THE DCIT-3(1), INDORE vs. KUMARI SHEETAL GARG, INDORE

In the result Ground No. 1& 2 of the

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2008-09 Dcit-3(1), Kumari Sheetal Garg, Indore Vs. 8/2, New Palasia, Indore (Appellant) (Respondent ) Pan No.Afhpg9179G Revenue By Shri K.C. Selvamani, Sr.Dr Assessee By Shri S.S. Solanki, Ca Date Of Hearing 07.01.2019 Date Of Pronouncement 10.01.2019 O R D E R

capital gain is short term and exemption u/s 54F is not allowable & (ii) The reopening was valid. 6. Ld. Departmental Representative vehemently supported the order of Ld.A.O. 7. Per contra Ld. Counsel for the assessee supported the findings of Ld. CIT(A) and submitted that as per Section 2 (47)(v) of the IT Act "Any transaction involving the allowing

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

section 53A of the Transfer of Property Act, 1882 (4 of 1882); or” 17. The AO issued a notice u/s 142(1) dated 03.12.2019 with Annexure which reads as under: ANNEXURE Assessment Proceedings in your case is pending for AY 2012-13. In this regard, you are requested to comply to the following points: Please furnish complete computation of Long

THE ITO 2 (2), BHOPAL vs. SHRI MUNSHIRAM BALKISHAN VERMA, BHOPAL

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court)

section 54, 54B, 54D, 54E (54EA, 54EB 54F, 54G, 54H) be charged to income tax under the head Capital gain and shall be deemed to be the income of the previous year in which the transfer took place." 10.8 In the present case during the period under consideration, the appellant neither received the full consideration of land nor handed over

THE ITO 2 (2), BHOPAL vs. SHRI MUNSHIRAM BALKISHAN VERMA, BHOPAL

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court)

section 54, 54B, 54D, 54E (54EA, 54EB 54F, 54G, 54H) be charged to income tax under the head Capital gain and shall be deemed to be the income of the previous year in which the transfer took place." 10.8 In the present case during the period under consideration, the appellant neither received the full consideration of land nor handed over

SHRI ARUN MITTAL,INDORE vs. PR. CIT-2, INDORE

Bench: Ms. Suchitra R. Kamble & Shri B.M. Biyani(Conducted Through Virtual Proceeding) Assessment Year: 2014-15 Shri Arun Mittal Pr. Cit-2 Indore Indore Vs. (Appellant / Assessee) (Respondent/ Revenue) Pan: Acapm 7267 P Assessee By Shri C.P. Rawka Shri Venus Rawka, Ars Revenue By None Date Of Hearing 24.08.2022 Date Of Pronouncement 29.09.2022 O R D E R Per B.M. Biyani, A.M.:

section 53A of transfer of property Act, part possession/possession tantamount to transfer. Also at point no. 24 of page no. 6 of the agreement it is mentioned that the developer will complete the formalities regarding the ownership of the land by giving “jahir suchana” in daily newspaper on its own expenses. Development agreement giving right to receive a fixed share

SHRI RAGHVENDRA GOSWAMI,BHOPAL vs. THE ACIT-3(1), BHOPAL

In the result, the appeal of the Assessee is disposed of in terms of indicated hereinabove

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2009-10

gain of Rs.61,53,470/- for A.Y. 2008-09 where the part of it already stood assessed at Rs.22,50,190/-. 4. Ground no.1 is against validity of the reassessment. Ld. Counsel for the assessee vehemently argued that the authorities below were not justified in making the addition in the year under appeal. He submitted that the stand

M/S ASHOKA HI-TECH BUILDERS P. LTD.,INDORE vs. THE DCIT (CENTRAL)-1, INDORE

In the result Ground No.1 and 2 of the assessee’s appeal for A

Bench: Shri Kul Bharat & Shri Manish Borad

53A of Transfer of Property Act, 1882 and since, there is no transfer, there is no reason for recognize revenue. In order to examine the argument of the assessee, it would be imperative to examine Sec. 2(47) which reads as under: "(47) "transfer", in relation to a capital asset, includes,- The s a I e exchange or relinquishment

M/S SHRI GURMUKHDAS CONTRACTORS P LTD,BHOPAL vs. DCIT-CENRRAL-1, BHOPAL

In the result, Revenue’s appeals in I

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

gains because these were created out of bank deposits made in the bank accounts of the assessees after the money transferred from the account of M/s. Alfa India. No telescopic benefit have been given as it was out of the source deposited in the bank accounts of the assessees. Netting of the money left have also not been considered