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

section 10(38) of the IT Act. In the meantime, the operators rig the price of stock and gradually rise its price many times from 500 to 1000 times. This is done through low volume transaction indulged in by the dummies of the operator at a pre-determined price. Ld. D/R also submitted that the AO after discussing the modus

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

section 10(38) of the IT Act. In the meantime, the operators rig the price of stock and gradually rise its price many times from 500 to 1000 times. This is done through low volume transaction indulged in by the dummies of the operator at a pre-determined price. Ld. D/R also submitted that the AO after discussing the modus

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

section 10(38) of the IT Act. In the meantime, the operators rig the price of stock and gradually rise its price many times from 500 to 1000 times. This is done through low volume transaction indulged in by the dummies of the operator at a pre-determined price. Ld. D/R also submitted that the AO after discussing the modus

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

46,95,302/- and after claiming the deduction of cost of acquisition of Rs.6,00,000/-, reflected long term capital gain of Rs.1,40,95,302/- which was claimed as exempt u/s 10(38) in the return filed by the appellant. The sequence of the events is tabulated as under for brevity. Period of Event Event June 2011 Meeting with

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

46,95,302/- and after claiming the deduction of cost of acquisition of Rs.6,00,000/-, reflected long term capital gain of Rs.1,40,95,302/- which was claimed as exempt u/s 10(38) in the return filed by the appellant. The sequence of the events is tabulated as under for brevity. Period of Event Event June 2011 Meeting with

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

section 263 of the Act 1 Guideline value at the time of sales was of Rs 1,30,20,000/- whereas the appellant has offered the same at Rs 97,65,000/- 6 Shaligram Borad 2 FDR’s as prepared for Rs 46,13,000/- was on account of capital gain

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

Appeal is allowed for statistical purposes

gain\narising therefrom was not taxable.\n5. The first issue raised in Ground No. 1 which calls for our\nadjudication is whether or not the impugned land sold by assessee was\nsituated within the prescribed area/distance of section 2(14)(iii)(a)/(b).\n6. We have heard learned Representatives of both sides on this issue and\ncarefully perused the orders

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

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 SUNIL SHASRMA,BHOPAL vs. THE ITO, 3(2), BHOPAL

In the result, Assessee’s appeal ITANo

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year: 2010-11

section 2(47) of the Act came to conclusion that the alleged transaction is a transfer and the assessee is liable to pay tax on the capital gain and accordingly worked out Short Term Capital Gain at Rs.6,63,525/- and added it the income of assessee. Addition of Rs. 1,00,000/- was also made for making incorrect claim

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

46,018/- for Long Term Capital Gain derived from sale of listed company’s share namely M/s Turbo Tech 3 Radheyshyam Khandelwal & Ors ITA No.7,8,29,30,& 113/Ind/2019 Engineering Ltd not chargeable to tax. The assessee has purchased 5000 shares of M/s Turbo Tech Engineering Pvt Ltd through stock broker M/s Shah Space Manager Pvt. Ltd, Vadodara (Gujarat). After

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

46,018/- for Long Term Capital Gain derived from sale of listed company’s share namely M/s Turbo Tech 3 Radheyshyam Khandelwal & Ors ITA No.7,8,29,30,& 113/Ind/2019 Engineering Ltd not chargeable to tax. The assessee has purchased 5000 shares of M/s Turbo Tech Engineering Pvt Ltd through stock broker M/s Shah Space Manager Pvt. Ltd, Vadodara (Gujarat). After

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

46,018/- for Long Term Capital Gain derived from sale of listed company’s share namely M/s Turbo Tech 3 Radheyshyam Khandelwal & Ors ITA No.7,8,29,30,& 113/Ind/2019 Engineering Ltd not chargeable to tax. The assessee has purchased 5000 shares of M/s Turbo Tech Engineering Pvt Ltd through stock broker M/s Shah Space Manager Pvt. Ltd, Vadodara (Gujarat). After

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

46,018/- for Long Term Capital Gain derived from sale of listed company’s share namely M/s Turbo Tech 3 Radheyshyam Khandelwal & Ors ITA No.7,8,29,30,& 113/Ind/2019 Engineering Ltd not chargeable to tax. The assessee has purchased 5000 shares of M/s Turbo Tech Engineering Pvt Ltd through stock broker M/s Shah Space Manager Pvt. Ltd, Vadodara (Gujarat). After

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

46,018/- for Long Term Capital Gain derived from sale of listed company’s share namely M/s Turbo Tech 3 Radheyshyam Khandelwal & Ors ITA No.7,8,29,30,& 113/Ind/2019 Engineering Ltd not chargeable to tax. The assessee has purchased 5000 shares of M/s Turbo Tech Engineering Pvt Ltd through stock broker M/s Shah Space Manager Pvt. Ltd, Vadodara (Gujarat). After

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(1)(b), if the cost of new asset is less than the net consideration of the original asset, then so much of the capital gain as bears to the whole of the capital gain the same proportionate as the cost of new asset bears to the net consideration. In the instant case, the net consideration

BHARAT SHAH,INDORE vs. THE ITO3(4), INDORE

In the result, Assessee’s appeal ITANo

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year: 2013-14

capital gain arising from the transfer of the original asset not charged under section 45 on the basis of the cost of the new asset as provided in clause (a) or, as the case may be, clause (b) of sub- section (1), exceeds (b) the amount that would not have been so charged had the amount actually utilised

RAMKUNWAR PATIDAR,BHOPAL vs. THE ITO 2 (4), BHOPAL

Appeal is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year : 2009-10 Shri Ramkunwar Patidar, Income-Tax Officer, Village Salliya, 2(4), बनाम/ Post Bawadia Kalan, Bhopal Vs. Bhopal (Appellant/Assessee) (Respondent/Revenue) Pan: Blxpp4909C Assessee By Shri S.S.Solanki, Ca & Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 15.01.2024 Date Of Pronouncement 22.02.2024

46,354/-, being the differential of capital gain Rs. 32,32,461/- determined by AO and the capital gain of Rs. 1,86,107/- already declared by assessee. The comparative figures of working made by assessee and made by AO are given below for a ready reference: As As computed computed by assessee by AO Assessee’s 1/3rd share

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