SHRI SHALIGRAM BAROD, ,INDORE vs. PR. CIT-1, INDORE

Bench: Hon'Ble Manish Borad & Hon'Ble’ Madhumita Royassessment Year:2014-15 Shri Shaligram Barod, Pr. Cit-I, Ah/29, Hig, Sukhliya Indore बनाम/ Indore Vs. (Appellant) (Respondent ) P.A. No. Ahfpp4068H Appellant By Shri S.N. Agrawal, Ca Revenue By Shri S.B. Prasad, Cit-Dr

Long Term Shaligram Borad Capital Gain of Rs. 7,09,689/- as against Rs. 1,93,656/- as declared in the return of total income as filed. The assessing officer while passing the Assessment Order, has restricted the amount of selling expenses to Rs. 1,10,320/- only as against selling expenses as claimed by the assessee

SHRI PREMNARAYAN,HARSUD, KHANDWA vs. THE PCIT-1, INDORE, INDORE

In the result, appeals of the assesse in ITANo

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Premnarayan Pcit (1) 31, Somgaon Khurd, Aaykar Bhawan Harsud, Vs. Indore Khandwa (Appellant / Assessee) (Respondent/ Revenue) Pan: Cjzpp1164J Smt. Sharda Pcit (1) A/45, Naya Harsud, Aaykar Bhawan Vs. Khandwa Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Fdxps2997P Assessee By Shri S.N. Agrawal & Pankaj Mogra, Ars Revenue By Shri Ram Kumar Yadav, Cit-Dr Date Of Hearing 21.08.2024 Date Of Pronouncement 30.08.2024

long term capital gains.' In this Page 19 of 26 ITANo.262 & 263/Ind/2024 Shri Premnarayan & Smt. Sharda regard it is submitted that the aforesaid land sold on 17.09.2013 and investigations have been made on or after 24.12.2019 and municipal limits of Harda have been changed in between and therefore it is important to note here that the land so sold

SMT. SHARDA,HARSUD, KHANDWA vs. THE PCIT-1, INDORE, INDORE

In the result, appeals of the assesse in ITANo

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Premnarayan Pcit (1) 31, Somgaon Khurd, Aaykar Bhawan Harsud, Vs. Indore Khandwa (Appellant / Assessee) (Respondent/ Revenue) Pan: Cjzpp1164J Smt. Sharda Pcit (1) A/45, Naya Harsud, Aaykar Bhawan Vs. Khandwa Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Fdxps2997P Assessee By Shri S.N. Agrawal & Pankaj Mogra, Ars Revenue By Shri Ram Kumar Yadav, Cit-Dr Date Of Hearing 21.08.2024 Date Of Pronouncement 30.08.2024

long term capital gains.' In this Page 19 of 26 ITANo.262 & 263/Ind/2024 Shri Premnarayan & Smt. Sharda regard it is submitted that the aforesaid land sold on 17.09.2013 and investigations have been made on or after 24.12.2019 and municipal limits of Harda have been changed in between and therefore it is important to note here that the land so sold

DEPUTY COMMISSIONER OF INCOME TAX - 3(1), INDORE vs. SHRI RAJEEV AJMERA, INDORE

In the result, the appeal of Revenue is partly allowed for statistical purposes

Bench: Ms.Suchitra Kamble & Shrib.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2010-11 Dcit-3(1) Shri Rajeev Ajmera, Indore बनाम/ Indore Vs. (Appellant / Assessee) (Respondent / Revenue) Pan: Abgpa4930L Co No.23/Ind/2018 (Arising Out Of Ita No.51/Ind/2018) Assessment Year: 2010-11 Shri Rajeev Ajmera, Dcit-3(1) Indore Indore बनाम/ Vs. (Appellant / Assessee) (Respondent / Revenue) Pan: Abgpa4930L Assessee By Shri Mahendra Mittal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 23.08.2022 Date Of Pronouncement 31.08.2022 आदेश/ O R D E R

term capital gain against the sale of flat of Rs. 68,79,170/- by stating that the appeal is allowed for statistical purpose merely on affidavit filed by the assessee and ignoring the fact that the residential flat was held by the assessee as capital asset as per purchase deed & assessee is in real estate consultancy business. 3. Whether

GUNVEER SINGH CHHABRA ,INDORE vs. THE PR CIT -1, INDORE

In the result, assessee’s appeal is allowed

Bench: Ms. Madhumita Roy, Judicial Memebr & Shri Bhagirath Mal Biyani

long-term capital gain on the basis of the report of the Inspector and he did not believe the report of the Tehsildar. We agree with the opinion of the learned CIT(A) that he should have requested the higher authorities of the State Government if he did not believe his report to be correct or he could have summoned

THE DCIT, 2(1), INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

long term capital gain under section 10(38) of the Act can be made in the absence of any incriminating material found during the course of search. These submissions and case laws referred to by the assessee are reproduced by the ld.CIT(A) in his impugned order. The ld.CIT(A) after considering detailed submissions of the assessee and case laws

THE DCIT, 2(1), INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

long term capital gain under section 10(38) of the Act can be made in the absence of any incriminating material found during the course of search. These submissions and case laws referred to by the assessee are reproduced by the ld.CIT(A) in his impugned order. The ld.CIT(A) after considering detailed submissions of the assessee and case laws

JCIT(OSD),-2(1),INDORE, INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

long term capital gain under section 10(38) of the Act can be made in the absence of any incriminating material found during the course of search. These submissions and case laws referred to by the assessee are reproduced by the ld.CIT(A) in his impugned order. The ld.CIT(A) after considering detailed submissions of the assessee and case laws

DEPUTY COMMISSIONER OF INCOME TAX-3 (1), INDORE vs. SHRI MUKESH AGRAWAL, INDORE

In the result, Revenue’s appeal in ITANo

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year 2005-06

TDS was not deductible on the alleged expenses of Rs.4,77,466/-and this finding of Ld. CIT(A) remains uncontroverted by ld. CIT-DR, we therefore, find no Shri Mukesh Agrawal inconsistency in the finding of Ld. CIT(A). Accordingly ground no.5 raised by the revenue stands dismissed. 12. Apropos to ground no.6 we find that it relates

GLOBUS HOUSING,BHOPAL vs. ASSESSMENT UNIT, NFAC, DELHI

The appeal of the assessee is allowed and the “impugned

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshi

Long Term Capital Gain by routing it through paper companies who have no real business or activities and are created on papers for such type of sham transactions. The persons operating such paper companies complete the paper formalities but no real business/ activities are carried out by these companies. The bank accounts are opened and operated only to launder money

ASIAN BUSINESS CONECTION PVT. LTD.,BHOPAL vs. DCIT - 1(1) , BHOPAL

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2015-16 M/S. Asian Business Dcit-1(1), Connections Private Ltd, Vs. Bhopal Fm-18, Man Sarovar Complex, 7No. Stop, Shivaji Nagar, Bhopal (Appellant) (Respondent ) Pan No.Aaica1206D

long term borrowings and not trade payables/current liabilities, as normally trade advance are adjusted within 1 year which was not the case here. The Ld. AO further noted that on receipt of advance from AOPL, the amount was mainly diverted /transferred to sister concerns and not utilized in any kind of business activity. Further from the balance sheet

M/S ANDRITZ HYDRO PRIVATE LIMITED (EARLIER KNOWN AS V A TECH HYDRO INDAI PVT. LTD.),MANDIDEEP vs. THE ACIT 1(1), BHOPAL

In the result, grounds taken by the assessee in all the years with respect to provision of warranty are allowed

Bench: Shri D.T. Garasia & Shri O.P. Meena

terms and conditions mentioned in the agreement relating to transactions of sales of generators which have been developed based on the expertise of Andritz Austria. However, in certain cases, looking at the complexities of the project involved it becomes imperative that the specific designing of the Generators is made looking at the specific needs of the clients and their projects

THE ACIT, 1(1), BHOPAL vs. M/S. ANDRITZ HYDRO PVT. LTD., RAISEN

In the result, grounds taken by the assessee in all the years with respect to provision of warranty are allowed

Bench: Shri D.T. Garasia & Shri O.P. Meena

terms and conditions mentioned in the agreement relating to transactions of sales of generators which have been developed based on the expertise of Andritz Austria. However, in certain cases, looking at the complexities of the project involved it becomes imperative that the specific designing of the Generators is made looking at the specific needs of the clients and their projects

THE DCIT, 1(1), BHOPAL vs. M/S. ANDRITZ HYDRO PVT. LTD., RAISEN

In the result, grounds taken by the assessee in all the years with respect to provision of warranty are allowed

Bench: Shri D.T. Garasia & Shri O.P. Meena

terms and conditions mentioned in the agreement relating to transactions of sales of generators which have been developed based on the expertise of Andritz Austria. However, in certain cases, looking at the complexities of the project involved it becomes imperative that the specific designing of the Generators is made looking at the specific needs of the clients and their projects

M/S. ANDRITZ HYDRO PRIVATE LIMITED (EARLIER KNOWN AS VA TECH HYDRO INDIA PRIVATE LIMITED),BHOPAL vs. THE DCIT 1(1), BHOPAL

In the result, grounds taken by the assessee in all the years with respect to provision of warranty are allowed

Bench: Shri D.T. Garasia & Shri O.P. Meena

terms and conditions mentioned in the agreement relating to transactions of sales of generators which have been developed based on the expertise of Andritz Austria. However, in certain cases, looking at the complexities of the project involved it becomes imperative that the specific designing of the Generators is made looking at the specific needs of the clients and their projects

KAILASHCHANDRA KHANDELWAL,SENDHWA vs. PR. CIT -2, INDORE

Bench: Hon'Ble Manish Borad & Hon'Ble’ Madhumita Royassessment Year:2014-15 Shri Kailash Khandelwal Pr. Cit-2, Prop. M/S. Vikash Krishi Indore बनाम/ Seva Kendra, Bus Stand, Vs. Sendhwa, Barwani (Appellant) (Respondent ) P.A. No. Acmpk2991E Appellant By Shri Girish Agrawal & Shri Vijay Bansal, Nisha Lahoti, Ars Revenue By Shri S.B. Prasad, Cit-Dr

TDS or depositing the tax with Government. [PB 146] 2 15 Confirmations of all Confirmations along with copy of unsecured loans ledger accounts were submitted. taken. [PB 83-116, 146] Confirmations for the large squared up loans in the specified format. [PB 142] 3 16 Details of interest Details of the interest earned earned on the loans were submitted along

AMARJEET SINGH BHATIA,INDORE vs. ITO 2(1), IND, INDORE

Bench: Bhagirath Mal Biyani & Shri Paresh M Joshiamarjeet Singh Bhatia, Income Tax Officer बनाम/ House No.63 Panchwati, 2(1), Vs. Janki Nagar, Indore Indore (Pan: Cjcpb5689P) (Appellant) (Revenue) Assessee By Shri Soumya Bumb, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 06.05.2025 Date Of Pronouncement 08.05.2025 आदेश/ O R D E R

term capital gain is unjustified. The Appellant prays that the order to be set aside to the CIT(A) for hearing on merits. 3. On the fact and circumstances of the case and in law, learned A.O. erred in making addition of Rs.1,10,00,000/- under Section 45 of the Act. The Appellant prays that the said addition

M/S. SANEE INFRASTRUCTURE PVT. LTD.,BHOPAL vs. THE PR CIT , BHOPAL

In the result appeal of the assessee is partly allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2015-16 M/S. Sanee Infrastructure Pr.Cit-2, Pvt. Ltd, Vs. Bhopal D-1, Machna Colony, 6 No Bus Stop, Bhopal (Appellant) (Revenue ) Pan No.Aagcs8307M Appellant By Shri Arun Jain, Ca Revenue By Shri S.B. Prasad, Cit Date Of Hearing 12.03.2020 Date Of Pronouncement 01.06.2020 O R D E R

gains strength and support by the ratio of the decisions in the case laws mentioned here below: 1.Ram Pyari Devi Saraogi vs CIT (1968) 67 ITR 84 (SC) the Hon'ble Supreme Court has held that assessment made in undue haste and without making inquiries which are called for the circumstances of the case is erroneous and prejudicial