ANKUR AGRAWAL,INDORE vs. ITO-5(1), INDORE

In the result, all three appeals of two assessee are allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

bogus long term capital gain when a. All the transactions stand duly established by contemporaneous, independent third party evidences which have not been disproved i.e. purchase

SMT. SHEELA AGRAWAL,INDORE vs. ITO-5(5), INDORE

In the result, all three appeals of two assessee are allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

bogus long term capital gain when a. All the transactions stand duly established by contemporaneous, independent third party evidences which have not been disproved i.e. purchase

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

bogus long term capital gain and claimed the amount as exempt u/s 10(38) of the LT. Act by way of taking accommodation entry. The purchase

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

bogus Long Term Capital Gains to large number of persons in lieu of unaccounted cash. The basic objective of this racket is to convert black money into white without payment of Income Tax. The unaccounted cash of such persons [beneficiaries] is utilized to purchase

ACIT CENTRAL-2 INDORE, INDORE vs. SHRI .GAURAV TEKRIWAL, INDORE

In the result, this appeal of Revenue is dismissed

Bench: Ms. Madhumita Roy & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2015-16 Acit, Central -2 Shri Gaurav Tekriwal Indore बनाम/ 204, Princess Valley, South Tukoganj, Indore Vs. (Appellant / Revenue) (Respondent / Revenue) Pan: Acppt 1628 Q Assessee By Shri Anil Kamal Garg, Arpit Gaur, Ars Revenue By Shri P.K. Mitra, Cit-Dr Date Of Hearing 21.09.2022 Date Of Pronouncement 21.11.2022

long-term capital loss of Rs. 80,23,177/- from sale of shares. 26. Facts qua this issue are such that the assessee was holding 3,74,193 shares of M/s Pitampur Poly Products Ltd., which were sold to Smt. Suchitra Agarwal for Rs. 56,12,895/- on 26.03.2015. These shares were purchased in the year

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

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

Long Term Capital Gain, bogus Short Term Capital Gains and bogus Short Term Capital Loss/ bogus business loss through trading of shares of penny stocks ……………” From the above, following is made out – a. Ld. AO has made a very general and vague reference to conduct of search by the Department by using the term ‘various’ for all the stakeholders involved

PRAYANK JAIN,INDORE vs. ACIT5(1), INDORE

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

Long Term Capital Gain, bogus Short Term Capital Gains and bogus Short Term Capital Loss/ bogus business loss through trading of shares of penny stocks ……………” From the above, following is made out – a. Ld. AO has made a very general and vague reference to conduct of search by the Department by using the term ‘various’ for all the stakeholders involved

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

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

Long Term Capital Gain, bogus Short Term Capital Gains and bogus Short Term Capital Loss/ bogus business loss through trading of shares of penny stocks ……………” From the above, following is made out – a. Ld. AO has made a very general and vague reference to conduct of search by the Department by using the term ‘various’ for all the stakeholders involved

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

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

Long Term Capital Gain, bogus Short Term Capital Gains and bogus Short Term Capital Loss/ bogus business loss through trading of shares of penny stocks ……………” From the above, following is made out – a. Ld. AO has made a very general and vague reference to conduct of search by the Department by using the term ‘various’ for all the stakeholders involved

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

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

Long Term Capital Gain, bogus Short Term Capital Gains and bogus Short Term Capital Loss/ bogus business loss through trading of shares of penny stocks ……………” From the above, following is made out – a. Ld. AO has made a very general and vague reference to conduct of search by the Department by using the term ‘various’ for all the stakeholders involved

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

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

Long Term Capital Gain, bogus Short Term Capital Gains and bogus Short Term Capital Loss/ bogus business loss through trading of shares of penny stocks ……………” From the above, following is made out – a. Ld. AO has made a very general and vague reference to conduct of search by the Department by using the term ‘various’ for all the stakeholders involved

SMT. RUKMANI KHANDELWAL,INDORE vs. ITO-4(3), INDORE

In the result, all the captioned appeals filed by different

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

bogus; in Radheyshyam Khandelwal & Ors ITA No.7,8,29,30,& 113/Ind/2019 fact no real capital gain have been earned by the assessee as the observation made by Ld. A.O, rather the same has been introduced from undisclosed sources. Ultimately the exemption on account of Long Term Capital Gain to the tune of Rs.23,25,000/- on the said alleged penny

MOHANLAL KHANDELWAL,INDORE vs. THE ITO-4(1), INDORE

In the result, all the captioned appeals filed by different

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

bogus; in Radheyshyam Khandelwal & Ors ITA No.7,8,29,30,& 113/Ind/2019 fact no real capital gain have been earned by the assessee as the observation made by Ld. A.O, rather the same has been introduced from undisclosed sources. Ultimately the exemption on account of Long Term Capital Gain to the tune of Rs.23,25,000/- on the said alleged penny

SHRI SURESH KHANDELWAL,INDORE vs. THE ITO-4(1), INDORE

In the result, all the captioned appeals filed by different

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

bogus; in Radheyshyam Khandelwal & Ors ITA No.7,8,29,30,& 113/Ind/2019 fact no real capital gain have been earned by the assessee as the observation made by Ld. A.O, rather the same has been introduced from undisclosed sources. Ultimately the exemption on account of Long Term Capital Gain to the tune of Rs.23,25,000/- on the said alleged penny

RADHESHYAM KHANDELWAL,INDORE vs. ACIT4(1), INDORE

In the result, all the captioned appeals filed by different

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

bogus; in Radheyshyam Khandelwal & Ors ITA No.7,8,29,30,& 113/Ind/2019 fact no real capital gain have been earned by the assessee as the observation made by Ld. A.O, rather the same has been introduced from undisclosed sources. Ultimately the exemption on account of Long Term Capital Gain to the tune of Rs.23,25,000/- on the said alleged penny

SMT. SANDHYA KHANDELWAL,INDORE vs. ITO 4(3), INDORE

In the result, all the captioned appeals filed by different

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

bogus; in Radheyshyam Khandelwal & Ors ITA No.7,8,29,30,& 113/Ind/2019 fact no real capital gain have been earned by the assessee as the observation made by Ld. A.O, rather the same has been introduced from undisclosed sources. Ultimately the exemption on account of Long Term Capital Gain to the tune of Rs.23,25,000/- on the said alleged penny

VIJAY RADHESHYAM NYATI HUF,DHAR vs. ITO, DHAR

In the result appeals of the assessee(s) namely Kumari

Bench: Hon'Ble Manish Borad & Hon'Ble Madhumita Royassessment Year:2014-15 Kumari Ayushi Nyati Ito, 5(5) 10, Balaji Vihar, 1-2, Maa Durg Indore बनाम/ Nagar, Navlakha Main Road 1 To Vs. 7, Indore (Appellant) (Revenue ) P.A. No.Ajppn2679C Assessment Year:2014-15 Smt. Vijaya Nyati, Ito, Dhar 5 Nyati House, Mandi Road बनाम/ Dhammod, Dist: Dhar M.P. Vs. (Appellant) (Revenue ) P.A. No.Aappn8302B Assessment Year:2014-15 Shri Vijay Kumar Radheshyam Ito, Dhar Nyati, Huf बनाम/ 5 Nyati House, Mandi Road Vs. Dhammod, Dist: Dhar M.P. (Appellant) (Revenue ) P.A. No.Aachv4415Q

Long Term Capital Gains claimed by the assessee in respect of purchase and sale of penny stock were treated as bogus

SMT. MAMTA NYATI DHAMNOD DISTT. DHAR,DHAMNOD vs. ITO DHAR, DHAR

In the result appeals of the assessee(s) namely Kumari

Bench: Hon'Ble Manish Borad & Hon'Ble Madhumita Royassessment Year:2014-15 Kumari Ayushi Nyati Ito, 5(5) 10, Balaji Vihar, 1-2, Maa Durg Indore बनाम/ Nagar, Navlakha Main Road 1 To Vs. 7, Indore (Appellant) (Revenue ) P.A. No.Ajppn2679C Assessment Year:2014-15 Smt. Vijaya Nyati, Ito, Dhar 5 Nyati House, Mandi Road बनाम/ Dhammod, Dist: Dhar M.P. Vs. (Appellant) (Revenue ) P.A. No.Aappn8302B Assessment Year:2014-15 Shri Vijay Kumar Radheshyam Ito, Dhar Nyati, Huf बनाम/ 5 Nyati House, Mandi Road Vs. Dhammod, Dist: Dhar M.P. (Appellant) (Revenue ) P.A. No.Aachv4415Q

Long Term Capital Gains claimed by the assessee in respect of purchase and sale of penny stock were treated as bogus