IMRAN KHAN,BHOPAL vs. THE ITO2 (2), BHYOPAL

In the result the issue No

Bench: Shri Vijay Pal Rao & Shri Manish Boradimran Khan Ito 2(2) S/O Sh. Gulab Khan H. No.35 Bhopal Village-Inayatpura Kolar Board, Vs. Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Ckqpk5708M Assessee By Shri Niranjan Purandar Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 02.01.2023 Date Of Pronouncement 11.01.2024

32,420/-. The AO denied the claim of the assessee in respect of the investment made by the assessee for purchase of agricultural lands in the name of family members. Thus, the AO restricted the claim of deduction u/s 54B only to the extent of the investment in Page 2 of 20 ITANo.168/Ind/2023 Imran Khan purchase of agricultural land

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

gains to related persons, stipulations of time limits for use of funds, which are effective checks and curtail and deny benefit in cases of abuse. There is no such allegation or contention of the Revenue in the present case. 27. As observed above, fee charged and quantum of income earned can be indicative of the fact that the person

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

gains to related persons, stipulations of time limits for use of funds, which are effective checks and curtail and deny benefit in cases of abuse. There is no such allegation or contention of the Revenue in the present case. 27. As observed above, fee charged and quantum of income earned can be indicative of the fact that the person

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

gains to related persons, stipulations of time limits for use of funds, which are effective checks and curtail and deny benefit in cases of abuse. There is no such allegation or contention of the Revenue in the present case. 27. As observed above, fee charged and quantum of income earned can be indicative of the fact that the person

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

gains to related persons, stipulations of time limits for use of funds, which are effective checks and curtail and deny benefit in cases of abuse. There is no such allegation or contention of the Revenue in the present case. 27. As observed above, fee charged and quantum of income earned can be indicative of the fact that the person

SMT. PUSHPA AGRAWAL,INDORE vs. ITO WARD 5(2), INDORE, AAYKAR BHAWAN, OPPOSITE WHITE CHURCH, RESIDENCY AREA, INDORE

Appeal is allowed

32, 35, 36-39, 42, 43-46, 48, 49 & 50 of Paper-Book to show the vehement queries raised by AO and replies/documents filed by assessee. Ld. AR demonstrated that the assessee not only filed details qua the eligibility and allowability of exemption u/s 54B but also made an alternative submission to the AO that the sold lands were situated

KUSUM YADAV,INDORE vs. ITO 1(2), INDORE

In the result, the appeal of the assessee bearing ITA No

2(14)(iii), is\nto stand apart for the purpose of the section, a plea which was ultimately dismissed\nby the Hon'ble Court, but in the instant case, before us, under appeal, it is to be\nnoted that the village Hukmakhedi was itself outside the municipal limits of Indore\n( and was never an area within the Indore municipality

SMT. RUKMANI KHANDELWAL,INDORE vs. ITO-4(3), INDORE

In the result, all the captioned appeals filed by different

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

section 10(38) on account of sale of scrip of M/s Turbotech Engineering Ltd. Particulars Swati Luthra Shruti Luthra Namrata Sehgal Luthra Asha Luthra Date of 27.12.2011 27.12.2011 27.12.2011 27.12.2011 Investment No. of Shares Radheyshyam Khandelwal & Ors ITA No.7,8,29,30,& 113/Ind/2019 purchased 10000 10000 10000 10000 Purchase price per share Rs. 2 per Rs. 2 per Rs. 2

SHRI SURESH KHANDELWAL,INDORE vs. THE ITO-4(1), INDORE

In the result, all the captioned appeals filed by different

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

section 10(38) on account of sale of scrip of M/s Turbotech Engineering Ltd. Particulars Swati Luthra Shruti Luthra Namrata Sehgal Luthra Asha Luthra Date of 27.12.2011 27.12.2011 27.12.2011 27.12.2011 Investment No. of Shares Radheyshyam Khandelwal & Ors ITA No.7,8,29,30,& 113/Ind/2019 purchased 10000 10000 10000 10000 Purchase price per share Rs. 2 per Rs. 2 per Rs. 2

RADHESHYAM KHANDELWAL,INDORE vs. ACIT4(1), INDORE

In the result, all the captioned appeals filed by different

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

section 10(38) on account of sale of scrip of M/s Turbotech Engineering Ltd. Particulars Swati Luthra Shruti Luthra Namrata Sehgal Luthra Asha Luthra Date of 27.12.2011 27.12.2011 27.12.2011 27.12.2011 Investment No. of Shares Radheyshyam Khandelwal & Ors ITA No.7,8,29,30,& 113/Ind/2019 purchased 10000 10000 10000 10000 Purchase price per share Rs. 2 per Rs. 2 per Rs. 2

SMT. SANDHYA KHANDELWAL,INDORE vs. ITO 4(3), INDORE

In the result, all the captioned appeals filed by different

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

section 10(38) on account of sale of scrip of M/s Turbotech Engineering Ltd. Particulars Swati Luthra Shruti Luthra Namrata Sehgal Luthra Asha Luthra Date of 27.12.2011 27.12.2011 27.12.2011 27.12.2011 Investment No. of Shares Radheyshyam Khandelwal & Ors ITA No.7,8,29,30,& 113/Ind/2019 purchased 10000 10000 10000 10000 Purchase price per share Rs. 2 per Rs. 2 per Rs. 2

MOHANLAL KHANDELWAL,INDORE vs. THE ITO-4(1), INDORE

In the result, all the captioned appeals filed by different

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

section 10(38) on account of sale of scrip of M/s Turbotech Engineering Ltd. Particulars Swati Luthra Shruti Luthra Namrata Sehgal Luthra Asha Luthra Date of 27.12.2011 27.12.2011 27.12.2011 27.12.2011 Investment No. of Shares Radheyshyam Khandelwal & Ors ITA No.7,8,29,30,& 113/Ind/2019 purchased 10000 10000 10000 10000 Purchase price per share Rs. 2 per Rs. 2 per Rs. 2

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

Capital Gain and hence giving relief of Rs. 44,81,373/- without considering the fact that the company m/s. Eden Financial Services, from whom the shares were purchased off line and the registration of company i.e. No. INB 230660520 was cancelled by SEBI. (4) Whether on the facts and in the circumstances of the case

SARSWATI VIDHYA PRATISHTHAN M.P ,BHUPAL vs. THE ACIT 2(1), BHOPAL

In the result, appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanisarswati Vidhya Pratishthan Dcit (E) M.P. Bhopal Vs. 01, Harshwardhan Nagar Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Aadas0899M Assessee By Shri Santosh Deshmukh & Shri Parth Jhawar, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 23.08.2023 Date Of Pronouncement 30.08.2023

32 of the paper book. He has explained that during the previous year relevant to assessment year under consideration the assesse society has completed 25 years of its existence and to celebrate the successful completion a programme was arranged in the name of “Vaman Drishti Shivir” on 11th, 12th and 13th of November’2011. In this event there was large

M/S. IDEA CELLULAR LIMITED,INDORE vs. THE DCIT (TDS), INDORE

Appeals are allowed

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

Capital gains") for — (i) the transfer of all or any rights (including the granting of a licence) in respect of a patent, invention, model, design, secret formula or process or trade mark or similar property; (ii) the imparting of any information concerning the working of, or the use of, a patent, invention, model, design, secret formula or process or trade

M/S. IDEA CELLULAR LIMITED,INDORE vs. THE DCIT (TDS), INDORE

Appeals are allowed

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

Capital gains") for — (i) the transfer of all or any rights (including the granting of a licence) in respect of a patent, invention, model, design, secret formula or process or trade mark or similar property; (ii) the imparting of any information concerning the working of, or the use of, a patent, invention, model, design, secret formula or process or trade

M/S. IDEA CELLULAR LIMITED,INDORE vs. THE DCIT (TDS), INDORE

Appeals are allowed

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

Capital gains") for — (i) the transfer of all or any rights (including the granting of a licence) in respect of a patent, invention, model, design, secret formula or process or trade mark or similar property; (ii) the imparting of any information concerning the working of, or the use of, a patent, invention, model, design, secret formula or process or trade

ASSISTANT COMMISSIONER OF INCOME TAX, INDORE vs. COMMANDER INDUSTRIES PRIVATE LIMITED, INDORE

In the result, the appeal of the revenue and CO of assessee are dismissed

32(1) 47(vi & vii). He has relied upon the order of the AO.\n4. On the other hand, Ld. AR has submitted that the scheme of amalgamation was duly approved by the NCLT vide order dated 21st July 2020 placed at page no.122 to 131 and therefore, it is not an excess payment made by the assessee against taking