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 or 69A, excess stock is covered u/s 69 or 69B, construction of Shed/Godown is covered u/s 69B or 69C and advances made to Sundry Parties is covered u/s 69, 69B or 69D is like an open ended hypothesis which is not supported by any specific finding that the matter shall fall under which of the specific sections

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

50,000, the aggregate FMV of such property as exceeds such consideration shall be chargeable to income-tax under the head, "Income from other sources". Further, the NAV method as per Rule 11UA has been prescribed as the method for computing FMV of the shares for the purposes of section 56(2)(viib) of the IT Act. 1.36. Accordingly

RUPESH VYAS,INDORE vs. THE ACIT3(1), INDORE, INDORE

In the result, this appeal of assessee is dismissed

Bench: Shri T.R. Senthil Kumar & Shri B.M. Biyani

Section 68 of the Act, where any sum is found credited in the books of the assessee for any previous year the same may be charged to income tax as the income of the assessee of that previous year if the explanation offered by the assessee about the nature and source thereof is, in the opinion of the Assessing

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

50,500/- and net reserves and surplus of Rs.1,08,62,25,646/-. Bank statement, confirmation of account, ledger statement, audited financial statement, Memorandum of Association and tax deducted at source certificate are placed on record which in totality are sufficient to prove identity of this company, genuineness of the transaction and creditworthiness of this company It is further proved

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

50,33,480 19,51,58,958 200,00,000 10.24% 6.7.5 It has been argued that, it is clear from the above table shows that the lender company had the financial capacity of advancing around 10 times more. 7.6 To prove the genuineness of the transaction following documents have been produced by the appellant of the lender company

M/S OREF SECURITIES PRIVATE LTD. ,MANDSAUR vs. INCOME TAX OFFICER, INDORE

In the result, appeal of the assessee is allowed

Bench: Shri Manish Borad & Ms.Madhumita Royआयकर अपील सं./ Ita No.70/Ind/2018 "नधा"रण वष"/Asstt. Year: 2013-14 Vs. Ito, Mandsaur. M/S.Oref Securities P.Ltd. 69, Agrasen Nagar B/H. Mid India Mandsaur.

50,000/- made under section 68 of the Act, has been confirmed by the ld.CIT(A). 2. Brief facts

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

68 of the Act. On appeal the CIT(A) has confirmed the said addition for want of any evidence. 13.1 Before the Tribunal Ld. AR of the assessee has submitted that the assessee has taken this loan from Bajaj Finance Limited a non- banking financial institution and ledger of loan from Bajaj Finance was duly produced before

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 of the Income-tax Act, 1961, suggests that (i) there has to be credit of amounts in the books maintained by the assessee, (ii) such credit has to be a sum of money during the previous year; and (iii) either (a) the assessee offers no explanation about the nature and source of such credits found

RUPESH VYAS,INDORE vs. THE ACIT3(1), INDORE, INDORE

In the result, this appeal of assessee is dismissed

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani

Section 68 of the Act, where any sum is found credited in the books of the assessee for any previous year the same may be charged to income tax as the income of the assessee of that previous year if the explanation offered by the assessee about the nature and source thereof is, in the opinion of the Assessing

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

Appeals are dismissed

section 68 meaning thereby no addition\ncan be made in current year for such opening balance. Once the liability of\nopening balance is excluded, there remains a small liability of Rs.\n18,12,333/- for which the CIT(A) is again correct in observing that the\nassessee has discharged its onus by filing A/c Confirmations and Invoices of\ncreditors

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

Appeals are dismissed

section 68 meaning thereby no addition\ncan be made in current year for such opening balance. Once the liability of\nopening balance is excluded, there remains a small liability of Rs.\n18,12,333/- for which the CIT(A) is again correct in observing that the\nassessee has discharged its onus by filing A/c Confirmations and Invoices of\ncreditors

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

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

50 Sanjay Lunawat ITA No.396/Ind/2018 & C.O.No.32/Ind/2018 was nothing but the amount initially advanced by him, therefore, there was no reason for adding the same by invoking the provisions of section 68

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

68 of the Act at Rs.2,76,42,000/- 1. Prior to the impugned year, assessee had given advances through banking channel to various parties for purchase of land. Assessee submits that as the advances were given through banking channel this itself proves the genuineness of the initiation of transaction. 2. Assessee contends that the funds transferred or given

DEPUTY COMMISSIONER OF INCOME TAX-2 (1), INDORE, INDORE vs. M/S DTHRI HEALTH CARE PVT. LTD. (M.P), INDORE

In the result Ground No.2 of the revenue stands

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2013-14 Dcit-2(1), M/S. Dthri Health Care Indore Vs. Pvt. Ltd (M.P), Pu-4, Scheme No.54, Near A.B. Road, Indore (Appellant) (Respondent ) Pan No.Aabcd4095N Revenue By Shri R.P. Mourya, Sr.Dr Assessee By S/Shri Sumit Neema, Sr.Adv & Gagan Tiwari, Adv Date Of Hearing 17.12.2018 Date Of Pronouncement 02.01.2019 O R D E R

50,68,352 11. On the basis of these documents income works out to Rs.2,10,13,228/- (Gross receipt Rs.3,26,00,730/- less expenses Rs.65,19,150/- less expenses Rs.50,68,352/-), but inadvertently Director Shri Sunil Jain during the course of survey while admitting the undisclosed income totaled the three figures comprising ofincome and expenses and surrendered

DCIT-4(1), INDORE vs. M/S. YAKSHA INFRASTRUCTURE COM. PVT. LTD., TALOJA, RAIGARH

Appeal is dismissed

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

68 in the year under appeal................." 17. Considering the entire aspect of the matter, the Ld. CIT(A) while deleting the addition made by the Ld. AO observed as follows: “5.14 The appellant has submitted various documents in support of its claim. The said documents were verified by this office. After verification of the same, following facts emerge out which

YAKSHA INFRASTRUCTURE COMPANY (P) LTD. (FORMERLY KNOWN FROLIC REALTY (P) LTD.),MUMBAI vs. DCIT-3(1) , INDORE

Appeal is dismissed

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

68 in the year under appeal................." 17. Considering the entire aspect of the matter, the Ld. CIT(A) while deleting the addition made by the Ld. AO observed as follows: “5.14 The appellant has submitted various documents in support of its claim. The said documents were verified by this office. After verification of the same, following facts emerge out which

ASHOK AIREN,MALHARGANJ vs. DCIT 4(1), INDORE, INDORE

Appeal is allowed

50,00,000 from two lenders as unexplained cash credits under Section 68. The assessee's initial return and subsequent

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

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

section 10(38). (Tax Effect Rs. 205916/-) 2. Addition of Rs. 7,43,099/- on account of loss in trading in shares of VAS Infra is unjustified. That addition of Rs. 7,43,099/- on account of loss in trading in shares of VAS Infra is unjustified and improper. The learned CIT(A) has confirmed addition