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

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

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

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

64,991/- u/s 68 of the Act, without considering the material fact that the appellant had duly discharged its initial onus of proving the identity of the loan creditors, the genuineness of the transactions and creditworthiness of loan creditors beyond all doubts by producing all the necessary documentary evidences. 6. That, the Hon'ble CIT(A) has erred to confirm

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

Appeals are dismissed

64,210/- (Rs.1,56,25,000/- + Rs.1,29,39,210/-) may be\nconsidered as unexplained credit or unexplained liability within the meaning\nof section 68

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

Appeals are dismissed

64,210/- (Rs.1,56,25,000/- + Rs.1,29,39,210/-) may be\nconsidered as unexplained credit or unexplained liability within the meaning\nof section 68

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

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

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

section 68 r.w.s.115BBE of the Act by treating the cash as\nunexplained money of the assessee. Penalty proceedings u/s 271AAC is\nbeing initiated separately on this issue.\n5.\nDuring first-appeal, the assessee made a detailed submission to CIT(A).\nThe assessee also filed additional evidences in terms of Rule 46A of Income-\ntax Rules, 1962 with a justification

PIYUSH JAIN,INDORE vs. INCOME TAX OFFICER-4(4), INDORE , ITO, INDORE

In the result, the appeal filed by the assessee is allowed

Section 68 of\nthe Act. In view of the above deliberations and case laws relied upon by both the parties,\nwe find that the AO was not justified in making an addition of Rs.2,90,93,500/- u/s 68 of\nthe Act which has rightly been deleted the Id. CIT(A) and we concur with his findings.\nThus

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

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

64,270/-. A survey action u/s 133A of the Act was conducted on 15.06.2012 in the premises of BCM Health Island and M/s. Totall Diabetes Hormone Institute of the assessee. During survey Shri Sunil Jain, Director of the assessee admitted undisclosed income of Rs.4,41,88,232/- in hands of M/s. DTHRI Health Care Pvt.Ltd

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. 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

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

INCME TAX OFFICER 2(1), BHOPAL, BHOPAL vs. SWARNA SUKH, BHOPAL

In the result appeal of the revenue is dismissed and \"impugned order” is upheld

64,65, 66, 67,68,69,70 of paper book Vol.I cash sales records of the assessee for the period 1st October 2016 to 8th November, 2016 are shown wherein total cash sales are of Rs.3,65,17,043/- which when reduced from opening balance of Rs.4,70,987/- comes to Rs.3,60,46,056/-.\n(viii) We also observe

ACIT CENTTRAL -2 INDORE, INDORE vs. M/S KALYAN TOLL INFRASTRUCTURE LTD, INDORE

Accordingly ground no. 2 of the cross objection stands allowed

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year:2013-14 Dcit Central-2, M/S Kalyan Toll Infrastructure Indore Ltd., Indore बनाम/ (Appellant) (Respondent ) Vs. P.A. No.Aacck1840M

64 of the assessment order, wherein it is stated by the AO that on perusal of the balance sheet of AY 2013-14 it was found that the appellant has received huge amount of share capital with share premium totaling to Rs. 36,15,98,952/- @ 10 per share with premium of Rs. 68 per share. The AO further noted

THE ACIT, CENTRAL-1, INDORE vs. M/S SURYA INFRA VENTURE PVT. LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

Section 143(3) of the Income-Tax Act, 1961 (hereinafter referred to as ‘the Act’) for Assessment Year (hereinafter referred to as ‘A.Y.’) 2011-12 with the following grounds: “1. On the facts and in the circumstances of the case, the Ld. CIT(A) has erred in law and on facts in deleting the addition