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

6. RADHIKA GARG & ANR. Vs. ITO & ANR. (DELHI TRIBUNAL) – (2019) - 55 CCH 0002 – (Pages 133 – 150 of Case Laws Paper Book) 7. VIDHI MALHOTRA & ANR. Vs. ITO & ANR. (DELHI TRIBUNAL) – (2018) - 54 CCH 0429 – (Pages 151 – 156 of Case Laws Paper Book) 8. AMAR NATH GOENKA & ORS. Vs. ACIT & ORS. (DELHI TRIBUNAL) – (2018) - 54 CCH 0344 – (Pages

KUMARI AYUSHI NYATI,INDORE vs. ITO-5(5), INDORE

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

6. RADHIKA GARG & ANR. Vs. ITO & ANR. (DELHI TRIBUNAL) – (2019) - 55 CCH 0002 – (Pages 133 – 150 of Case Laws Paper Book) 7. VIDHI MALHOTRA & ANR. Vs. ITO & ANR. (DELHI TRIBUNAL) – (2018) - 54 CCH 0429 – (Pages 151 – 156 of Case Laws Paper Book) 8. AMAR NATH GOENKA & ORS. Vs. ACIT & ORS. (DELHI TRIBUNAL) – (2018) - 54 CCH 0344 – (Pages

SMT VIJAYA NYATI, 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

6. RADHIKA GARG & ANR. Vs. ITO & ANR. (DELHI TRIBUNAL) – (2019) - 55 CCH 0002 – (Pages 133 – 150 of Case Laws Paper Book) 7. VIDHI MALHOTRA & ANR. Vs. ITO & ANR. (DELHI TRIBUNAL) – (2018) - 54 CCH 0429 – (Pages 151 – 156 of Case Laws Paper Book) 8. AMAR NATH GOENKA & ORS. Vs. ACIT & ORS. (DELHI TRIBUNAL) – (2018) - 54 CCH 0344 – (Pages

SHRI NILESH JAIN HUF,INDORE vs. ITO 4(2), INDORE

In the result Ground No.2 of the assessee’s

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

Capital Gain from sale of equity shares has duly considered the judgment of Hon’ble Supreme Court in the case of Suman Poddar V/s ITO (supra) and has confirmed the order of the Tribunal stating it to be the last fact finding authority who on the basis of evidence brought on record has rightly came to the conclusion that

PRITESH JAIN HUF,INDORE vs. ITO 4 (2), INDORE

In the result Ground No.2 of the assessee’s

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

Capital Gain from sale of equity shares has duly considered the judgment of Hon’ble Supreme Court in the case of Suman Poddar V/s ITO (supra) and has confirmed the order of the Tribunal stating it to be the last fact finding authority who on the basis of evidence brought on record has rightly came to the conclusion that

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

capital gain and assessed the income of Rs. 3,25,00,000/- as income from other sources by holding thus: “5.8 A notice under section 133(6

VISHAL GIFT CENTRE - LLP,INDORE vs. ACIT CENTRAL CIRCLE - 1, INDORE

Appeal is allowed for statistical purposes

133 taxmann.com 15 (Indore – Trib.)\nfor AY 2014-15, the relevant paras of order of ITAT are re-produced below:\n\"Ground Nos.1 to 3:\n2. In ground nos.1 to 3, the assessee has challenged the finding of Ld. CIT(A)\nconfirming the addition of Rs.88,78,365/-made by the Ld. Assessing Officer\non account of long-term capital

DCIT-1(1), BHOPAL vs. SHRI PRAKASH BHOJWANI, BHOPAL

Appeal is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2010-11 Dy. Cit, Shri Prakash Bhojwani, 1(1), H.No. 7, Parika Phase-I, Bhopal Walmi Road, बनाम/ Chuna Bhatti, Vs. Bhopal (Revenue / Respondent) (Assessee / Appellant) Pan: Abvpb 8825 E Assessee By Shri Ashish Goyal & Shri N.D. Patwa, Ars Revenue By Shri Harshit Bari, Sr. Dr Date Of Hearing 02.11.2023 Date Of Pronouncement 02.01.2024

section 43(5). The remaining transactions have resulted in short term capital gain. Therefore, the AO’s action in treating the entire short term capital of Rs. 57,28,867/- as business income was incorrect, unjustified and arbitrary. In the facts and circumstances of the case, the amount of Rs. 7,52,383/- only pertaining to the intraday sale

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

6 Shaligram Borad 2 FDR’s as prepared for Rs 46,13,000/- was on account of capital gain scheme or not was not examined by the assessing officer 3 Deduction as claimed for construction of House was not correct for Rs 43,31,991/-. 2.2] The Pr CIT. has therefore passed an order under section

HARPREET KAUR,BHOPAL vs. INCOME-TAX OFFICER, 5(2), BHOPAL, BHOPAL

Appeal is allowed in terms mentioned above

133(6) of\nthe 'Act' as well as while making statement u/s 131 of the 'Act'\nalthough it was not found fully convincible but from the facts so\nsurfaced it is evident that the buyer has not adequate source of fund\nto buy the property even at the consideration of Rs.4,10,000/-. Hence,\nby no stretch of imagination

SHRI HAKIMUDDIN KHAMBATI,INDORE vs. ITO-4(4) RANGE-4, INDORE

In the result appeal of the assessee in ITA No

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

6 Copy of ledger account of the appellant in 81 the books of M/s Arihant Capital Markets Limited for the previous year 2013-14. 7 Copy of bank statement of the appellant 82-83 duly reflecting the sale proceeds as realized on sale of shares Hakumuddin Khambati & Anr ITA No.288 & 410/Ind/2019 14. Similar documents were also filed by another assessee

SMT. MANISHA AGRAWAL,INDORE vs. THE ITO-4 (3), INDORE

In the result appeal of the assessee in ITA No

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

6 Copy of ledger account of the appellant in 81 the books of M/s Arihant Capital Markets Limited for the previous year 2013-14. 7 Copy of bank statement of the appellant 82-83 duly reflecting the sale proceeds as realized on sale of shares Hakumuddin Khambati & Anr ITA No.288 & 410/Ind/2019 14. Similar documents were also filed by another assessee

SHRI ABHISHEK GUPTA,INDORE vs. ITO-5(5), INDORE

In the result, this appeal of assessee is dismissed

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani

133(6) to those persons. In the notices, Ld. AO called upon those persons to submit the relevant details. However, none of them responded. 8. Based on above observations, the Ld. AO inferred that the capital gain declared by the assessee is not genuine and the same has been arranged by the assessee so as to claim benefit of section

SMT. PUSHPA AGRAWAL,INDORE vs. ITO WARD 5(2), INDORE, AAYKAR BHAWAN, OPPOSITE WHITE CHURCH, RESIDENCY AREA, INDORE

Appeal is allowed

capital gain was not taxable.", "result": "Allowed", "sections": ["147", "148", "143(3)", "54B", "2(14)(iii)(b)", "133(6)", "271(1)(c)"], "issues

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

capital gain 44,81,373 5 Addition of amounts paid by WCS 35,50,000 6 Disallowance u/s 40A(3) 14,34,307 Assessed income 8,42,92,165 4. Aggrieved by the additions/disallowances made by AO, the assessee carried matter in first-appeal and succeeded partly. Now, the revenue has come in this appeal on various grounds assailing

THE ITO-2(2), INDORE vs. SMT. MOHAN BAI POKHRANA, INDORE

In the result, appeal of the Revenue is dismissed

Bench: Shri C.M. Garg, Jm & Shri O.P.Meena, Am आ.अ.सं./ I.T.A. No.468/Ind/2013 "नधा"रण वष"/ Assessment Year: 2009-10

6 months from the date of sale of asset for purchasing REC Bonds. The learned counsel for the assessee, has relied in the case of CIT v. Akbar Ali Dhala [I.T.A. No. 49 of 2014 dtd 14-07- 2014] of Hon`ble Madras High Court wherein it was held that Para 7 That there is no hard and fast rule

THE ADDL. CIT RANGE -1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

gainfully refer to the decision in the case of BEW Cable & Conductors Pvt Ltd in'lTA No.l070/Kol/2012 dated 03.02.2016 wherein on similar facts and circumstances, the co-ordinate Bench of this Tribunal had deleted the disallowance ofk loss incurred by the assessee in commodity transactions on NMCE during FY 2008-09, which was disallowed by the AO on the ground

THE ACIT ,CENTRAL-1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

gainfully refer to the decision in the case of BEW Cable & Conductors Pvt Ltd in'lTA No.l070/Kol/2012 dated 03.02.2016 wherein on similar facts and circumstances, the co-ordinate Bench of this Tribunal had deleted the disallowance ofk loss incurred by the assessee in commodity transactions on NMCE during FY 2008-09, which was disallowed by the AO on the ground