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

section 10(38), hence, addition cannot be made in the hands of assessee without rebutting the documentary evidences and without conducting investigation to discard the said documents. The case laws so relied by assessee are tabulated below: Particulars Copy of judgment of Hon’ble Punjab and Haryana High Court in the case of PCIT vs Prem Pal Gandhi

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

section 10(38), hence, addition cannot be made in the hands of assessee without rebutting the documentary evidences and without conducting investigation to discard the said documents. The case laws so relied by assessee are tabulated below: Particulars Copy of judgment of Hon’ble Punjab and Haryana High Court in the case of PCIT vs Prem Pal Gandhi

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

section 10(38), hence, addition cannot be made in the hands of assessee without rebutting the documentary evidences and without conducting investigation to discard the said documents. The case laws so relied by assessee are tabulated below: Particulars Copy of judgment of Hon’ble Punjab and Haryana High Court in the case of PCIT vs Prem Pal Gandhi

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

section 10(38), hence, addition cannot be made in the hands of assessee without rebutting the documentary evidences and without conducting investigation to discard the said documents. The case laws so relied by assessee are tabulated below: Particulars Copy of judgment of Hon’ble Punjab and Haryana High Court in the case of PCIT vs Prem Pal Gandhi

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

section 10(38), hence, addition cannot be made in the hands of assessee without rebutting the documentary evidences and without conducting investigation to discard the said documents. The case laws so relied by assessee are tabulated below: Particulars Copy of judgment of Hon’ble Punjab and Haryana High Court in the case of PCIT vs Prem Pal Gandhi

SHRI KRISHNA MOHAN CHOURSIYA, RAJGARH vs. ITO, RAJGARH

In the result, the assessee’s appeal i

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year: 2014-15

10,45,000/- * 1,000/5,000). We find that the Assessing Officer worked out the amount of capital gain on compulsory acquisition of part of the house of the assessee as under: Full value of consideration i.e. compensation received on compulsory acquisition of part of house – Rs.8,03,041/- Proportionate cost of part of the house demolished and compulsorily acquired

JAI PRAKASH NARAYAN SHARMA,INDORE vs. ASSISTANT COMMISSIONER OF INCOME TAX-2(1), INDORE

Appeal is allowed for statistical purpose

26,02,377\nCapital gain exempt as per section 54F\n1,75,00,834\n(19025095*12602377/13700000)\nTaxable gain\n15,24,261\nIn support of our claim, we wish to rely on various decisions as below.\n1) Smt Sabita Devi Agrawal Vs ITO Siliguri(ITA 1231 of 2016)\nKolkata ITAT Bench A dated 19/12/2018\nJai Prakash Narayan Sharma\nITA

IMRAN KHAN,BHOPAL vs. THE ITO2 (2), BHYOPAL

In the result the issue No

Bench: Shri Vijay Pal Rao & Shri Manish Boradimran Khan Ito 2(2) S/O Sh. Gulab Khan H. No.35 Bhopal Village-Inayatpura Kolar Board, Vs. Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Ckqpk5708M Assessee By Shri Niranjan Purandar Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 02.01.2023 Date Of Pronouncement 11.01.2024

capital gains are concerned. The word "assessee"- must be given wide and liberal interpretation so as to include his legal heirs also. There is no warrant for giving too strict an interpretation to the word "assessee" as that would frustrate the object of granting exemption. I1. We also find judgments of other. High Courts giving benefit of Section

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

10 of Paper-Book) to the effect that the shares were held in Broker’s Pool A/c from date of purchase (09.01.2009) on assessee’s behalf. Ld. AR contended that these documentary evidences are not rebutted or disputed by AO but the AO has treated the capital gain declared by assessee as non-genuine precisely for the reason that there

PRADEEP PINJANI,BHOPAL vs. ITO-1(2), BHOPAL

Appeal is allowed as mentioned above

capital gain\ndeclared by assessee from those properties in this manner is not valid and\nnot sustainable.\n\n13. Ld. AR relied upon a decision of ITAT, Delhi Bench in Urban\nImprovement Co. (P) Ltd. Vs. ITO-Ward 27(2), Delhi, ITA No.\n7496/Del/2019 wherein the ITAT has deleted the addition made by\nassessing authority u/s 43CA beyond the scope

KESHAV KANUNGO,BHOPAL vs. ACIT2(1) BHOPAL, BHOPAL

Appeal is allowed in terms mentioned above

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2015-16 Keshav Kanungo, Acit, Flat No. A-603, Circle-2(1), Virasha Heights, Bhopal बनाम/ Near Danish Bridge, Vs. Bhopal (Appellant/Assessee) (Respondent/Revenue) Pan: Abvpk 2942 F Assessee By Ms. Nisha Lahoti, Ar Revenue By Shri Ashish Porwal, Sr Dr Date Of Hearing 12.02.2024 Date Of Pronouncement 26.02.2024

capital gain account within Page 3 of 10 Keshav Kanungo, Bhopal ITA No. 263/Ind/2023 – AY 2015-16 the prescribed time limit but he could invest only Rs. 49,18,500/- in purchase of new flat hence, he offered Rs. 26,48,811/- in A.Y. 2018-19 as per the proviso to section

SHRI GOPAL TAYAL,SENDHWA vs. THE ITO SENDHWA, SENDHWA

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

capital gain of Rs. 26,72,311/- which was claimed exempt under Section 10(38) of the Act. 5. Before

SHRI VRINDAVAN TAYAL,SENDHWA vs. THE ITO SENDHWA, SENDHWA

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

capital gain of Rs. 26,72,311/- which was claimed exempt under Section 10(38) of the Act. 5. Before

GOVARDHAN TAYAL,SENDHWA vs. THE ITO SENDHWA, SENDHWA

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

capital gain of Rs. 26,72,311/- which was claimed exempt under Section 10(38) of the Act. 5. Before

SHRI GAURAV TAYAL,SENDHWA vs. THE ITO SENDHWA, SENDHWA

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

capital gain of Rs. 26,72,311/- which was claimed exempt under Section 10(38) of the Act. 5. Before

MANORAMA DEVI SHARMA,INDORE vs. ITO-3(1), INDORE

In the result, appeals of the assessee(s) namely Smt

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing Assessment Year 2014-15

26. In the result, the appeal of the assessee is allowed.” Smt. Manorama Devi Sharma & Shri Prakash Bajaj ITA Nos. 39 & 489/Ind/2019, 20. We have also observed that the above referred decision of Co- ordinate Bench of Mumbai and Jaipur has dealt in the issue of relating Long Term Capital Gain eared from sale of equity shares

PRATAP BAJAJ,INDORE vs. ITO-4(1) INDORE, INDORE

In the result, appeals of the assessee(s) namely Smt

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing Assessment Year 2014-15

26. In the result, the appeal of the assessee is allowed.” Smt. Manorama Devi Sharma & Shri Prakash Bajaj ITA Nos. 39 & 489/Ind/2019, 20. We have also observed that the above referred decision of Co- ordinate Bench of Mumbai and Jaipur has dealt in the issue of relating Long Term Capital Gain eared from sale of equity shares

KUSUM YADAV,INDORE vs. ITO 1(2), INDORE

In the result, the appeal of the assessee bearing ITA No

gains at Rs.67,83,693/- being the net of market value as per the\nregistration authorities fixed at Rs.74,10,000/- minus the cost of acquisition\nof the said land at Rs.6,26,307/- Out of the net taxable short term capital\ngains, the AO has allowed deduction to the tune of Rs.28,00,000/- u/s.54B of\nthe Act after