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

section 54F of the Income-tax Act, 1961. 2. That on the facts and in the circumstances of the case and in law, it be held that the income from LTCG at Rs. 1,38,47,826/- is not chargeable to tax in A.Y. 2015-16 in view of the fact that Rs. 50,00,000/- was claimed u/s 54EC

SHRI BHAWANI SHANKAR PARASHAR,INDORE vs. THE DCIT/ACIT 1 (2), INDORE

In the result, appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Bhawani Shankar Pr. Cit-1 Prashar Indore 28, Lasudia Mori, Vijay Vs. Nagar, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Bgbpp 2475 G Assessee By Shri S.N. Agrawal, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 02.05.2023 Date Of Pronouncement 21.06.2023

capital gain in one year only more so when the amount was actually received by the appellant in five years. 6. That on the facts and in the circumstances of the case and in law the Ld Assessing officer erred in not allowing proper deduction under section 548 and 54F of the Act on the basis of investment as made

M/S. SANJAY ONKARMAL AGRAWAL HUF,INDORE vs. THE ITO-5(3) RANGE-5, INDORE

In the result ground raised on merit as well as legal ground raised for not

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royvirtual Hearing Assessment Year 2015-16

section 234A and 234B of the Act. 5. The appellant reserves her right to add, alter and modify the grounds of appeal as taken by her. 3. From perusal of the above grounds we find that following two common issues have been raised :- 4 Smt. Shweta Agrawal & Anr ITA No.281 & 279/Ind/2019 (i) Genuineness of Long Term Capital Gain

SMT. SHWETA AGRAWAL,INDORE vs. THE ACIT 5(1),R-5, INDORE

In the result ground raised on merit as well as legal ground raised for not

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royvirtual Hearing Assessment Year 2015-16

section 234A and 234B of the Act. 5. The appellant reserves her right to add, alter and modify the grounds of appeal as taken by her. 3. From perusal of the above grounds we find that following two common issues have been raised :- 4 Smt. Shweta Agrawal & Anr ITA No.281 & 279/Ind/2019 (i) Genuineness of Long Term Capital Gain

SANTOSH AGRAWAL,BHOPAL vs. THE PR CIT -1, BHOPAL

In the result, appeal of assessee is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanisantosh Agrawal Pr. Cit-1 Mig-11, Mla Quarters Bhopal Vs. Jawahar Chowk Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Ahkpa 1449E Assessee By Shri Gagan Tiwari, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 10.08.2023 Date Of Pronouncement 16 .08.2023

Capital Gain, interest income during the FY 2009-10. It is also noticed that the assessee had not filed his return of income u/s 139(1) of the IT Act, which is on due on 31/07/2010. Assessee has filed his return of income in response to the notice u/s 148 of the 1.T. Act, on 30/08/2017 vide acknowledgement

M/S SIDDHULA;L,BHOPAL vs. THE ITO 2(2) BHOPAL, BHOPAL

Appeal is partly allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year : 2011-12 M/S. Siddhulal Patidar, Income-Tax Officer, 01,Gram Sallaiya, 2(2), बनाम/ Bawadia Kalan, Bhopal Vs. Bhopal (Appellant/Assessee) (Respondent/Revenue) Pan: Dhypp1740N Assessee By Shri Ashish Goyal & Shri N.D. Patwa, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 13.02.2024 Date Of Pronouncement 28.02.2024

capital gain, which is bad in law, void ab initio, illegal, contrary to the facts, records, submissions and circumstances of the case, liable to be annulled. Page 1 of 14 M/s.Siddhulal Patidar, Bhopal vs. ITO, 2(2), Bhopal ITA No. 110/Ind/2023 – AY 2011-12 (2) That the Ld. CIT(A) erred in denial of deduction u/s 54B of the Income

INCOME TAX OFFICER-1(2), INDORE, INDORE vs. DIVINE INFRACREATION AND TRADING PRIVATE LIMITED, MUMBAI

Accordingly quash the assessment-order made by AO.\nThe assessee's ground is allowed

capital gains were clearly available before the\nAssessing Officer during the original assessment proceedings and that the\nRevenue had not brought any material before it, which was not disclosed by\nthe assessee in the original return of income. Thus, the Tribunal concluded\nthat there was no failure on the part of the assessee to disclose any material\nfact relevant

SHRI PURSHOTTAM KHATRI , BHOPAL vs. ITO 3(3), BHOPAL, BHOPAL

In the result, the appeal filed by the assessee in ITA

Bench: Shri Kul Bharatassessment Year: 2009-10

234A of Rs.1,128/- and u/s 234B of Rs.41,064/- is not justified. 7. That on the facts and in the circumstances of the case, initiation of penalty proceedings u/s 271(1)(c) is not justified. 2. Briefly stated the facts are that the case of the assessee was re- opened for assessment and the assessment u/s 147 r.w.s

SHRI SANJAY DUBEY,BHOPAL vs. THE ITO 1 (2), BHOPAL

In the result, the appeal of assesse in ITANo

Bench: Shri Vijay Pal Rao

section 50C is not justified and the same is deleted. 7. In appeal arising from the order passed u/s 154 of the Act the assessee has raised following grounds of appeal: “1 . That the learned lower authority has erred in holding the view that appellant is liable for capital gain tax on forcefully transfer of immovable property by the bank

SHRI SANJAY DUBEY,BHOPAL vs. THE ITO 1 (2), BHOPAL

In the result, the appeal of assesse in ITANo

Bench: Shri Vijay Pal Rao

section 50C is not justified and the same is deleted. 7. In appeal arising from the order passed u/s 154 of the Act the assessee has raised following grounds of appeal: “1 . That the learned lower authority has erred in holding the view that appellant is liable for capital gain tax on forcefully transfer of immovable property by the bank

DHRUV NARAYAN SINGH,BHOPAL vs. ITO-2(3), BHOPAL

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

Bench: B.M. Biyani & Shri Paresh M Joshidhruv Narayan Singh, Income Tax Officer बनाम/ E-2/192 Arera Colony, 2(3), Vs. Bhopal Bhopal (Pan: Aprps4102H) (Appellant) (Revenue) Assessee By Ms. Shreya Jain, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 24.07.2025 Date Of Pronouncement 28.07.2025 आदेश / O R D E R

Section 253 of the Income Tax Act, 1961 (hereinafter referred to as the “Act” for sake of brevity) before this Tribunal. The assessee is aggrieved by the order bearing Number ITBA/NFAC/S/250/2024- 25/1068530366(1) dated 10.09.2024 passed by the Ld. CIT(A) u/s 250 of the Act which is hereinafter referred to as the “Impugned order”. The relevant Assessment Year

DCIT-5(1), BHOPAL, BHOPAL vs. M P STATE TOURISM DEVELOPMENT CORPORATION LIMITED, BHOPAL

Appeals are dismissed

gainfully said that the\nAO cannot treat the assessee as defaulter of section 271(1)(c) in AY 2013-14\n& 2014-15 when the situation is just same as in AY 2012-13.\n10.\nAt this stage, we would also like to address one more plea taken by Ld.\nDR for revenue that the assessee has not contested

LILA VERMA,MALAKHEDI ROAD vs. ACIT/DCIT ITARSI, AAYAKAR BHAWAN ITARSI

The appeal of the assessee is allowed for statistical

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshiassessment Year: 2012-13 Lila Verma Acit/Dcit Rewa Bhagwati Nagar

Section 253 of the Income Tax Act, 1961 (hereinafter referred to as the “Act” for sake of brevity) before this Tribunal as and by way of a second appeal. The assessee is aggrieved by order bearing Number ITBA/NFAC/S/ 250/2024-25/1073115369(1) dated 11.02.2025 passed by the Ld. CIT(A), U/s 250 of the Act which is hereinafter referred

BABITA CHELAWAT,INDORE vs. DCIT/ACIT 1(1), INDORE, INDORE

The appeal of the assessee is allowed & the impugned order is set aside

Bench: Shri B.M. Biyani & Shri Paresh M Joshi

234A. 2348 & 234C of the IT Act as per Act and decision so made in this case and after giving the credit of prepaid taxes. 9.0 In the end, the appeal of the appellant is dismissed.” 2.3 That the assessee being aggrieved by the “Impugned Order” has preferred the instant second appeal before this Tribunal & has raised the following grounds

DCIT, CIRCLE-5(1), BHOPAL, BHOPAL vs. M P STATE TOURISM DEVELOPMENT CORPORATION LIMITED, BHOPAL

Appeals are dismissed

gainfully said that the\nAO cannot treat the assessee as defaulter of section 271(1)(c) in AY 2013-14\n& 2014-15 when the situation is just same as in AY 2012-13.\n10. At this stage, we would also like to address one more plea taken by Ld.\nDR for revenue that the assessee has not contested

M/S ESSARGEE CONSTRUCTION PVT. LTD.,BHOPAL vs. THE ACIT- 1(1), BHOPAL

In the result, appeals of assesse for A

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

capital gains tax and the UK reduced its maximum rate of personal tax from 83 to 60 per cent. In 1982, Sweden reduced its marginal rate of personal income-tax from 85 to 50 per cent. In this country, the Government purpons to simplify the income-tax law but pursues the course, may be due to compulsions, in the opposite

M/S ESSARGEE CONSTRUCTION PVT. LTD.,BHOPAL vs. THE DCIT-1 (1), BHOPAL

In the result, appeals of assesse for A

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

capital gains tax and the UK reduced its maximum rate of personal tax from 83 to 60 per cent. In 1982, Sweden reduced its marginal rate of personal income-tax from 85 to 50 per cent. In this country, the Government purpons to simplify the income-tax law but pursues the course, may be due to compulsions, in the opposite

M/S ESSARGEE CONSTRUCTION PVT. LTD.,BHOPAL vs. THE DCIT- 1(1), BHOPAL

In the result, appeals of assesse for A

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

capital gains tax and the UK reduced its maximum rate of personal tax from 83 to 60 per cent. In 1982, Sweden reduced its marginal rate of personal income-tax from 85 to 50 per cent. In this country, the Government purpons to simplify the income-tax law but pursues the course, may be due to compulsions, in the opposite