SMT. MAMTA NYATI DHAMNOD DISTT. DHAR,DHAMNOD vs. ITO DHAR, 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

168 – 188 10. VAISHAL SURYAKANT SHAH Vs. ITO (AHMEDABAD TRIBUNAL) – (2017) - 49 CCH 0106 – (Pages 189 – 195 of Case Laws Paper Book) 11. Andaman Timber Industries vs. Commissioner of Central Exciese (Hon'ble Supreme Court) -2015 94 CCH 0187 12. ITO vs. Mayuresh Logistics Pvt. Ltd. (Mumbai Tribunal)-2019 ITANO.6691 Kumari Ayushi Nyati & others ITA Nos.203/Ind/2019,703 to 705/Ind/2018, & 488/Ind/2019

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

168 – 188 10. VAISHAL SURYAKANT SHAH Vs. ITO (AHMEDABAD TRIBUNAL) – (2017) - 49 CCH 0106 – (Pages 189 – 195 of Case Laws Paper Book) 11. Andaman Timber Industries vs. Commissioner of Central Exciese (Hon'ble Supreme Court) -2015 94 CCH 0187 12. ITO vs. Mayuresh Logistics Pvt. Ltd. (Mumbai Tribunal)-2019 ITANO.6691 Kumari Ayushi Nyati & others ITA Nos.203/Ind/2019,703 to 705/Ind/2018, & 488/Ind/2019

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

168 – 188 10. VAISHAL SURYAKANT SHAH Vs. ITO (AHMEDABAD TRIBUNAL) – (2017) - 49 CCH 0106 – (Pages 189 – 195 of Case Laws Paper Book) 11. Andaman Timber Industries vs. Commissioner of Central Exciese (Hon'ble Supreme Court) -2015 94 CCH 0187 12. ITO vs. Mayuresh Logistics Pvt. Ltd. (Mumbai Tribunal)-2019 ITANO.6691 Kumari Ayushi Nyati & others ITA Nos.203/Ind/2019,703 to 705/Ind/2018, & 488/Ind/2019

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

section 10(38) of the Income-tax Act, 1961 capital gain on transfer of shares, after holding for more than 12 months, is exempted u/s 10(38). The assessee has declared to have earned a whopping capital gain of Rs. 64,58,168

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

capital gain and deduction as claimed under section 54F of the Income Tax Act. The assessing officer after due application of mind after reducing the selling expenses, accepted the contention of the appellant. 2.4] The reason for issuance of the notice under section 263 of the Act and its reply by the appellant is as under:- S.No Reason for issuance

SHRI VINOD CHOUDHARY,INDORE vs. ITO1 3), INDORE

The appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Vinod Choudhary, Ito 1(3) 12, Niranjanpur, Indore Vs. Lasudia, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Akrpv 4892 Q Assessee By Shri Pankaj Shah & Soumya Bomb, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 27.02.2023 Date Of Pronouncement 28.02.2023

Capital Gain and without denying the exemption claimed under Section 54B & 54F. The Ld. A.R. relied upon the decision of Hon’ble Supreme Court in case of Mahaveer Kumar Jain vs. CIT (Civil Appeal No. 4166 of 2006 order dated 19.04.2018). The Ld. A.R. further submitted that the Assessing Officer wrongly interpreted the judgment of Hon’ble Apex Court

SHRI HUKUMCHAND CHOUDHARY ,INDORE vs. ITO (3),INDORE, INDORE

The appeal of the assessee is allowed

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

Capital Gain and without denying the exemption claimed under Section 54B & 54F. The Ld. A.R. relied upon the decision of Hon’ble Supreme Court in case of Mahaveer Kumar Jain vs. CIT (Civil Appeal No. 4166 of 2006 order dated 19.04.2018). The Ld. A.R. further submitted that the Assessing Officer wrongly interpreted the judgment of Hon’ble Apex Court

DCIT-4(1), INDORE vs. M/S. YAKSHA INFRASTRUCTURE COM. PVT. LTD., TALOJA, RAIGARH

Appeal is dismissed

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

capital gains by the assessee, given the fact that the assessee failed to submit the most basic details pertaining the share transactions such as quantity purchased and sold, rate of purchase and sale, frequency of transactions, etc.?” 5. The brief fact leading to the case is this that the assessee is a Private Limited Company, engaged, in the business

YAKSHA INFRASTRUCTURE COMPANY (P) LTD. (FORMERLY KNOWN FROLIC REALTY (P) LTD.),MUMBAI vs. DCIT-3(1) , INDORE

Appeal is dismissed

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

capital gains by the assessee, given the fact that the assessee failed to submit the most basic details pertaining the share transactions such as quantity purchased and sold, rate of purchase and sale, frequency of transactions, etc.?” 5. The brief fact leading to the case is this that the assessee is a Private Limited Company, engaged, in the business

BADAM SINGH,BHOPAL vs. ITO 4(1) , BHOPAL

In the result, the appeal of the assessee is allowed for

Bench: B.M. Biyani & Shri Paresh M Joshibadam Singh, Income Tax Officer- बनाम/ 392 Gram Palasi, 4(1), Vs. New Jail Road, Bhopal Karond, Bhopal (Pan: Drhps5664B) (Appellant) (Revenue) Assessee By Shri S.S. Solanki, Ars Revenue By Shri Ashish Porwal, Dr Date Of Hearing 31.07.2025 Date Of Pronouncement 31.07.2025 आदेश / O R D E R

capital gain was exempt under section 54F 8. since the appellant had constructed residential house out of the F sale proceeds which is not considered by the CIT Appeals whilst passing the appellant order. Ground 9 That the appellant craves leave to add to amend alter modify substitute withdrawal delete or rescind all or any of the above grounds

GENDALAL JADHAV,INDORE vs. ITO-1(1), INDORE

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

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanigendalal Jadhav, Ito 1(1) 168-G Palakhedi, Gandhi Aaykar Bhawan Vs. Nagar Indore Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aphpj4675K Assessee By Shri Santosh Deshmukh, Ar Revenue By Shri Harshit Bari Sr. Dr Date Of Hearing 20.03.2024 Date Of Pronouncement 21.03.2024 O R D E R

168-G Palakhedi, Gandhi Aaykar Bhawan Vs. Nagar Indore Indore (Appellant / Assessee) (Respondent/ Revenue) PAN: APHPJ4675K Assessee by Shri Santosh Deshmukh, AR Revenue by Shri Harshit Bari Sr. DR Date of Hearing 20.03.2024 Date of Pronouncement 21.03.2024 O R D E R Per Vijay Pal Rao, JM : This appeal by the Assessee is directed against the order dated

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

168 ITD 271 (Kol-Trib) submitted that no addition could be made on the basis of evidence gathered from the extraneous source and on the basis of statement or document received during search operation on third party, subsequent to search and said material cannot be used u/s. 153A of the Act against the assessee. 26. On careful consideration of above

SHRI DEVENTRASHUKLA ,UJJAIN vs. ITO-1(1), UJJAIN

In the result, assessee’s appeal is allowed

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

168, Shri Guru Ashram, Ujjain Ankpat Marg, Gotodhan Sagar, Ujjain (M.P.) PAN No. DMXPS7166B (Appellant) .. (Respondent) Appellant by : Ms. Ruchira Negi, A.R. Shri Ashish Porwal, Sr.D.R. Respondent by : 27.09.2022 Date of Hearing Date of Pronouncement 14.10.2022 O R D E R PER Ms. MADHUMITA ROY - JM: The instant appeal filed by the assessee is directed against the order dated

SHRI KULWANT SINGH BHATIA,INDORE vs. THE ADDL. CIT, RANGE-3, INDORE

In the result, all the ix appeals as mentioned above are

Bench: Shri C.M.Garg & Shri O.P.Meenaआ /. सं . अ .

168 Taxman 107(SC) wherein it was laid down that In view of the wide powers that the Tribunal is vested with as referred to and spelt out by Apex Court in National Thermal Power Co. Ltd. v. CIT [1998] 229 ITR 383, the Tribunal cannot be precluded from considering the questions of law arising in an assessment proceeding

M.P.MADHYAM,BHOPAL vs. THE ACIT EXEMPTION, BHOPAL

In the result, appeals of assessee for A

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

capital expenses to be able to sustain and continue in long run. The petitioner 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 clause ―general public utilityǁ. The impugned order does not refer

M.P.MADHYAM,BHOPAL vs. THE DCIT EXEMPTION, BHOPAL

In the result, appeals of assessee for A

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

capital expenses to be able to sustain and continue in long run. The petitioner 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 clause ―general public utilityǁ. The impugned order does not refer

M/S M.P. MADHYAM,BHOPAL vs. THE ACIT EXEMPTION, BHOPAL

In the result, appeals of assessee for A

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

capital expenses to be able to sustain and continue in long run. The petitioner 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 clause ―general public utilityǁ. The impugned order does not refer

M.P.MADHYAM,BHOPAL vs. THE ACIT EXEMPTION, BHOPAL

In the result, appeals of assessee for A

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

capital expenses to be able to sustain and continue in long run. The petitioner 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 clause ―general public utilityǁ. The impugned order does not refer