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

139 Rs. 9,98,610 Add: Capital Gain exempt u/s 10(38) Rs. treated as unexplained cash credit u/s 1,40,95,302 68 Add: Alleged charges on transaction Rs. 4,22,859 Rs. 1,55,16,771 5. The appellant contested the addition made before the H’ble CIT (A), wherein the additions were sustained and consequently the present

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

139 Rs. 9,98,610 Add: Capital Gain exempt u/s 10(38) Rs. treated as unexplained cash credit u/s 1,40,95,302 68 Add: Alleged charges on transaction Rs. 4,22,859 Rs. 1,55,16,771 5. The appellant contested the addition made before the H’ble CIT (A), wherein the additions were sustained and consequently the present

GOVERDHAN LAL YADAV,INDORE vs. INCOME TAX OFFICER-3(5), INDORE

Appeal is allowed

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year : 2015-16 Goverdhan Lal Yadav, Ito-3(5) 112/12, Nanda Nagar, Indore बनाम/ Opp. Anoop Takies, Vs. Indore (Revenue / Appellant) (Assessee / Respondent) Pan: Aaypy9432A Assessee By Shri Venus Rawka, Ar Revenue By Shri Anoop Singh, Cit-Dr Date Of Hearing 22.07.2025 Date Of Pronouncement 24.07.2025 आदेश/ O R D E R

capital gains account scheme before the due date prescribed under Section 139(1) of the IT Act ? " This was answered by Hon'ble High Court as follows : "As is clear from Sub-Section (4

SHRI SURESH AGRAWAL,INDORE vs. THE ITO -5(3), INDORE

In the result, appeal filed by the assessee is partly allowed

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

4 of 12 Shri Suresh Agrarwal, Indore vs. ITO5 (3) /ITA No. 251/Ind/2016/A: Y: 2011-12 long-term capital gains by taking sale consideration at Rs. 14 lakhs without considering deduction u/s. 54D and 54F for the detailed reasons discussed in the assessment order. The CIT (A) was of the view that the appellant has not filed specific ground

SHRI KAILASH BHAGWAN CHOUDHARY,INDORE vs. THE ITO 2(3), INDORE

In the result, the appeal filed by the assessee is partly

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2011-12

4) of the Act. For the sake of clarity, section 54B(2) of the Act is reproduced as under: Section 54B(2): The amount of the capital gain which is not utilised by the assessee for the purchase of the new asset before the date of furnishing the return of income under section 139

SMT SHILPA DESAI ,INDORE vs. THE PR CIT -1, INDORE

In the result, the assessee’s appeal i

Bench: Shri Mahavir Prasad & Shri Manish Borad(Virtual Hearing) Assessment Year: 2015-16 Smt. Shilpa Desai, Indore Pan – Abzpd 4926 A … Appellant Vs. Pcit-I, Indore … Respondent

Capital Gain Deposit scheme is allowable or not is concerned, the learned Counsel for the assessee drew our attention to the provision of Sub Clause (4) of Sec. 54F. That Sec 54F (4) of the Act which reads as under:- Sec. 54F(4) “The amount of the net consideration which is not appropriated by the assessee towards the purchase

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

4 of the assessment order. Before coming to a conclusion, we are supposed to analyze section 54B which is applicable where the capital gains arise from the transfer of capital asset and was being used for agriculture purposes which was invested in the purchase of any other land and again being used for agricultural purposes. There is no dispute

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

gain the same proportion as the cost of the new asset bears to the net consideration, shall not be charged under section 45: XXX Explanation.—For the purposes of this section,— "net consideration", in relation to the transfer of a capital asset, means the full value of the consideration received or accruing as a result of the transfer

ACIT(CENTRAL)-1,, INDORE vs. SHRI RAJUL BHARGAVA, INDORE

The appeals of the Revenue are dismissed

Bench: Shri Mahavir Prasad & Shri Manish Borad

capital gains. The Honourable Bombay High Court in the case of Prashant S. Joshi (Supra) has categorically stated that the amounts received by the retiring partner are neither chargeable to tax under section 28(iv) nor under section 28(v). Therefore, the findings 16 Shri Rajul Bhargava, Indore & otr. rendered by the ITSC in the assessees’ own case on this

ACIT(CENTRAL)-1, INDORE, INDORE vs. SHRI RAUNAK MARU, INDORE

The appeals of the Revenue are dismissed

Bench: Shri Mahavir Prasad & Shri Manish Borad

capital gains. The Honourable Bombay High Court in the case of Prashant S. Joshi (Supra) has categorically stated that the amounts received by the retiring partner are neither chargeable to tax under section 28(iv) nor under section 28(v). Therefore, the findings 16 Shri Rajul Bhargava, Indore & otr. rendered by the ITSC in the assessees’ own case on this

BHARAT SHAH,INDORE vs. THE ITO3(4), INDORE

In the result, Assessee’s appeal ITANo

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year: 2013-14

gains" relating to long-term capital assets of the previous year in which such new asset is transferred. 7 Bharat Shah (4) The amount of the net consideration which is not appropriated by the assessee towards the purchase of the new asset made within one year before the date on which the transfer of the original asset took place

SMT. SHWETA AGRAWAL,INDORE vs. THE PR. CIT-2, INDORE

In the result, appeal filed by the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year:2014-15

139 TAXMAN 369 ALL. Smt. Shweta Agrawal /ITANo.280/Ind/2019 When an assessment is done under section 143(3), it is expected that the Assessing Officer will make a detailed enquiry to find. out the correct income of the assessee and not to take the facts placed by the assessee on their face value. No proper enquiry appeared to have been made

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

139 (Trib. – Indore) in similar circumstances it was held by jurisdictional Indore Bench that where the Appellant has held the shares in demat account for a period less than one year the same have to be treated as gains arising from short term capital asset. Page 28 of 37 DCIT v. Ravi Arora Assessment year

SHRI DINESH NIGAM,INDORE vs. INCOME TAX OFFICER 2 (3), INDORE, INDORE

In the result, the appeal of the assessee is partly

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2013-14

4 are allowed for statistical purposes only. 16. Coming to ground No.5, which is against not allowing the deduction u/s 54B of the Act as claimed by the assessee. Ld. Counsel for the assessee reiterated the submissions as made before the Ld. CIT(A). It is contended that the new asset was purchased by the sale consideration of the capital

SHRI SHIV CHARAN SINGH BAIS,BHOPAL vs. THE ITO WD-3(1), BHOPAL

In the result, the appeal of the Assessee is dismissed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2008-09

139] in an account in any such bank or institution as may be specified in, and utilised in Shivcharan Singh accordance with, any scheme30 which the Central Government may, by notification in the Official Gazette, frame in this behalf and such return shall be accompanied by proof of such deposit; and, for the purposes of sub-section (1), the amount

DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL)-1, BHOPAL vs. DILIP BUILDCON LIMITED, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

capital receipts or insurance claims and (c) All payments by MPRDC M/s. Dilip Buildcon Ltd. ITA No.782/ind/2018 & others including annuity after deduction of any outstanding concession fee. Financial close The responsibility of financial closure is Article 24 at 157 13 performed by the appellant within 180 internal days page 83 of the agreement 14 Termination Save as otherwise provided

SHRI DILIP BUILDCON LTD,BHOPAL vs. DCIT CENTRAL -1, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

capital receipts or insurance claims and (c) All payments by MPRDC M/s. Dilip Buildcon Ltd. ITA No.782/ind/2018 & others including annuity after deduction of any outstanding concession fee. Financial close The responsibility of financial closure is Article 24 at 157 13 performed by the appellant within 180 internal days page 83 of the agreement 14 Termination Save as otherwise provided

DILIP BUILDCON LIMITED,BHOPAL vs. DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL)-1, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

capital receipts or insurance claims and (c) All payments by MPRDC M/s. Dilip Buildcon Ltd. ITA No.782/ind/2018 & others including annuity after deduction of any outstanding concession fee. Financial close The responsibility of financial closure is Article 24 at 157 13 performed by the appellant within 180 internal days page 83 of the agreement 14 Termination Save as otherwise provided