DCIT,CENTRAL-2, INDORE vs. SHRI KRIHNA KUMAR VERMA, INDORE

In the result, appeal of the revenue is dismissed

Bench: SHRI CHANDRA MOHAN GARG (Judicial Member), SHRI BHAGIRATH MAL BIYANI (Accountant Member)

section 68, 69, 69A, 69B, 69C and 69D i.e. from residuary category w.e.f 01.04.2017. However, in the present case search u/s 132 and survey u/s 133 of the Act took place on 28.09.2016. The appellant during the course of search made voluntary disclosure of additional income of Rs. 4,53,43,587/- on account of excess stock

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

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

66,28,161/- is added under section 68 of the Income tax Act, 1961. As the assessee has deliberately

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 cannot apply to the issue in hand. 14. We have considered rival submissions of both sides and also perused the record as well as judicial precedents cited. We observe that a total sum of Rs. 1,21,49,560/- (assessee’s part is Rs. 24,52,910/-) has been shown as outstanding by assessee and its group

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

66,91,70,000/- made by AO and upheld by CIT(A) on account of unexplained share capital u/s 68. 9. During assessment-proceeding, when the AO show-caused assessee to explain the justification of issuance of shares having face value of Rs. 10/- at a premium of Rs. 990/-, the assessee filed reply dated 24.12.2019 which is re-produced

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

NEMICHAND JAIN HUF,BERASIA vs. PCIT(CENTRAL), BHOPAL

Appeal is allowed

Bench: Shri B.M. Biyani & Shri Udayan Das Guptaassessment Year: 2019-20 Nemichand Jain Huf Pcit (Central), Prop. M/S. Mahavir Bhopal बनाम/ Jewellers. Near Bus Stand Vs. Berasia (Assessee/Appellant) (Revenue/Respondent) Pan: Aachn1847E Assessee By Shri Govind Rinwa, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 21.01.2025 Date Of Pronouncement 31.01.2025

66,144/- surrendered by assessee during survey. Therefore, according to Ld. PCIT, the non- initiation of penalty proceedings u/s 271AAC(1) has rendered the assessment-order as erroneous-cum-prejudicial to the interest of revenue. 5. Ld. Representatives further agree that an identical case having same facts has already been decided by ITAT, Indore in Sriyans Kumar Jain

AVIRAL INDUSTRIES LIMITED,KANPUR vs. INCOME TAX OFFICER -1(1), INDORE

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year: 2014-15

68 of the Act which Aviral Industries automatically proves that credit entries in respect of such receipts were duly made by the appellant in its regular books of account. 12. The appellant company had furnished its original return of income under Section 139(1) of the Income-Tax Act, 1961 on 30.11.2014. Being a company, the Appellant is also

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 40A(3) of the I. T. Act.” 2. Heard the learned Representatives of both sides at length and case- records perused. 3. Brief facts leading to present appeal are such that the assessee- individual submitted his return of income declaring a total income of Rs. 17,29,650/- which was subjected to scrutiny assessment u/s 143(2). Finally

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

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

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

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 and note

THE AIT,ENTRAL-1, INDORE vs. SURYA INFRAVENTURE P LTD, INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

Section 68 of the Act on account of share application money received from M/s SKS Ispat and Power Limited. Being aggrieved, the Revenue filed the appeal before this Tribunal. 20. Before us, the Ld. CIt-DR vehemently supported the order of Ld. AO. Per contra Ld. Counsel for the assessee supported the findings

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

Section 68 of the Act on account of share application money received from M/s SKS Ispat and Power Limited. Being aggrieved, the Revenue filed the appeal before this Tribunal. 20. Before us, the Ld. CIt-DR vehemently supported the order of Ld. AO. Per contra Ld. Counsel for the assessee supported the findings

THE ACIT, CIRCLE 2(1), INDORE vs. M/S SURYA INFRA VENTURE PVT. LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

Section 68 of the Act on account of share application money received from M/s SKS Ispat and Power Limited. Being aggrieved, the Revenue filed the appeal before this Tribunal. 20. Before us, the Ld. CIt-DR vehemently supported the order of Ld. AO. Per contra Ld. Counsel for the assessee supported the findings

ACIT CENTRAL-2, INDORE vs. SARTHAK INNOVATION (P) LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

section 68 may be invoked which is not the case here at all 4.19 With due respect, it is submitted that the allegation that the appellant has infused its own money in the grab of unsecured loon is without any basis and not correct and merely on the basis of conjecture or surmises. It is also undisputed fact that

ACIT CENTRAL-2, INDORE vs. SARTHAK INNOVATION (P) LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

section 68 may be invoked which is not the case here at all 4.19 With due respect, it is submitted that the allegation that the appellant has infused its own money in the grab of unsecured loon is without any basis and not correct and merely on the basis of conjecture or surmises. It is also undisputed fact that