DILIP CHANDRASENRO MAHADIK,INDORE vs. THE PR CIT -2 INDORE, INDORE

Appeal is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2015-16 Shri Dilip Chandrasenrao Pr.Cit-2, Mahadik, Indore. बनाम/ 479, Kalani Nagar, Vs. Indore (Assessee / Appellant) (Revenue / Respondent) Pan: Abwpm3141M Assessee By S/Shri Rajnish Vohra, Chetan Khandelwal & Nitesh Dawira, Ld. Ars Revenue By Shri P.K. Mishra, Cit Dr Date Of Hearing 24.05.2023 Date Of Pronouncement 17.08.2023

section 50C. The AO has accepted the capital gain declared by assessee and thus committed an error while completing assessment. 4. Accordingly, Ld. PCIT issued a show-cause notice dated 04.09.2019 by which the assessee was asked to explain as to why the assessment-order may not be revised. In response thereto, the assessee filed submission which is re-produced

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

57 of the paper book as well as the bank account statement of the assessee at page no.58 of the paper book and submitted that the purchase consideration was paid through banking channels vide cheque no.767734 reflected in the bank account statement of the assessee. Thus, the Ld. AR has submitted that the assessee made the payment of purchase consideration

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

57 of the paper book as well as the bank account statement of the assessee at page no.58 of the paper book and submitted that the purchase consideration was paid through banking channels vide cheque no.767734 reflected in the bank account statement of the assessee. Thus, the Ld. AR has submitted that the assessee made the payment of purchase consideration

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

57 of the paper book as well as the bank account statement of the assessee at page no.58 of the paper book and submitted that the purchase consideration was paid through banking channels vide cheque no.767734 reflected in the bank account statement of the assessee. Thus, the Ld. AR has submitted that the assessee made the payment of purchase consideration

ASHISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

Section 147/143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for A.Ys. 2011-12 & 2012- 13 respectively. 2. ITA No. 199/Ind/2019 A.Y. 2011-12 is taken as the lead case. The disallowance of claim of long term capital gain on sale of listed shares amounting to Rs. 77,57

MANISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

Section 147/143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for A.Ys. 2011-12 & 2012- 13 respectively. 2. ITA No. 199/Ind/2019 A.Y. 2011-12 is taken as the lead case. The disallowance of claim of long term capital gain on sale of listed shares amounting to Rs. 77,57

PAWAN KUMAR CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

Section 147/143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for A.Ys. 2011-12 & 2012- 13 respectively. 2. ITA No. 199/Ind/2019 A.Y. 2011-12 is taken as the lead case. The disallowance of claim of long term capital gain on sale of listed shares amounting to Rs. 77,57

MANISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

Section 147/143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for A.Ys. 2011-12 & 2012- 13 respectively. 2. ITA No. 199/Ind/2019 A.Y. 2011-12 is taken as the lead case. The disallowance of claim of long term capital gain on sale of listed shares amounting to Rs. 77,57

PRAGYA SAXENA,BHOPAL vs. PCIT-1, BHOPAL

In the result, this appeal of assessee is dismissed

Bench: Shri Chandra Mohan Garg & Shri B.M. Biyaniassessment Year: 2012-13 Smt. Pragya Saxena Pr. Cit-1 बनाम/ Bhopal Bhopal Vs. (Appellant / Assessee) (Respondent / Revenue) Pan: Awfps 9685 L Assessee By Shri S.S. Deshpandey, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 18.11.2022 Date Of Pronouncement 03.02.2023

section 54F prescribed proportionate exemption in the ratio of “new investment ÷ actual consideration”, the exemption would at best be Rs. 57,26,430 (capital gain

SMT. SARLA JAIN,KHANDWA vs. ITO WARD 1 KHANDWA, KHANDWA

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2015-16 Smt. Sarla Jain, Ito, C/O Nakoda Marketing, Ward-1, बनाम/ Bhavani Mata Road, Khandwa Khandwa Vs. (Assessee / Appellant) (Revenue / Respondent) Pan: Abvpj1316J Assessee By Shri Pawan Ved, Advocate Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 31.05.2023 Date Of Pronouncement 24.08.2023

section 153C. In that view of matter, we are of the considered view that the AO is very much justified in framing assessment u/s 143(3). Therefore, there is no worth in the ground of assessee. The same is hereby dismissed. Page 15 of 24 Smt.Sarla Jain, Khadwa,vs.ITO,Ward 1, Khanndwa A. Y. : 2015-16 Ground

THE ACIT, CENTRAL-2, INDORE vs. M/S. CHUGH REALTY, INDORE

In the result, the appeals of the Revenue for the A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad(Virtual Hearing)

section 68,69 and 69A, 69B and 69C of the said Act arises as the same has not been invoked by the Department. It is an admitted position between the parties as reflected even in the order the Assessing officer that undisclosed income was in fact received by the respondent in the course of carrying out its business activities

THE ACIT, CENTRAL-2, INDORE vs. SHRI MOHANLAL CHUGH, INDORE

In the result, the appeals of the Revenue for the A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad(Virtual Hearing)

section 68,69 and 69A, 69B and 69C of the said Act arises as the same has not been invoked by the Department. It is an admitted position between the parties as reflected even in the order the Assessing officer that undisclosed income was in fact received by the respondent in the course of carrying out its business activities

THE ACIT, CENTRAL-2, INDORE vs. SHRI NITESH CHUGH, INDORE

In the result, the appeals of the Revenue for the A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad(Virtual Hearing)

section 68,69 and 69A, 69B and 69C of the said Act arises as the same has not been invoked by the Department. It is an admitted position between the parties as reflected even in the order the Assessing officer that undisclosed income was in fact received by the respondent in the course of carrying out its business activities

SMT. SHARDA,HARSUD, KHANDWA vs. THE PCIT-1, INDORE, INDORE

In the result, appeals of the assesse in ITANo

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Premnarayan Pcit (1) 31, Somgaon Khurd, Aaykar Bhawan Harsud, Vs. Indore Khandwa (Appellant / Assessee) (Respondent/ Revenue) Pan: Cjzpp1164J Smt. Sharda Pcit (1) A/45, Naya Harsud, Aaykar Bhawan Vs. Khandwa Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Fdxps2997P Assessee By Shri S.N. Agrawal & Pankaj Mogra, Ars Revenue By Shri Ram Kumar Yadav, Cit-Dr Date Of Hearing 21.08.2024 Date Of Pronouncement 30.08.2024

57,631/- u/s 2(14)(iii) of the Act. The assessment was reopened by vide notice u/s 148 issued on 27.03.2021 on the issue that the agricultural land sold by the assessee comes under the definition of capital asset. In response to the said notice the assesse filed return of income of Rs.44,940/- as declaring in the original return

SHRI PREMNARAYAN,HARSUD, KHANDWA vs. THE PCIT-1, INDORE, INDORE

In the result, appeals of the assesse in ITANo

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Premnarayan Pcit (1) 31, Somgaon Khurd, Aaykar Bhawan Harsud, Vs. Indore Khandwa (Appellant / Assessee) (Respondent/ Revenue) Pan: Cjzpp1164J Smt. Sharda Pcit (1) A/45, Naya Harsud, Aaykar Bhawan Vs. Khandwa Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Fdxps2997P Assessee By Shri S.N. Agrawal & Pankaj Mogra, Ars Revenue By Shri Ram Kumar Yadav, Cit-Dr Date Of Hearing 21.08.2024 Date Of Pronouncement 30.08.2024

57,631/- u/s 2(14)(iii) of the Act. The assessment was reopened by vide notice u/s 148 issued on 27.03.2021 on the issue that the agricultural land sold by the assessee comes under the definition of capital asset. In response to the said notice the assesse filed return of income of Rs.44,940/- as declaring in the original return

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

capital gains claimed by the assessee. The copy of the said ITA Nos. 138 & 110/Ind/2021 [Kalpana Jain & Hasanand Khemlani] Asst.Year.– 2016-17 - 8 - notice dated 04.06.2018 issued by the ITO under Section 142(1) of the Act alongwith annexure, appearing at Page Nos. 56 & 57

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

capital gains claimed by the assessee. The copy of the said ITA Nos. 138 & 110/Ind/2021 [Kalpana Jain & Hasanand Khemlani] Asst.Year.– 2016-17 - 8 - notice dated 04.06.2018 issued by the ITO under Section 142(1) of the Act alongwith annexure, appearing at Page Nos. 56 & 57

NAYANA JAYESH PATEL,INDORE vs. ASSESSING OFFICER, INDORE

Appeal is allowed for statistical purpose

capital gain of rs. 18594875 as against computed by\nthe assessee and accepted in original assessment at rs. nil.\n5. That Id. CIT(A) has erred in not considering the provisions of first\nproviso to section 50c of the act properly and also without considering\nthe supporting documents submitted by assessee in support of\napplication of first proviso to section