

44\n(SC). In the said case, involving A.Y. 2009-10, the Assessee therein\nhad claimed to have taken loan of huge amount from an entity.\nAssessing Officer held that said loan received by assessee was bogus\nand accordingly, made additions under section 68

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

section 68 sustaining/enhancing by observing that excess expenditure on the amount account of cost of Century 21 Malls P.Ltd Vs. ACIT (Indore Bench) – (9 Cross-Appeals) 29 belongs to Shri construction Keshav Nanchani determined by the DVO. 2009-10 Rs.20,04,41,842/- 7,03,97,955 Rs.1,99,42,216/- to Rs.2,60,39,729/- 2010-11 Rs.14

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

section 68 sustaining/enhancing by observing that excess expenditure on the amount account of cost of Century 21 Malls P.Ltd Vs. ACIT (Indore Bench) – (9 Cross-Appeals) 29 belongs to Shri construction Keshav Nanchani determined by the DVO. 2009-10 Rs.20,04,41,842/- 7,03,97,955 Rs.1,99,42,216/- to Rs.2,60,39,729/- 2010-11 Rs.14

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

section 68 sustaining/enhancing by observing that excess expenditure on the amount account of cost of Century 21 Malls P.Ltd Vs. ACIT (Indore Bench) – (9 Cross-Appeals) 29 belongs to Shri construction Keshav Nanchani determined by the DVO. 2009-10 Rs.20,04,41,842/- 7,03,97,955 Rs.1,99,42,216/- to Rs.2,60,39,729/- 2010-11 Rs.14