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

section 10(38) of the Act and merely on the basis of third party documents/ evidences which were never confronted with the appellant thereby depriving him of an effective opportunity of being heard which is grossly violative of the principles of natural justice 4. The appellant reserves the right to add, alter and modify the grounds of appeal as taken

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

gains for which section 45 is the charging section. Section 47 deals with Transaction not regarded as transfer and states that nothing contained in the section 45 shall apply to transfers stated thereunder. Clause (iii)of section 47 reads as under "Transaction not regarded as transfer 47.Nothing contained in section 45 shall apply to the following transfers

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

2 years as per section 54B. The only point is that the assessee has not followed the route of Capital Gain Deposit Scheme while making such investment. This very situation has been directly dealt in following cases where it has been held that the exemption provision is a beneficial law and the benefit of same cannot be denied on hyper

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

Appeal is allowed

section 2(14)(iii)(b) of the Act] and therefore the resultant capital gain was taxable. Accordingly, the AO made addition\nof taxable gain at Rs.67,56

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

56. In G.S. 1's case (supra) it was contended by the revenue that GS1 (India) had acquired intellectual property rights from GS1 (Belgium) and thereafter received registration fees from third parties in India. This was sought to be equated to royalty payments. It was also contended that GS1 (India) had huge surpluses of receipts over expenditure and that payments

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

56. In G.S. 1's case (supra) it was contended by the revenue that GS1 (India) had acquired intellectual property rights from GS1 (Belgium) and thereafter received registration fees from third parties in India. This was sought to be equated to royalty payments. It was also contended that GS1 (India) had huge surpluses of receipts over expenditure and that payments

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

56. In G.S. 1's case (supra) it was contended by the revenue that GS1 (India) had acquired intellectual property rights from GS1 (Belgium) and thereafter received registration fees from third parties in India. This was sought to be equated to royalty payments. It was also contended that GS1 (India) had huge surpluses of receipts over expenditure and that payments

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

56. In G.S. 1's case (supra) it was contended by the revenue that GS1 (India) had acquired intellectual property rights from GS1 (Belgium) and thereafter received registration fees from third parties in India. This was sought to be equated to royalty payments. It was also contended that GS1 (India) had huge surpluses of receipts over expenditure and that payments

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

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

gains arising on sale of land, which the assessee has claimed to\nbe sale of rural agricultural lands and the same being not covered by the definition\nof \" capital asset\", as per provisions of section 2(14)(iii) of the Act 61, the\naddition is disputed by the assessee, being wrongly made on the basis of incorrect\nassumption of facts

JYOTI GOYAL,BHOPAL vs. DCIT-1(1), BHOPAL

Appeal is partly allowed as mentioned above

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year : 2012-13 Jyoti Goyal, Dcit, 18, Shyamla Hills, 1(1), बनाम/ Bhopal Bhopal Vs. (Assessee/Appellant) (Revenue/Respondent) Pan: Abbpg3493P Assessee By Shri S.S. Deshpande, Ca & Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 25.04.2024 Date Of Pronouncement 20.05.2024

capital asset’ u/s 2(14). Therefore, it was not a ‘property’ as defined in Explanation Page 3 of 24 Jyoti Goyal, Bhopal ITA No. 380/Ind/2023 – AY 2012-13 4(d) to section 56(2)(vii)(b) and hence section 56(2)(vii)(b) is not applicable. However, the AO rejected assessee’s twin-submissions and made addition by holding that

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

2. Please furnish a list and copies of all types of bank account statements maintained for the year under statements. consideration along with the reconciliation statements. 3. Capital Gain: a. Please submit complete details of capital gain or loss in tabular form during the relevant period b. Please submit sale and purchase deeds/bills of properties in respect of capital gain

KALPANA JAIN,INDORE vs. THE PR CIT-1, INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

2. Please furnish a list and copies of all types of bank account statements maintained for the year under statements. consideration along with the reconciliation statements. 3. Capital Gain: a. Please submit complete details of capital gain or loss in tabular form during the relevant period b. Please submit sale and purchase deeds/bills of properties in respect of capital gain

MANISH GOVIND AGRAWAL HUF,INDORE vs. I T O 2(1), INDORE

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

56,02,384/- - Jain Capital Traders (merged with SAL) Govind Long Term Turbotech 8,29,555/- 24,866/- Harinarayan Capital Agrawal (HUF) Manish Long Term Turbotech 9,39,230/- 28,176/- Govind Capital Agrawal HUF Darshan Bogus Vas Infra- 7,43,099/- - Kumar Loss structure Pahwa 5. The impugned additions made by the Ld. A.O are on a common reasoning

PRAYANK JAIN,INDORE vs. ACIT5(1), INDORE

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

56,02,384/- - Jain Capital Traders (merged with SAL) Govind Long Term Turbotech 8,29,555/- 24,866/- Harinarayan Capital Agrawal (HUF) Manish Long Term Turbotech 9,39,230/- 28,176/- Govind Capital Agrawal HUF Darshan Bogus Vas Infra- 7,43,099/- - Kumar Loss structure Pahwa 5. The impugned additions made by the Ld. A.O are on a common reasoning

SAPAN SHAH,INDORE vs. ACIT-4(I), INDORE

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

56,02,384/- - Jain Capital Traders (merged with SAL) Govind Long Term Turbotech 8,29,555/- 24,866/- Harinarayan Capital Agrawal (HUF) Manish Long Term Turbotech 9,39,230/- 28,176/- Govind Capital Agrawal HUF Darshan Bogus Vas Infra- 7,43,099/- - Kumar Loss structure Pahwa 5. The impugned additions made by the Ld. A.O are on a common reasoning

GOVIND HARINARAYAN AGRAWAL HUF,INDORE vs. I T O 2(1), INDORE

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

56,02,384/- - Jain Capital Traders (merged with SAL) Govind Long Term Turbotech 8,29,555/- 24,866/- Harinarayan Capital Agrawal (HUF) Manish Long Term Turbotech 9,39,230/- 28,176/- Govind Capital Agrawal HUF Darshan Bogus Vas Infra- 7,43,099/- - Kumar Loss structure Pahwa 5. The impugned additions made by the Ld. A.O are on a common reasoning

SHIV NARAYAN SHARMA,INDORE vs. ACIT CIRCLE 3(1), INDORE

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

56,02,384/- - Jain Capital Traders (merged with SAL) Govind Long Term Turbotech 8,29,555/- 24,866/- Harinarayan Capital Agrawal (HUF) Manish Long Term Turbotech 9,39,230/- 28,176/- Govind Capital Agrawal HUF Darshan Bogus Vas Infra- 7,43,099/- - Kumar Loss structure Pahwa 5. The impugned additions made by the Ld. A.O are on a common reasoning

DARSHAN KUMAR PAHWA,INDORE vs. DCIT CIRCLE5(1), INDORE

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

56,02,384/- - Jain Capital Traders (merged with SAL) Govind Long Term Turbotech 8,29,555/- 24,866/- Harinarayan Capital Agrawal (HUF) Manish Long Term Turbotech 9,39,230/- 28,176/- Govind Capital Agrawal HUF Darshan Bogus Vas Infra- 7,43,099/- - Kumar Loss structure Pahwa 5. The impugned additions made by the Ld. A.O are on a common reasoning