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

4) (KOLKATTA) TRIBUNAL) I.T.A. No. 161/Kol/2019 Assessment Year: 2015-16 (2021) (Pages 217 – 226 of Case Laws Paper Book) 14. ACHAL GUPTA Vs. ITO (LUCKNOW TRIBUNAL) – (2021) (Pages 227 – 242 of Case Laws Paper Book 15. Pr CIT-12, Delhi Vs. Smt. Krishna Devi & Others (DELHI HIGH COURT) – (2021) (Pages 243 – 252 of Case Laws Paper Book) 16. Anraj Hiralal

MANISH KUMAR RADHESHYAM 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

4) (KOLKATTA) TRIBUNAL) I.T.A. No. 161/Kol/2019 Assessment Year: 2015-16 (2021) (Pages 217 – 226 of Case Laws Paper Book) 14. ACHAL GUPTA Vs. ITO (LUCKNOW TRIBUNAL) – (2021) (Pages 227 – 242 of Case Laws Paper Book 15. Pr CIT-12, Delhi Vs. Smt. Krishna Devi & Others (DELHI HIGH COURT) – (2021) (Pages 243 – 252 of Case Laws Paper Book) 16. Anraj Hiralal

VIJAY RADHESHYAM NYATI HUF,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

4) (KOLKATTA) TRIBUNAL) I.T.A. No. 161/Kol/2019 Assessment Year: 2015-16 (2021) (Pages 217 – 226 of Case Laws Paper Book) 14. ACHAL GUPTA Vs. ITO (LUCKNOW TRIBUNAL) – (2021) (Pages 227 – 242 of Case Laws Paper Book 15. Pr CIT-12, Delhi Vs. Smt. Krishna Devi & Others (DELHI HIGH COURT) – (2021) (Pages 243 – 252 of Case Laws Paper Book) 16. Anraj Hiralal

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

section 253(5) and the decision of Hon’ble Supreme Court, we take a judicious view, condone delay, admit appeal and proceed with hearing. 3. The background facts leading to this appeal are such that the assessee-individual filed return of AY 2015-16 declaring a total income of Rs. Page 3 of 14 Goverdhan Lal Yadav ITA No. 854/Ind/2024-

RUPESH VYAS,INDORE vs. THE ACIT3(1), INDORE, INDORE

In the result, this appeal of assessee is dismissed

Bench: Shri T.R. Senthil Kumar & Shri B.M. Biyani

4. The payment for the shares purchased is made in cash which is not supported by any documentary evidence. 5. The shares were converted into the DEMAT format Just before the transaction. 6. The assessee is unable to substantiate as to in which knowledge he has sold the shares on that particular dated. 7. The company whose shares were purchased

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

253 may appeal to the Tribunal. The Tribunal has power to pass such orders on such an appeal as it thinks fit. Sub section (4) of section 254 attaches finality to, the orders of the Tribunal subject to the provisions of section 256 ( or section 260A). Needless to say the orders passed by the Tribunal are binding

NAYANA JAYESH PATEL,INDORE vs. ASSESSING OFFICER, INDORE

Appeal is allowed for statistical purpose

capital gain of rs. 18594875 as against computed by\nthe assessee and accepted in original assessment at rs. nil.\n5. That Id. CIT(A) has erred in not considering the provisions of first\nproviso to section 50c of the act properly and also without considering\nthe supporting documents submitted by assessee in support of\napplication of first proviso to section

SHASHI PRABHA SINGHANIA,NEEMUCH vs. INCOME-TAX OFFICER NEEMUCH, NEEMUCH

Appeal of the assessee is allowed for statistical purpose

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 Second appeal under the Act. The assessee is aggrieved by the order bearing Number ITBA/NFAC/S/250/2024-25/1065972504(1) dated 24.06.2024 of the Ld. CIT(A) passed u/s 250 of the Act which is hereinafter referred

SITARAM MUCHHALA,MARDANA vs. ITO KHARGONE, KHARGONE

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

253 of the income tax Act 1961,[ herein after referred to as the Act for the sake of brevity] before this Tribunal as & by way of second appeal. The Assessee is aggrieved by the order bearing Number:- ITBA/NFAC/S/250/2024-25/1074463840(1) dated 13.03.2025 passed by the Ld. CIT(A) u/s 250 of the Act, which is herein after Page

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

Appeal is allowed

Bench: Shri B.M. Biyani & Shri Paresh M Joshishri Vimal Todi, Additional Commissioner बनाम/ 501, Darshan Residency, Of Income-Tax, Vs. 104-105, Anand Bazar, Indore Indore

4 of 33 Shri Vimal Todi ITA Nos. 188/Ind/2024 - AY 2012-13 section 275. The assessee also raised this very issue before CIT(A) but the CIT(A) referred following provision of section 275(1)(c): “275(1) No order imposing a penalty under this Chapter shall be passed – (a) XXX (b) XXX (c) in any other case, after

LATE SHRI BALKRISHAN JOSHI (THROUGH LEGAL HEIR SHRI BHOOPENDRA JOSHI),INDORE vs. THE INCOME TAX OFFICER-5(1), INDORE, INDORE

Appeal is allowed partly

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2008-09 Late Shri Balkrishan Joshi Income-Tax Officer, (Through L/H Shri 5(1), Bhoopendra Joshi), Indore बनाम/ 541, Alok Nagar, Vs. Kanadia Road, Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Abjpj 0180 C Assessee By Shri S.N. Agrawal & Shri Bavesh Agrawal, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 16.05.2024 Date Of Pronouncement 21.05.2024

section 253(5) and the decision of Hon’ble Supreme Court, we take a judicious view, condone delay, admit appeal and proceed with hearing. 3. This is the 2nd round of litigation by assessee before us. The background facts are such that the assessee filed return of income for AY 2008-09 on 31.07.2008 declaring a total income

VIJAY KOTHARI,INDORE vs. DCIT (CENTRAL)-1, INDORE

section 253(5)\nand the decision of Hon'ble Supreme Court, we take a judicious view,\ncondone delay, admit appeal and proceed with hearing.\n4.\nThe background facts leading to this appeal are such that the\nassessee-individual filed his return of income of AY 2015-16 declaring a total\nincome of Rs.9,79,790/- from different sources

SAQUIB AHMED,PIPARIYA vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, BHOPAL, BHOPAL

The appeal of the assessee is dismissed

capital gain calculation deductions under chapter\nVI-A, etc. The Ld. AO in the aforesaid assessment order held\nthat:-\n//\nIn view of the submission made by the assessee and after\nconsidering the totality of facts and circumstances of the\ncase, the return income of the assessee is accepted”. That the\naforesaid assessment order is hereinafter referred

MAHESH DALODRA,INDORE vs. COMMISSIONER OF INCOME-TAX (APPEALS), DELHI

In the result-the Impugned order is set Aside as and by way

Bench: Shri B.M. Biyani & Shri Paresh M Joshimahesh Dalodra Nfac, Delhi बनाम/ Row House No.3, Patel Nagar Vs. Aerodrome Road. Madhya Pradesh (Pan: Aehpd4345Q) (Appellant) (Respondent) Assessee By Shri Sanjay Sodani, Ca Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 06.04.2026 Date Of Pronouncement 17.04.2026 आदेश/ O R D E R

section 253 of the income tax Act 1961,[ herein after referred to as the Act for the sake of brevity] before this tribunal as & by way of a second Appeal. The Assessee is aggrieved by the order bearing No:-ITBA/NFAC/S/250/2024-25/1072946896(1) dated 05.02.2025 passed by the Ld. CIT (A) u/s 250 of the Act, which is herein after referred

BHAGWAT PRASAD MALVIYA,BHOPAL vs. ITO-3(1), BHOPAL, BHOPAL

The appeal of the assessee is allowed for statistical

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshiassessment Year: 2014-15 Bhagwat Prasad Malviya Ito -3(1) 28, Crp Phatak Road Bhopal बनाम/ Bairagarh, Vs. Bhopal (Assessee/Appellant) (Revenue/Respondent) Pan: Afbpm8998M Assessee By Shri N.D. Patwa, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 02.12.2025 Date Of Pronouncement 04.12.2025

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/ 250/2025-26/1075630496(1) dated 15.04.2025 passed by the Ld. CIT(A), U/s 250 of the Act which is hereinafter referred to as the “impugned

VISHNU MORI,INDORE vs. INCOME TAX OFFICER - 4(3), INDORE, INDORE

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

Bench: B.M. Biyani & Shri Paresh M Joshivishnu Mori, Income Tax Officer- बनाम/ Gram Bangarda, 4(3), Vs. Gandhi Nagar, Indore Indore (Pan: Ayjpv9674N) (Appellant) (Revenue) Assessee By S/Shri Apurva Mehta & Rajesh Mehta, Ars Revenue By Shri Ashish Porwal, Dr Date Of Hearing 30.07.2025 Date Of Pronouncement 31.07.2025 आदेश / O R D E R

4(3), Vs. Gandhi Nagar, Indore Indore (PAN: AYJPV9674N) (Appellant) (Revenue) Assessee by S/Shri Apurva Mehta & Rajesh Mehta, ARs Revenue by Shri Ashish Porwal, DR Date of Hearing 30.07.2025 Date of Pronouncement 31.07.2025 आदेश / O R D E R Per Paresh M Joshi, J.M: This is an appeal filed by the assessee Under Section 253 of the Income

SHRI RAJEEV SHARMA,BHOPAL vs. THE DCIT CENTRAL-II, BHOPAL

In the result the appeals of the assessee are disposed off as

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

253-261) Zone-I , MP Nagar Bhopal Neelam Sinha W/o vill. through its partner Shri Sameer & post suitha dost. Gupta S/o Shri Ajay Mohgaonkar Patna state Bihar. S/o S. W. Mohgaonkar & Shri Sameer Gupta S/o Shri S.C. Gupta R/o 31-A, B.D.A. Colony, Koh-e-fiza, Bhopal (seller) and the purchaser’s are Shri Shailendra Kr. Sinha S/O Shri

SHRI SANJAY KUMAR SINHA,BHOPAL vs. THE DCIT CENTRAL-II, BHOPAL

In the result the appeals of the assessee are disposed off as

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

253-261) Zone-I , MP Nagar Bhopal Neelam Sinha W/o vill. through its partner Shri Sameer & post suitha dost. Gupta S/o Shri Ajay Mohgaonkar Patna state Bihar. S/o S. W. Mohgaonkar & Shri Sameer Gupta S/o Shri S.C. Gupta R/o 31-A, B.D.A. Colony, Koh-e-fiza, Bhopal (seller) and the purchaser’s are Shri Shailendra Kr. Sinha S/O Shri