SMT. ANNAPURNA MAHESHWARI,INDORE vs. THE ACIT, 4(1), INDORE

In the result I.T.A.No.315/Ind/2012& I

Bench: Shri Kul Bharat & Shri Manish Borad

155, Anoop Nagar, Indore (Appellant) (Respondent ) PAN No. AAIHP8501M Revenue by Shri P.K. Mitra, Sr.DR Assessee by S/Shri Sumit Neema, Sr.Adv & Pankaj Shah,CA Date of Hearing 15.10.2018 Date of Pronouncement 31.10.2018 O R D E R PER MANISH BORAD, AM. The above captioned three appeals are filed at the instance of different assessees. ITA No.315/Ind/2012 & ITA No.252/Ind/2016 Annapurna Maheshwari

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

section 56 of the Act.” 7. During appellate proceeding, Ld. CIT(A) reversed the action of Ld. AO. Ld. CIT(A) accepted assessee’s claim of long-term capital gain by observing as under: “4.3 I have duly considered tire facts of the case, the AO's order and the appellant’s written submission find that in support

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 CDR, UDAI SINGH,BHOPAL vs. THE ACIT 3(1), BHOPAL

In the result, the appeal of the assessee is allowed

Bench: Shri D.T. Garasia & Shri O.P. Meenaआ.अ.सं./I.T.A. No.791/Ind/2014 "नधा"रण वष" /Assessment Year: 2010-11 Cdr Udaisingh Bhopal Pan – Aglps – 7299C :: अपीलाथ" /Appellant Vs Acit 3(1) :: ""यथ" /Respondent Bhopal Shri Ajay Tulsiyan & "नधा"रती क" ओर से/Assessee By Shri Pankaj Shah Shri K.G. Goyal राज"व क" ओर से/Revenue By 12.1.2017 सुनवाई क" तार"ख Date Of Hearing 19.1.2017 उ"घोषणा क" तार"ख Date Of Pronouncement

capital gains, which was not correctly shown in the original return, does not tantamount to detection of concealment of income u/s. 271(1)(c) CDR Udai Singh of the Act . ITA No.2970/Del./2012 12 Hon’ble Madhya Pradesh High Court in the case of CIT v. S.V. Electricals P. Ltd., 155 Taxman 158 and Hon’ble Jharkhand High Court

GUNVEER SINGH CHHABRA ,INDORE vs. THE PR CIT -1, INDORE

In the result, assessee’s appeal is allowed

Bench: Ms. Madhumita Roy, Judicial Memebr & Shri Bhagirath Mal Biyani

capital gain if, at all, is not eligible to tax. ITA No. 117/Ind/2021 (Gunveer Singh Chhabra vs. PCIT) A.Y. 2015-16 8 11. On the other hand, apart from relying upon the certificate issued by the SDM , the Revenue has come up with the further case that the aerial distance of the land in question from the Municipal limit

HIMANSHU BOTADEARA HUF,INDORE vs. THE ITO 4(3), INDORE

In the result, these two appeals filed by the assesse are

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

Section 144 of the Income-tax Act, 1961, on 24th December, 2018, whereby an addition u/s 68 of the Act was made Page 3 of 12 Himanshu Botadara, HUF, Indore vs. ITO,4(3), Indore. I.T.A.Nos. 155 & 156/Ind/2023 - A.Ys. 2011-12 & 2012-13 to the tune of Rs. 2,09,239/- being bogus long term capital gains

HIMANSHU BOTADEARA HUF,INDORE vs. THE ITO 4(3), INDORE

In the result, these two appeals filed by the assesse are

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

Section 144 of the Income-tax Act, 1961, on 24th December, 2018, whereby an addition u/s 68 of the Act was made Page 3 of 12 Himanshu Botadara, HUF, Indore vs. ITO,4(3), Indore. I.T.A.Nos. 155 & 156/Ind/2023 - A.Ys. 2011-12 & 2012-13 to the tune of Rs. 2,09,239/- being bogus long term capital gains

SMT. SARLA JAIN,KHANDWA vs. ITO WARD 1 KHANDWA, KHANDWA

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2015-16 Smt. Sarla Jain, Ito, C/O Nakoda Marketing, Ward-1, बनाम/ Bhavani Mata Road, Khandwa Khandwa Vs. (Assessee / Appellant) (Revenue / Respondent) Pan: Abvpj1316J Assessee By Shri Pawan Ved, Advocate Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 31.05.2023 Date Of Pronouncement 24.08.2023

155 Taxman 659 (SC), Ld. AR argued that by erroneously assuming jurisdiction, no authority can confer upon itself the jurisdiction which it does not possess. Ld. AR contended that the assumption of jurisdiction by AO u/s 143(2)/143(3) is clearly illegal and deserves to be quashed. 12. To buttress assessee’s understanding, Ld. AR also referred

SMT ANUPAMA ASSWA,INDORE vs. THE PCIT-1, INDORE, INDORE

In the result, assessee’s appeal is allowed

Bench: Ms. Madhumita Roy, Judicial Memebr & Shri Bhagirath Mal Biyaniआयकर अपील सं. / I.T.A. No. 59/Ind/2022 ("नधा"रण वष" / Assessment Year : 2017-18) Smt. Anupama Asawa, Pcit-I, बनाम/ Indore Indore Vs.

capital gains’ in detail and accordingly, the assessment order was held to be erroneous and prejudicial to the interest of Revenue by the Ld. PCIT. 5. Now the assessee is in appeal before the Tribunal challenging the jurisdiction of Ld. PCIT assumed u/s 263 of the Act. 6. Before us, the Ld. Counsel for the assessee submitted that

M/S OMPRAKASH MITTAL,INDORE vs. ITO 2(2), INDORE

In the result, this appeal of assessee is allowed for statistical purposes

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

gain at Rs. Page 5 of 9 M/s Omprakash Mittal Assessment year 2017-18 11,38,020. Section 50C is a deeming provision wherein the fair market value for sale consideration received on an asset is deemed to be taken as per the value assessed or adopted by the stamp valuation authority for the purpose of stamp duty. Sub- section

SHRI VIKRAM SINGH PUAR SON & LR OF LATE TUKOJI ROA PUAR,DEWAS vs. THE PR. CIT-1, BHOPAL

The appeal of the assessee is hereby allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2011-12 Vikram Singh Paur, Pr. Cit Son & Legal Heir Of Late Shri Bhopal बनाम/ Tukoji Rao Puar Vs. Dewas (Appellant) (Revenue ) P.A. No.Agdpp8186B Appellant By Shri Girish Agrawal, Ca Revenue By Shri S.B. Prasad, Cit-Dr Date Of Hearing: 27.01.2020 Date Of Pronouncement: 20 .05.2020 आदेश / O R D E R Per Kul Bharat, J.M: This Appeal By The Assessee Is Directed Against Order Of Pr. Cit, Bhopal Dated 18.03.2016 For The Assessment Year

capital gain and amount of gifts. 5. The income tax proceeding for the assessment years under reference being carried simultaneously before AO-Dewas and AP-Bhopal since 2012. 6. The required information were filed earlier which is clear on the latter dated 25.09.2012 as per annexure-E. 2. Ground no.1 to 3 are against the legality of the order

M/S MADHYA PRADESH MADHYAM,BHOPAL vs. THE ACIT 1(2), BHOPAL

In the result, both the appeals of the assessee i

Bench: Shri Kul Bharat & Shri Manish Borad

capital expenses to be able to sustain and continue in long run. The petitioner ITA 280 of 2014 and ITA 692 of 2013 17 MP Madhyam has to be substantially self-sustaining in long-term and should not depend upon government, in other words taxpayers should not subsidize the said activities, which nevertheless are charitable and fall under the residuary

M/S MADHYA PRADESH MADHYAM,BHOPAL vs. THE ACIT, BHOPAL

In the result, both the appeals of the assessee i

Bench: Shri Kul Bharat & Shri Manish Borad

capital expenses to be able to sustain and continue in long run. The petitioner ITA 280 of 2014 and ITA 692 of 2013 17 MP Madhyam has to be substantially self-sustaining in long-term and should not depend upon government, in other words taxpayers should not subsidize the said activities, which nevertheless are charitable and fall under the residuary

M/S. YATHARTH INFRASTRUCTURES (P) LTD.,UJJAIN vs. PR. CIT, UJJAIN

In the result, assessee’s appeal is allowed

Bench: Ms. Madhumita Roy, Judicial Memebr & Shri Bhagirath Mal Biyani

155 :— "In the first instance it was contended by learned counsel for the assessee that the very premise on which order under section 263 was made against the assessee, namely, that the Income-tax Officer has not at all examined the goodwill account is not existent. According to him, it is apparent from the record that the goodwill account

MOJILAL RAJPUT,SHUJALPUR MANDI vs. ITO, SHAJAPUR

In the result, assessee’s appeal is allowed

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

155 :— "In the first instance it was contended by learned counsel for the assessee that the very premise on which order under section 263 was made against the assessee, namely, that the Income-tax Officer has not at all examined the goodwill account is not existent. According to him, it is apparent from the record that the goodwill account

MOJILAL RAJPUT,SUJALPUR MANDI vs. THE ITO, SHAJAPUR

In the result, assessee’s appeal is allowed

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

155 :— "In the first instance it was contended by learned counsel for the assessee that the very premise on which order under section 263 was made against the assessee, namely, that the Income-tax Officer has not at all examined the goodwill account is not existent. According to him, it is apparent from the record that the goodwill account

SHRI PRASHANT AGRAWAL,BHOPAL vs. PR. CIT -I , BHOPAL

In the result, assessee’s appeal is allowed

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

155 :— "In the first instance it was contended by learned counsel for the assessee that the very premise on which order under section 263 was made against the assessee, namely, that the Income-tax Officer has not at all examined the goodwill account is not existent. According to him, it is apparent from the record that the goodwill account

ASIAN BUSINESS CONECTION PVT. LTD.,BHOPAL vs. DCIT - 1(1) , BHOPAL

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2015-16 M/S. Asian Business Dcit-1(1), Connections Private Ltd, Vs. Bhopal Fm-18, Man Sarovar Complex, 7No. Stop, Shivaji Nagar, Bhopal (Appellant) (Respondent ) Pan No.Aaica1206D

capital but it extends to the entire 43 Asian Business Connection Private Limited accumulated profits. 'Accumulated profits' means profits in a commercial sense. The expression includes tax-free profits like agricultural Income, general reserve, development rebate reserve, credit balance and initial depreciation but not normal depreciation nor provision for taxation and dividends. 25. On a bare perusal of section