VIJAY RADHESHYAM NYATI HUF,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

7. VIDHI MALHOTRA & ANR. Vs. ITO & ANR. (DELHI TRIBUNAL) – (2018) - 54 CCH 0429 – (Pages 151 – 156 of Case Laws Paper Book) 8. AMAR NATH GOENKA & ORS. Vs. ACIT & ORS. (DELHI TRIBUNAL) – (2018) - 54 CCH 0344 – (Pages 157 – 167 of Case Laws Paper Book) 9. DCIT Vs. SAURABH MITTAL (JAIPUR TRIBUNAL) – (2018) - 53 CCH 0530 Pages 168 – 188 10. VAISHAL SURYAKANT

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

7. VIDHI MALHOTRA & ANR. Vs. ITO & ANR. (DELHI TRIBUNAL) – (2018) - 54 CCH 0429 – (Pages 151 – 156 of Case Laws Paper Book) 8. AMAR NATH GOENKA & ORS. Vs. ACIT & ORS. (DELHI TRIBUNAL) – (2018) - 54 CCH 0344 – (Pages 157 – 167 of Case Laws Paper Book) 9. DCIT Vs. SAURABH MITTAL (JAIPUR TRIBUNAL) – (2018) - 53 CCH 0530 Pages 168 – 188 10. VAISHAL SURYAKANT

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

7. VIDHI MALHOTRA & ANR. Vs. ITO & ANR. (DELHI TRIBUNAL) – (2018) - 54 CCH 0429 – (Pages 151 – 156 of Case Laws Paper Book) 8. AMAR NATH GOENKA & ORS. Vs. ACIT & ORS. (DELHI TRIBUNAL) – (2018) - 54 CCH 0344 – (Pages 157 – 167 of Case Laws Paper Book) 9. DCIT Vs. SAURABH MITTAL (JAIPUR TRIBUNAL) – (2018) - 53 CCH 0530 Pages 168 – 188 10. VAISHAL SURYAKANT

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

Section 10(38) of the Act. However, the Ld. A.O was not convinced and observed that the figures available from the Annual Report shows that the market value of the equity share of the company on the stock exchange is unrealistic and not at par with the financials of the company. The price are manipulated and they

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

Section 10(38) of the Act. However, the Ld. A.O was not convinced and observed that the figures available from the Annual Report shows that the market value of the equity share of the company on the stock exchange is unrealistic and not at par with the financials of the company. The price are manipulated and they

KANHAIYA LAL PANCHAL,RATLAM vs. BPL-W-(91)(95), RATLAM

In the result, the appeal of the assessee is allowed

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year:2024-25 Kanhaiya Lal Panchal, Bpl-W-(91)(95) 1, Jadwasa Kala, बनाम/ Ratlam Vs. (Assessee/Appellant) (Revenue/Respondent) Pan: Aqrpp0055D Assessee By Shri Kaide Kangsawala, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 06.01.2026 Date Of Pronouncement 16.01.2026

capital gains under section 111A, which were correctly included in the return of income and subjected to tax at 15%. Since the total income did not exceed Rs. 7

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 2(29B). We may also state here that in the assessee's transaction of LTCG, the sale consideration received is Rs.7,82,75,591 pursuant to sale of Listed Scripts of Sunrise between 19.09.2013 - 25.03.2014 and the amount of capital gain as computed by the assessee is Rs.7,51,07,591/- after taking into consideration the cost of purchases

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

Appeal is allowed for statistical purposes

section 2(14)(iii)(a)/(b), the capital gain\narising therefrom must be held to be exempt/non-taxable. Without prejudice,\nLd. AR also submitted that the capital gain arising upto the date of diversion\nmust be accepted as arising from sale of agricultural land.\n15. Per contra, Ld. DR for revenue opposed the submissions of Ld. AR\nwith following contentions

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 for examination of issue related to the Capital gain on sale of plot and deduction as claimed by the assessee u/s 54F without properly appreciating the facts of the case and submission made before him. The order as passed by the Ld. Pr. CIT requires to be quashed. 4. The assessee reserve its right

DCIT-1(1), BHOPAL vs. SHRI PRAKASH BHOJWANI, BHOPAL

Appeal is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2010-11 Dy. Cit, Shri Prakash Bhojwani, 1(1), H.No. 7, Parika Phase-I, Bhopal Walmi Road, बनाम/ Chuna Bhatti, Vs. Bhopal (Revenue / Respondent) (Assessee / Appellant) Pan: Abvpb 8825 E Assessee By Shri Ashish Goyal & Shri N.D. Patwa, Ars Revenue By Shri Harshit Bari, Sr. Dr Date Of Hearing 02.11.2023 Date Of Pronouncement 02.01.2024

section 43(5). The remaining transactions have resulted in short term capital gain. Therefore, the AO’s action in treating the entire short term capital of Rs. 57,28,867/- as business income was incorrect, unjustified and arbitrary. In the facts and circumstances of the case, the amount of Rs. 7

ACIT CENTRAL-2 INDORE, INDORE vs. SHRI .GAURAV TEKRIWAL, INDORE

In the result, this appeal of Revenue is dismissed

Bench: Ms. Madhumita Roy & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2015-16 Acit, Central -2 Shri Gaurav Tekriwal Indore बनाम/ 204, Princess Valley, South Tukoganj, Indore Vs. (Appellant / Revenue) (Respondent / Revenue) Pan: Acppt 1628 Q Assessee By Shri Anil Kamal Garg, Arpit Gaur, Ars Revenue By Shri P.K. Mitra, Cit-Dr Date Of Hearing 21.09.2022 Date Of Pronouncement 21.11.2022

Capital Gain of Rs. 3,25,00,000/- shown as received from relinquishment of tenancy right is hereby rejected and the said amount is treated as income from other sources in the hand of assessee within meaning of section 56 of the Act.” 7

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

7. Smt. Babitha Kemparajee Urs Vs. CIT (2017) 86 taxmann.com 43 (Bang- Trib) 8. Kannan Chandrashekar Vs. ITO (2017) 82 taxmann.com 284 (Chennai- Trib) 5. On the other hand, the ld. DR submitted that Section 54F(4) of the Act stipulates that for claiming the benefit of Capital Gain

SHRI KRISHNA MOHAN CHOURSIYA, RAJGARH vs. ITO, RAJGARH

In the result, the assessee’s appeal i

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year: 2014-15

section 2(14)(iii) of the Act as all these documentary evidences filed by the assessee and contents appearing therein have not been found ITA No.853 of 2017 7 Krishna Mohan Chourasia to be incorrect by the Revenue Authorities at any stage. The Revenue Authorities made/confirmed the addition on account of long-term capital gain

SARITA BAGDI ,INDORE vs. THE ITO WARD-4(1), INDORE

In the result appeal of the assessee is allowed

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2011-12

7 Smt. Sarita Bagdi earning long term capital gain & such transaction has been undertaken through banking channel as well as on the recognized stock exchange. That, the only basis relying upon which the conclusion of non- genuineness of the long-term capital gain earned was drawn by the Ld. AO, is the information received from Financial investigation unit

RUPESH VYAS,INDORE vs. THE ACIT3(1), INDORE, INDORE

In the result, this appeal of assessee is dismissed

Bench: Shri T.R. Senthil Kumar & Shri B.M. Biyani

capital gain and paper work has been done merely to give a colour of authenticity to the transaction and by creating a façade of legitimate transactions. The same is therefore chargeable to tax u/ s 68 of IT Act. Section 68 of the Income-tax Act, 1961, reads as under: "68. Where any sum is found credited in the books

SMT SHILPA DESAI ,INDORE vs. THE PR CIT -1, INDORE

In the result, the assessee’s appeal i

Bench: Shri Mahavir Prasad & Shri Manish Borad(Virtual Hearing) Assessment Year: 2015-16 Smt. Shilpa Desai, Indore Pan – Abzpd 4926 A … Appellant Vs. Pcit-I, Indore … Respondent

7,40,09,164/- in her Income Tax return against which she claimed deduction u/s 54F and 54EC totaling to Rs. 3,82,58,792/- and after claiming said deduction she offered balance Amount of Capital Gain of Rs. 3,57,50,372/- as her Income under the head Income from Capital Gain and duly paid tax thereon. The case

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

7. Further Ld. counsel for the assessee also stated that the alleged transaction of transfer of immovable property is merely gift and the same is out of the purview of the computation of the capital gain and also provision of section

RUPESH VYAS,INDORE vs. THE ACIT3(1), INDORE, INDORE

In the result, this appeal of assessee is dismissed

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani

capital gain and paper work has been done merely to give a colour of authenticity to the transaction and by creating a façade of legitimate transactions. The same is therefore chargeable to tax u/ s 68 of IT Act. Section 68 of the Income-tax Act, 1961, reads as under: "68. Where any sum is found credited in the books