PAWAN KUMAR CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

capital gains earned during the year were duly disclosed. The case was not picked up for scrutiny. The time limit to issue notice u/s 143(2) for the year had already expired on 30/09/2011. No proceedings were pending against the assessee for this year on the date of search. Hence, it was non- abated year. Therefore, the addition, which could

MANISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

capital gains earned during the year were duly disclosed. The case was not picked up for scrutiny. The time limit to issue notice u/s 143(2) for the year had already expired on 30/09/2011. No proceedings were pending against the assessee for this year on the date of search. Hence, it was non- abated year. Therefore, the addition, which could

DCIT (CENTRAL), BHOPAL vs. SHAILENDRA SHARMA, BHOPAL

In the result the appeals of the assessee for the Assessment

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

capital gain in assessment year 2000-01) should be determined after hearing objections. He should determine the question in the case of one person (in this case of the other person (in this case in other year) in whose case assessment has to be made protectively. Thus, protective assessment has to be done only after substantive assessment is done

NILIMA KOTHARI,INDORE vs. THE INCOME TAX OFFICER, NATIONAL FACELESS ASSTT. CENTRE, INDORE

In the result appeal of the assessee is allowed as per terms indicated above

Bench: Shri Manish Boradsmt. Neelima Kothari, Income Tax Officer, 601, N.R.K. Villas, Delhi Vs. 22/2 Manoramaganj, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Adnpk7832J Assessee By Shri S.S. Deshpande, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 08.08.2024 Date Of Pronouncement 20.09.2024

gain earned on sale of equity shares at Rs.24,39,177/- was claimed as exempt under section 10(38) of the Act. Notice under section 148 of the Act was issued on 19.04.2021based on information received from SEBI, regarding purchase/sale transactions in equity shares of M/s.Goyenka Business and Finance Limited on the ground that such scrip was“Penny stock

THE ACIT, CENTRAL-2, INDORE vs. M/S. CHUGH REALTY, INDORE

In the result, the appeals of the Revenue for the A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad(Virtual Hearing)

gain arising from transfer of such capital asset has to be charged only under the provisions of s.45 of the Act. We find merit in the argument of the AR that under provisions of clause (b) of section 153A

THE ACIT, CENTRAL-2, INDORE vs. SHRI NITESH CHUGH, INDORE

In the result, the appeals of the Revenue for the A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad(Virtual Hearing)

gain arising from transfer of such capital asset has to be charged only under the provisions of s.45 of the Act. We find merit in the argument of the AR that under provisions of clause (b) of section 153A

THE ACIT, CENTRAL-2, INDORE vs. SHRI MOHANLAL CHUGH, INDORE

In the result, the appeals of the Revenue for the A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad(Virtual Hearing)

gain arising from transfer of such capital asset has to be charged only under the provisions of s.45 of the Act. We find merit in the argument of the AR that under provisions of clause (b) of section 153A

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

capital gain on sale of shares at Rs.3,67,49,555/- and claimed as exempt. In a statement made under 132(4) of the Act the assessee has surrendered an amount of Rs.15 crores as undisclosed money, and out of which in the return filed in response to the notice under section 153A

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

capital gain on sale of shares at Rs.3,67,49,555/- and claimed as exempt. In a statement made under 132(4) of the Act the assessee has surrendered an amount of Rs.15 crores as undisclosed money, and out of which in the return filed in response to the notice under section 153A

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

capital gain on sale of shares at Rs.3,67,49,555/- and claimed as exempt. In a statement made under 132(4) of the Act the assessee has surrendered an amount of Rs.15 crores as undisclosed money, and out of which in the return filed in response to the notice under section 153A

SHANKAR SEWANI,NEW MARKET vs. ASSESSING OFFICER, AAYKAR BHAWAN

In the result appeal of the assessee is allowed for statistical

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Shankar Sewani, Dcit-1(1), 10 Kala Niketan, Bhopal New Market, Vs. T.T. Nagar, Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Adkps6959H Assessee By Ms. Nisha Lahoti, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 10.07.2024 Date Of Pronouncement 12.07.2024 O R D E R

capital gain arising from the sale of immoveable property. 6 Shankar Sewani 5. As regards the documents seized during the course of search operation in case of Signature Group the issue raised by the assessee cannot be decided conclusively in the absence of date of alleged search and seizure operation because in any case the proceedings u/s 153C could have

ANAND PRAKASH KAMDAR,BHOPAL vs. ACIT-1(1), BHOPAL

Bench: Shri Chandra Mohan Garg & Shri B.M. Biyaniassessment Year: 2010-11 Anand Prakash Kamdar Acit-1(1) E-4/188, Bhopal बनाम/ Arera Colony, Vs. Bhopal (Appellant / Assessee) (Respondent / Revenue) Pan: Afopk0788A Assesseeby S/Shri Sumit Nema, Sr. Adv.& Gagan Tiwari Adv. Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 17.11.2022 Date Of Pronouncement 20.01.2023

capital gain of Rs. 36,76,886/- derived from sale of urban agricultural land and claiming exemption of Rs. 36,76,886/- u/s 54B on the basis of investment made in another agricultural land and thereby offering taxable gain at Rs. Nil, which was accepted by the authorities. Thereafter, during the course of search- proceeding undertaken by department, a document

M/S SWADESH DEVLOPERS AND BUILDERS,BHOPAL vs. ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL)-2, BHOPAL

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

Capital Gain at Rs. 1,82,94,410/- but the ld. AO was of the view that the assessee being engaged in the real estate business, such income from sale of land needs to be taxed as business income and accordingly treated the income of the assessee as business income and calculated tax accordingly. Income of the assessee

M/S BANSAL EXTRACTION & EXPORT P LTD,BHOPAL vs. DCIT,CENTRAL-1, BHOPAL

In the result, the appeal of assessee is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S. Bansal Extraction & Dcit Export Pvt. Ltd. Central-1 3Rd Floor Tawa Complex, Bittan Bhopal Vs. Market E-4, Arera Colony, Bhopal (Appellant / Assessee) (Revenue) Pan: Aadcb 7521 M Assessee By Shri Anil Khabya, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 05.09.2023 Date Of Pronouncement 20.09.2023

153A of the Act. Subsequently, this return was revised on 27.01.2014 and total income was shown at Rs. 80,70,896/-. In the revised return the appellant offered income from undisclosed source of Rs. 2,25,00,000/- which has been shown under the head" Income from other source" in the computation of income filed along-with return of income

RAKESH KUMAR SOMANI,KHANDWA vs. ITO-1, KHANDWA, KHANDWA

In the result, both the appeals are dismissed

Bench: Shri Manish Boradrakesh Kumar Somani, Ito-1, 10, Ramganj Road, Khandwa Vs. Khandwa (M.P) (Appellant / Assessee) (Respondent/ Revenue) Pan: Azgps3988J Assessee By Shri S.N. Agrawal, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 29.07.2024 Date Of Pronouncement 31.07.2024 O R D E R

section 147 of the Income-Tax Act, 1961 even when reopening was done in absence of any tangible material and live link of concealment of income more so when it was held by the Ld. CIT(A) while deciding the appeal in the case of the appellant for the Assessment Year 2013-14 that Sauda Chitthi found during the course

ACIT CENTRAL-2, BHOPAL vs. SHRI SANJEEV AGRAWAL, BHOPAL

Bench: Shri Chandra Mohan Garg & Shri Bhagirath Mal Biyaniassessment Year: 2012-13 The Acit (Central)-2, Shri Sanjeev Agrawal, Bhopal, Mp-462011 H.No.E-2/134, Arera Colony, Vs. Bhopal, Mp-452016 Pan Adhpa8387N (Appellant) (Respondent) For Revenue : Shri P.K. Mishra, Cit(Dr) For Assessee : Shri S. S. Deshpande, Ca Shri Satyajeet Chatterjee, Ca

153A of the Act against the assessee. 26. On careful consideration of above rival submission from the stand of the AO and conclusion drawn by Ld. CIT(A) in paras 4.6 to 4.6.3 we clearly note that the AO proceeded to make addition in the hands of the assessee merely because the name assessee was appeared in the diary seized

VIMAL TODI,INDORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX, INDORE

Appeals are allowed

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

153A was passed by AO - 27.12.2017 (ii) Date on which the AO made reference to Competent Officer for imposition of penalty – 13.06.2018 (iii) Date on which the Competent Officer issued show-cause notice to assessee u/s 274 – 29.10.2018 (iv) Date on which the penalty-orders were passed by Competent Officer – 28.03.2019 9. Then, Ld. AR referred the very same provision

VIMAL TODI,INDORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX, INDORE

Appeals are allowed

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

153A was passed by AO - 27.12.2017 (ii) Date on which the AO made reference to Competent Officer for imposition of penalty – 13.06.2018 (iii) Date on which the Competent Officer issued show-cause notice to assessee u/s 274 – 29.10.2018 (iv) Date on which the penalty-orders were passed by Competent Officer – 28.03.2019 9. Then, Ld. AR referred the very same provision