ACIT CIRCLE 1(1), UJJAIN vs. A ONE ENCLAVE, UJJAIN

In the result, grounds taken by Revenue are dismissed

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2012-13 Acit, Circle-1(1), V/S M/S. A One Enclave, Ujjain 3687/1, Hariphatak Road, Ujjain

Section 115BBE of the Act was brought into effect from 1.4.2013 by the Finance Act 2012 which provides that no deduction in respect of any expenditure or allowance or set off of any loss is to be allowed against the income declared or assessed u/s 68, 69, 69A,69B, 69C & 69D. Ld. CIT(A) also held that before the amendment

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

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

survey u/s 133A was conducted by Investigation Wing on 02.07.2013 upon Shri Anand Sharma and subsequently statements of Shri Anand Sharma were also recorded u/s 131 on 06.01.2014. It emerged from the confessions and admissions of Shri Anand Sharma in sworn statements that he is an accommodation provider. In reply to Q.No. 6 and 8, Shri Anand Page

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

survey u/s 133A of the Act on 27.7.2017. In the assessment proceedings carried out through CASS assessee was directed to explain the fresh unsecured loan taken during the year. Detalied replies were filed by the assessee which could partly satisfied the Ld. A.O and he was of the view that unsecured loan taken from following 3 companies could

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

survey u/s 133A of the Act on 27.7.2017. In the assessment proceedings carried out through CASS assessee was directed to explain the fresh unsecured loan taken during the year. Detalied replies were filed by the assessee which could partly satisfied the Ld. A.O and he was of the view that unsecured loan taken from following 3 companies could

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

survey u/s 133A of the Act on 27.7.2017. In the assessment proceedings carried out through CASS assessee was directed to explain the fresh unsecured loan taken during the year. Detalied replies were filed by the assessee which could partly satisfied the Ld. A.O and he was of the view that unsecured loan taken from following 3 companies could

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

ACIT (CENTRAL UJJAIN, UJJAIN vs. M/S ARIHANT FUTURE AND COMMODITIES LTD, INDORE

Bench: Shri Mahavir Prasad, Judicialmember & Shri Manish Boradvirtual Hearing &

survey u/s 133A was carried out on 29.12.2015 which continued till 02.01.2016. Regular assessment u/s 143(3) was made by Deputy Commissioner of Income Tax (Central – 1), Indore on 16.12.2016 wherein the returned income was accepted. Later on the case was reopened u/s 148 vide notice dated 10.12.2018 and the reassessment proceedings were completed by passing the order u/s

THE ACIT, CENTRAL - UJJAIN, INDORE vs. M/S ARIHANT FUTURE & COMMADITIES LTD , INDORE

Bench: Shri Mahavir Prasad, Judicialmember & Shri Manish Boradvirtual Hearing &

survey u/s 133A was carried out on 29.12.2015 which continued till 02.01.2016. Regular assessment u/s 143(3) was made by Deputy Commissioner of Income Tax (Central – 1), Indore on 16.12.2016 wherein the returned income was accepted. Later on the case was reopened u/s 148 vide notice dated 10.12.2018 and the reassessment proceedings were completed by passing the order u/s

THE ACIT ,CENTRAL-UJJAIN, INDORE vs. M/S ARIHANT CAPITALS MARKETS LTD , INDORE

Bench: Shri Mahavir Prasad, Judicialmember & Shri Manish Boradvirtual Hearing &

survey u/s 133A was carried out on 29.12.2015 which continued till 02.01.2016. Regular assessment u/s 143(3) was made by Deputy Commissioner of Income Tax (Central – 1), Indore on 16.12.2016 wherein the returned income was accepted. Later on the case was reopened u/s 148 vide notice dated 10.12.2018 and the reassessment proceedings were completed by passing the order u/s

M/S. KANAK AGRO INFRASTRUCTURE,KHANDWA vs. THE ITO WARD-1, KHANDWA

In the result, assessee’s appeal is partly allowed

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

section 68 and 69 were applicable to the case of the assessee because of surrender obtained during the course of survey U/s 133A

SAARAS AGRO INDUSTRIES ,KHANDWA vs. THE ACIT , KHANDWA

In the result, assessee’s appeal is partly allowed

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

section 68 and 69 were applicable to the case of the assessee because of surrender obtained during the course of survey U/s 133A

SHRI GOPAL KRISHNA SONI,MANDSAUR vs. ASSTT.COMMISSIONER OF INCOME TAX, RATLAM

In the result appeal of the assessee for Assessment Years 2000-01 is

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

133A of the Act. For Assessment Year 2001-02 assessee has shown net loss of Rs.4,63,554/- before claiming depreciation. 25. As regards Assessment Year 2002-03 total income of Rs.2,71,151/- was declared. Loss from business before claiming depreciation has been shown at Rs.11,71,113/-. This loss has been set off against surrendered amount at Rs.15

SHRI GOPAL SONI,MANDSAUR vs. ADDLL. CIT , RATLAM

In the result appeal of the assessee for Assessment Years 2000-01 is

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

133A of the Act. For Assessment Year 2001-02 assessee has shown net loss of Rs.4,63,554/- before claiming depreciation. 25. As regards Assessment Year 2002-03 total income of Rs.2,71,151/- was declared. Loss from business before claiming depreciation has been shown at Rs.11,71,113/-. This loss has been set off against surrendered amount at Rs.15

SHRI GOPAL KRISHNA SONI,MANDSAUR vs. COMMISSIONER OF INCO ME-TAX , RATLAM

In the result appeal of the assessee for Assessment Years 2000-01 is

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

133A of the Act. For Assessment Year 2001-02 assessee has shown net loss of Rs.4,63,554/- before claiming depreciation. 25. As regards Assessment Year 2002-03 total income of Rs.2,71,151/- was declared. Loss from business before claiming depreciation has been shown at Rs.11,71,113/-. This loss has been set off against surrendered amount at Rs.15

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

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

survey u/s 133A of the Act carried out by the department on various brokers of stock exchange and other companies where the investigation team came across various bogus transactions of providing accommodation entries to give benefit to various persons to convert their unaccounted cash into accounted money in the form of bogus LTCG. Ld. A.O also took statement

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

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

survey u/s 133A of the Act carried out by the department on various brokers of stock exchange and other companies where the investigation team came across various bogus transactions of providing accommodation entries to give benefit to various persons to convert their unaccounted cash into accounted money in the form of bogus LTCG. Ld. A.O also took statement

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

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

survey u/s 133A of the Act carried out by the department on various brokers of stock exchange and other companies where the investigation team came across various bogus transactions of providing accommodation entries to give benefit to various persons to convert their unaccounted cash into accounted money in the form of bogus LTCG. Ld. A.O also took statement