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

3. VIJAYRATTAN BALKISHAN MITTAL & ORS. Vs. DCIT (MUMBAI TRIBUNAL) – (2019) – ITA No. 3427-3429/Mum/2019 – (Pages 21 – 102 of Case Laws Paper Book) 4. ITO Vs. ARVIND KUMAR JAIN HUF (MUMBAI TRIBUNAL) – (2017) - 51 CCH 0281 – (Pages 103 – 106 of Case Laws Paper Book) 5. DIPAK KR. DE SARKAR Vs. ITO (KOLKATA TRIBUNAL) – (2019) - 56 CCH 0253 – (Pages

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

3. VIJAYRATTAN BALKISHAN MITTAL & ORS. Vs. DCIT (MUMBAI TRIBUNAL) – (2019) – ITA No. 3427-3429/Mum/2019 – (Pages 21 – 102 of Case Laws Paper Book) 4. ITO Vs. ARVIND KUMAR JAIN HUF (MUMBAI TRIBUNAL) – (2017) - 51 CCH 0281 – (Pages 103 – 106 of Case Laws Paper Book) 5. DIPAK KR. DE SARKAR Vs. ITO (KOLKATA TRIBUNAL) – (2019) - 56 CCH 0253 – (Pages

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

3. VIJAYRATTAN BALKISHAN MITTAL & ORS. Vs. DCIT (MUMBAI TRIBUNAL) – (2019) – ITA No. 3427-3429/Mum/2019 – (Pages 21 – 102 of Case Laws Paper Book) 4. ITO Vs. ARVIND KUMAR JAIN HUF (MUMBAI TRIBUNAL) – (2017) - 51 CCH 0281 – (Pages 103 – 106 of Case Laws Paper Book) 5. DIPAK KR. DE SARKAR Vs. ITO (KOLKATA TRIBUNAL) – (2019) - 56 CCH 0253 – (Pages

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

3. VIJAYRATTAN BALKISHAN MITTAL & ORS. Vs. DCIT (MUMBAI TRIBUNAL) – (2019) – ITA No. 3427-3429/Mum/2019 – (Pages 21 – 102 of Case Laws Paper Book) 4. ITO Vs. ARVIND KUMAR JAIN HUF (MUMBAI TRIBUNAL) – (2017) - 51 CCH 0281 – (Pages 103 – 106 of Case Laws Paper Book) 5. DIPAK KR. DE SARKAR Vs. ITO (KOLKATA TRIBUNAL) – (2019) - 56 CCH 0253 – (Pages

PRITESH JAIN HUF,INDORE vs. ITO 4 (2), INDORE

In the result Ground No.2 of the assessee’s

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

3% of the capital gain earned of Rs.1,40,95,032/- amounting to Rs.4,22,859/- was added without any basis and without any cogent material on record, to the income of the appellant as income from undisclosed sources. 14 Ayush Jain & Ors ITA No.616, 617/Ind/2019 & 293&294/Ind/2020 17. The Learned CIT(A) confirmed both the additions mainly

SHRI NILESH JAIN HUF,INDORE vs. ITO 4(2), INDORE

In the result Ground No.2 of the assessee’s

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

3% of the capital gain earned of Rs.1,40,95,032/- amounting to Rs.4,22,859/- was added without any basis and without any cogent material on record, to the income of the appellant as income from undisclosed sources. 14 Ayush Jain & Ors ITA No.616, 617/Ind/2019 & 293&294/Ind/2020 17. The Learned CIT(A) confirmed both the additions mainly

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 48 of the Act. Ac discussed above, the whole transaction was nothing but a managed show to claim deduction u/s 54F against the created Long term Capital Gain (LTCG) arose out of so called relinquishment of tenancy rights. Hence, the claim of Long term Capital Gain of Rs. 3

SHRI SUSHIL KUMAR BAFNA,UJJAIN vs. THE ITO 1(1), UJJAIN

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

Bench: Shri C.M.Garg & Shri O.P.Meenaआ.अ.सं./ I.T.A. No. 637/Ind/2014 "नधा"रण वष" /Assessment Year: 2010-11

3 grounds of appeal but in substance same relates to confirming the addition offer 99,40,150 by denying exemption under section 54F of the Act in A.Y. 2010-11 and not taxing the long term capital gain

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

3. From perusal of the above grounds we find that the common issue is regarding treating the transaction giving arise to Short Term Capital Gain and Long Term Capital Gain from purchase/sale of shares as bogus and sham and taxing them as unexplained credit u/s 68 of the Act by both the lower authorities. As the issues raised are common

SHRI PRADEEP MAHESHWARI HUF,INDORE vs. THE ACIT 3(1), INDORE

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

Bench: Shri Kul Bharat & Shri Manish Borad

3. From perusal of the above grounds we find that the common issue is regarding treating the transaction giving arise to Short Term Capital Gain and Long Term Capital Gain from purchase/sale of shares as bogus and sham and taxing them as unexplained credit u/s 68 of the Act by both the lower authorities. As the issues raised are common

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

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

Bench: Shri Kul Bharat & Shri Manish Borad

3. From perusal of the above grounds we find that the common issue is regarding treating the transaction giving arise to Short Term Capital Gain and Long Term Capital Gain from purchase/sale of shares as bogus and sham and taxing them as unexplained credit u/s 68 of the Act by both the lower authorities. As the issues raised are common

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

3,46,640. In the Return of Income, the assessee claimed deduction Under Section 54F of the Act. The claim of the deduction Under Section 54F was denied by the Assessing Officer on the reason that the assessee has not deposited the net sale consideration in Capital Gain

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 on sale of plots and examine which has already been verified… the course of original assessment …. after full application of mind. The order so passed by the Pr. CIT by invoking the provision of section 263 of the Act is therefore illegal and bad in law, the said order requires to be quashed. 3

KANHAIYA LAL PANCHAL,RATLAM vs. BPL-W-(91)(95), RATLAM

In the result, the appeal of the assessee is allowed

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year:2024-25 Kanhaiya Lal Panchal, Bpl-W-(91)(95) 1, Jadwasa Kala, बनाम/ Ratlam Vs. (Assessee/Appellant) (Revenue/Respondent) Pan: Aqrpp0055D Assessee By Shri Kaide Kangsawala, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 06.01.2026 Date Of Pronouncement 16.01.2026

gains taxable under section 112, despite there being no express restriction in law to that effect. 3.The CIT(A) failed to appreciate that the restriction on rebate under section 87A is specifically provided only in sub-section 3(6) of section 112A, and applies only to certain long-term capital

VISHAL GIFT CENTRE - LLP,INDORE vs. ACIT CENTRAL CIRCLE - 1, INDORE

Appeal is allowed for statistical purposes

3, the assessee claims that the land sold by assessee was\n'agricultural'. By means of these grounds, the assessee basically claims that\nthe land sold by him satisfied the conditions for exclusion from definition of\nRajesh Kumar Garg\nITA No. 340/Ind/2023 – AY 2014-15\n'capital asset' in terms of section 2(14)(iii) and consequently, the capital gain

THE ACIT, CIRCLE 2(1), INDORE vs. DR. SHRI RAJEEV CHAUDHARY, INDORE

In the result, the appeal of the revenue is allowed and cross objection of the assessee is partly allowed

Bench: Hon'Ble I Kul Bharat & Hon'Ble Manish Boradassessment Year 2008-09 Pan : Abkpc5729K Assistant Commissioner Of V/S Dr.Rajeev Choudhary Income Tax, 1, Shiv Vilas Palace Circle-2(1), Indore Indore

Capital Gain Treated as business income as discussed above 1,19,23,982 D) Income from other sources a) Dividend income not exempted As discussed above 2,15,542 b) Income from interests 18,19,034 c) Winning from Lotteries etc. 500 d) Minors, Total Income clubbed 9,386 20,44,462 Gross Total Income 3,18,92,207 Less

SADHU RAM BALANI,INDORE vs. ITO-5(1), INDORE, INDORE

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanisadhu Ram Balani Ito-5(1) Flat No.B-503, Moti Mahal Indore Apartment 28-A, Sector-C Vs. Scheme No.71, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Abspb5367L Assessee By Shri S.N. Agrawal, Ar Shri Ashish Porwal, Sr. Dr Revenue By Date Of Hearing 04.09.2024 Date Of Pronouncement 24.09.2024

capital gain earned on sale of shares of M/s Sunrise Asian Limited by denying the benefit of exemption under section 10(38) of the Act and by treating the transaction of purchase and sale of shares to be adventure in the nature of trade without properly appreciating the facts of the case and submissions made before him/ her 3

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

capital gain on sale of a land which was duly assessed by AO in original scrutiny assessment u/s 143(3). The facts also make it clear that the land sold by assessee was long-term in terms of provisions of section