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

55. It would be appropriate to also examine the observations of another Division Bench of this court in G.S.1's case (supra). While considering Circular No.11 of 2008 issued by the CBDT, to which a reference has been made earlier in this judgment, the Division Bench held that it was evident from the said circular that the new proviso

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

55. It would be appropriate to also examine the observations of another Division Bench of this court in G.S.1's case (supra). While considering Circular No.11 of 2008 issued by the CBDT, to which a reference has been made earlier in this judgment, the Division Bench held that it was evident from the said circular that the new proviso

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

55. It would be appropriate to also examine the observations of another Division Bench of this court in G.S.1's case (supra). While considering Circular No.11 of 2008 issued by the CBDT, to which a reference has been made earlier in this judgment, the Division Bench held that it was evident from the said circular that the new proviso

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

capital gain claimed as exempt under 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

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

capital gain claimed as exempt under 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

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

capital gain claimed as exempt under 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

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

capital gain claimed as exempt under 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

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

capital gain claimed as exempt under 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

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

section 40A(3) of the I. T. Act.” 2. Heard the learned Representatives of both sides at length and case- records perused. 3. Brief facts leading to present appeal are such that the assessee- individual submitted his return of income declaring a total income of Rs. 17,29,650/- which was subjected to scrutiny assessment u/s 143(2). Finally

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

Appeals are allowed

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

55 [[[ ITA No. 109 to 111/Ind/2023 – AYs 2012-13, 2013-14 & 2013-14 M/s Idea Cellular Ltd., Indore. Further, the expression ‘royalty” is defined in Explanation 2 & 6 to section 9(1)(vi) as under: “Explanation 2.—For the purposes of this clause, "royalty" means consideration (including any lump sum consideration but excluding any consideration which would be the income

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

Appeals are allowed

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

55 [[[ ITA No. 109 to 111/Ind/2023 – AYs 2012-13, 2013-14 & 2013-14 M/s Idea Cellular Ltd., Indore. Further, the expression ‘royalty” is defined in Explanation 2 & 6 to section 9(1)(vi) as under: “Explanation 2.—For the purposes of this clause, "royalty" means consideration (including any lump sum consideration but excluding any consideration which would be the income

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

Appeals are allowed

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

55 [[[ ITA No. 109 to 111/Ind/2023 – AYs 2012-13, 2013-14 & 2013-14 M/s Idea Cellular Ltd., Indore. Further, the expression ‘royalty” is defined in Explanation 2 & 6 to section 9(1)(vi) as under: “Explanation 2.—For the purposes of this clause, "royalty" means consideration (including any lump sum consideration but excluding any consideration which would be the income

BIHARILAL,HOSHANGABAD vs. COMISSIONER OF INCOME TAX (APPEALS), NFAC-DELHI

Appeal is allowed for statistical purpose

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year:2018-19 Assessment Unit Of Income- Biharilal, Tax Department S/O Gaurishankar, 508, Ward No. 15, बनाम/ Shobhapur, Vs. Hoshangabad (Assessee/Appellant) (Revenue/Respondent) Pan: Eonpb2765E Assessee By Ms. Saniya Farhaz Memon, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 29.01.2026 Date Of Pronouncement 19.02.2026

capital gain’ without giving any deduction for cost of acquisition/improvement allowable to assessee, therefore the income assessed by AO is against the provisions of section 45(1) r.w.s. section 48 and 55(1)/(2

LATE SHRI KHEMRAJ PATIDAR (THROUGH WIFE AND LEGAL HEIR SMT. BHAGWATI PATIDAR),BHOPAL vs. INCOME-TAX OFFICER, 2(4), BHOPAL, BHOPAL

Appeal is allowed for statistical purpose

sections": [ "144", "147", "148", "142(1)", "133(6)", "50C", "2(14)", "48", "55(2)(b)(i)" ], "issues": "Whether the land sold was an agricultural land exempt from capital gains

SMT. SHEELA AGRAWAL,INDORE vs. ITO-5(5), INDORE

In the result, all three appeals of two assessee are allowed

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

55 of the paper book, thereafter assessee got these shares converted in demat form on 14th August 2012 which is evident from page no.43 to 54 of the paper book. The said company announced a stock split from 1 shares to 10 shares on 12th April 2013 resulting the number of shares held by the assessee increased from

ANKUR AGRAWAL,INDORE vs. ITO-5(1), INDORE

In the result, all three appeals of two assessee are allowed

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

55 of the paper book, thereafter assessee got these shares converted in demat form on 14th August 2012 which is evident from page no.43 to 54 of the paper book. The said company announced a stock split from 1 shares to 10 shares on 12th April 2013 resulting the number of shares held by the assessee increased from

SMT. SHEELA AGRAWAL,INDORE vs. ITO-5(5), INDORE

In the result, all three appeals of two assessee are allowed

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

55 of the paper book, thereafter assessee got these shares converted in demat form on 14th August 2012 which is evident from page no.43 to 54 of the paper book. The said company announced a stock split from 1 shares to 10 shares on 12th April 2013 resulting the number of shares held by the assessee increased from

HASSANAND KHEMLANI,INDORE vs. THE PCIT-1 ,INDORE, INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

capital gain, copy of purchase and sale deed of property, expenses relating to transfer of property. The entire details including the bank statement as submitted by the assessee before the ITO is appearing from Page Nos. 63 to 82 of the Paper Book filed before us. In fact, Page 63 is the acknowledgement of reply in respect of the notice