M/S NIKHIL ESTATE P LTD,INDORE vs. THE ACIT CENTRAL CIRCLE (3) INDORE, INDORE

In the result, appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S. Nikhil Estate Pvt. Ltd. Acit (Central)-3 M-102, Mezzanine, Floor, Indore Dhan Trident, P. No.B-3 Pu- Vs. 4, Sch. No.54, Vijay Nagar Square, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aabcn 8056 D Assessee By Shri S.S. Solanki, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 01.05.2023 Date Of Pronouncement 09.06.2023

section 68, 69, 69A, 69B, 69C and 69D i.e. from residuary category w.e.f 01.04.2017. Hon’ble Supreme court in the case of CIT vs Vatika Township Pvt Ltd (2014) 24 ITJ 532 (SC): (2014) 271 CTR 1: (2014) 227 Taxmann 121 has held that “An amendment made to the taxing statute can be said to be intended to remove

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

section 68, 69, 69A, 69B, 69C and 69D i.e. from residuary category w.e.f 01.04.2017. Hon’ble Supreme court in the case of CIT vs Vatika Township Pvt Ltd (2014) 24 ITJ 532 (SC): (2014) 271 CTR 1: (2014) 227 Taxmann 121 has held that “An amendment made to the taxing statute can be said to be intended to remove

PRAYANK JAIN,INDORE vs. ACIT5(1), INDORE

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

482 Goyal Nagar, Indore PAN : AAIHM5401M V/s ITO-2(1), Indore : Respondent Shivnarayan Sharma & Ors ITA Nos. 889/Ind/2018,474,206,60,987/Ind/2019 Assessment Year 2011-12 Shri Darshan Kumar Pahwa : Appellant 103, Mishika Tower, 28 Patel Nagar, Indore PAN : ABSPP2810N V/s DCIT-5(1), Indore : Respondent Revenue by Shri Harshit Bari, Sr.DR Assessee by Shri Girish Agrawal, Shri Vijay Bansal

SAPAN SHAH,INDORE vs. ACIT-4(I), INDORE

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

482 Goyal Nagar, Indore PAN : AAIHM5401M V/s ITO-2(1), Indore : Respondent Shivnarayan Sharma & Ors ITA Nos. 889/Ind/2018,474,206,60,987/Ind/2019 Assessment Year 2011-12 Shri Darshan Kumar Pahwa : Appellant 103, Mishika Tower, 28 Patel Nagar, Indore PAN : ABSPP2810N V/s DCIT-5(1), Indore : Respondent Revenue by Shri Harshit Bari, Sr.DR Assessee by Shri Girish Agrawal, Shri Vijay Bansal

DARSHAN KUMAR PAHWA,INDORE vs. DCIT CIRCLE5(1), INDORE

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

482 Goyal Nagar, Indore PAN : AAIHM5401M V/s ITO-2(1), Indore : Respondent Shivnarayan Sharma & Ors ITA Nos. 889/Ind/2018,474,206,60,987/Ind/2019 Assessment Year 2011-12 Shri Darshan Kumar Pahwa : Appellant 103, Mishika Tower, 28 Patel Nagar, Indore PAN : ABSPP2810N V/s DCIT-5(1), Indore : Respondent Revenue by Shri Harshit Bari, Sr.DR Assessee by Shri Girish Agrawal, Shri Vijay Bansal

GOVIND HARINARAYAN AGRAWAL HUF,INDORE vs. I T O 2(1), INDORE

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

482 Goyal Nagar, Indore PAN : AAIHM5401M V/s ITO-2(1), Indore : Respondent Shivnarayan Sharma & Ors ITA Nos. 889/Ind/2018,474,206,60,987/Ind/2019 Assessment Year 2011-12 Shri Darshan Kumar Pahwa : Appellant 103, Mishika Tower, 28 Patel Nagar, Indore PAN : ABSPP2810N V/s DCIT-5(1), Indore : Respondent Revenue by Shri Harshit Bari, Sr.DR Assessee by Shri Girish Agrawal, Shri Vijay Bansal

SHIV NARAYAN SHARMA,INDORE vs. ACIT CIRCLE 3(1), INDORE

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

482 Goyal Nagar, Indore PAN : AAIHM5401M V/s ITO-2(1), Indore : Respondent Shivnarayan Sharma & Ors ITA Nos. 889/Ind/2018,474,206,60,987/Ind/2019 Assessment Year 2011-12 Shri Darshan Kumar Pahwa : Appellant 103, Mishika Tower, 28 Patel Nagar, Indore PAN : ABSPP2810N V/s DCIT-5(1), Indore : Respondent Revenue by Shri Harshit Bari, Sr.DR Assessee by Shri Girish Agrawal, Shri Vijay Bansal

MANISH GOVIND AGRAWAL HUF,INDORE vs. I T O 2(1), INDORE

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

482 Goyal Nagar, Indore PAN : AAIHM5401M V/s ITO-2(1), Indore : Respondent Shivnarayan Sharma & Ors ITA Nos. 889/Ind/2018,474,206,60,987/Ind/2019 Assessment Year 2011-12 Shri Darshan Kumar Pahwa : Appellant 103, Mishika Tower, 28 Patel Nagar, Indore PAN : ABSPP2810N V/s DCIT-5(1), Indore : Respondent Revenue by Shri Harshit Bari, Sr.DR Assessee by Shri Girish Agrawal, Shri Vijay Bansal

THE ACIT,CENTRAL-1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

482/- is Deleted. Therefore, appeal on these grounds is Allowed.” 6. On careful perusal of the orders of the authorities below, we find that the ld.CIT(A), after considering the stand of the AO and written submissions of the assessee, noted that the assessee had earned net income of Rs.8,80,23,836/- in respect of trading of commodities

THE ACIT ,CENTRAL-1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

482/- is Deleted. Therefore, appeal on these grounds is Allowed.” 6. On careful perusal of the orders of the authorities below, we find that the ld.CIT(A), after considering the stand of the AO and written submissions of the assessee, noted that the assessee had earned net income of Rs.8,80,23,836/- in respect of trading of commodities

THE ADDL. CIT RANGE -1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

482/- is Deleted. Therefore, appeal on these grounds is Allowed.” 6. On careful perusal of the orders of the authorities below, we find that the ld.CIT(A), after considering the stand of the AO and written submissions of the assessee, noted that the assessee had earned net income of Rs.8,80,23,836/- in respect of trading of commodities

THE ACIT, CENTRAL-2, INDORE vs. SHRI NITESH CHUGH, INDORE

In the result, the appeals of the Revenue for the A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad(Virtual Hearing)

section 50C of the Act. 33 Mohanlal Chugh & others Therefore, we are of the considered opinion that the Assessing Officer has made the additions purely on his guess work and surmises which do not have any basis whatsoever. We find ourselves in full agreement with the findings of the Ld. CIT(A). Accordingly, the action

THE ACIT, CENTRAL-2, INDORE vs. M/S. CHUGH REALTY, INDORE

In the result, the appeals of the Revenue for the A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad(Virtual Hearing)

section 50C of the Act. 33 Mohanlal Chugh & others Therefore, we are of the considered opinion that the Assessing Officer has made the additions purely on his guess work and surmises which do not have any basis whatsoever. We find ourselves in full agreement with the findings of the Ld. CIT(A). Accordingly, the action

THE ACIT, CENTRAL-2, INDORE vs. SHRI MOHANLAL CHUGH, INDORE

In the result, the appeals of the Revenue for the A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad(Virtual Hearing)

section 50C of the Act. 33 Mohanlal Chugh & others Therefore, we are of the considered opinion that the Assessing Officer has made the additions purely on his guess work and surmises which do not have any basis whatsoever. We find ourselves in full agreement with the findings of the Ld. CIT(A). Accordingly, the action

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

482 Both the showing details directors are are income-tax directors are of directors of income-tax payees and income-tax the company. payees and having DIN payees and having DIN allotted by the having DIN allotted by the Ministry of allotted by the Ministry of Corporate Ministry of Corporate Affairs Corporate Affairs Affairs Assessment 231 i) Scrutiny

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

482 Both the showing details directors are are income-tax directors are of directors of income-tax payees and income-tax the company. payees and having DIN payees and having DIN allotted by the having DIN allotted by the Ministry of allotted by the Ministry of Corporate Ministry of Corporate Affairs Corporate Affairs Affairs Assessment 231 i) Scrutiny

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

482 Both the showing details directors are are income-tax directors are of directors of income-tax payees and income-tax the company. payees and having DIN payees and having DIN allotted by the having DIN allotted by the Ministry of allotted by the Ministry of Corporate Ministry of Corporate Affairs Corporate Affairs Affairs Assessment 231 i) Scrutiny

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

68 of the Act. Failure of the AO to conduct necessary and proper inquiry renders the order passed by the AO as erroneous so far as prejudicial to the interest of the revenue. He has relied upon the explanation (2) to section 263(1) of the Act. He has relied upon the impugned order