DB POWER LTD,BHOPAL vs. THE ACIT,CENTRAL CIRCLE-1, BHOPAL, BHOPAL

Appeal is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S Db Power Limited, Acit, Central Circle-1, बनाम/ Office Block, 1A, Bhopal Vs. Db City Park, 5Th Floor, Corporate Block, Opp. M.P. Nagar Zone-1, Arera Hills, Bhopal (Pan:Aaccd5475F) (Assessee/Appellant) (Revenue/Respondent) Acit, Central Circle-1, M/S Db Power Limited, बनाम/ Bhopal Office Block, 1A, Vs. Db City Park, 5Th Floor, Corporate Block, Opp. M.P. Nagar Zone-1, Arera Hills, Bhopal (Pan:Aaccd5475F) (Revenue/Appellant) (Assessee/Respondent)

73,04,890/-. Thereafter, the AO issued statutory notices u/s 143(2) and 142(1) from time to time which the assessee complied with. The assessee submitted details/documents as required by AO from time to time. Finally, the AO completed assessment vide order dated 30.03.2022 u/s 147 assessing total Page 2 of 26 M/s DB Power Limited, Bhopal

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 of Rs. 1,29,73,500/- ignoring the consideration shown in documents of transfer of land and in the ITR filed by the appellant in response to notice issued u/s 148. Ground5. The Learned Assessing Officer has erred in passing the assessment order without applying the provisions of Section

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

capital gain as exempt in view of the provisions of section 2(14)(iii) of the Act being beyond the distance of 2 km from the Municipal limits of Harda. Thereafter the assessment was reopened by AO vide notice u/s 148 issued on 27.03.2021 by recording the reasons for reopening as under: “REASONS FOR ISSUE OF NONDEJAS 148 OF INCOME

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

capital gain as exempt in view of the provisions of section 2(14)(iii) of the Act being beyond the distance of 2 km from the Municipal limits of Harda. Thereafter the assessment was reopened by AO vide notice u/s 148 issued on 27.03.2021 by recording the reasons for reopening as under: “REASONS FOR ISSUE OF NONDEJAS 148 OF INCOME

M/S SHREE JAIRAM EDUCATION SOCIETY,BHOPAL vs. PR. CIT (CENTRAL), BHOPAL

In the result, appeal of the assessee in ITANo

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing

section 12AA(3) & 12AA(4) of the Act only on the basis of invoking provisions of section 13(1)(c)(ii) of the Act for cancelling the registration u/s 12AA of the Act which in our view was not correct since only the amount of benefit of exemption can be a subject matter but continuing of registration u/s 12AA

M/S SHREE JAIRAM EDUCATION SOCIETY,BHOPAL vs. ACIT CENTRAL-II, BHOPAL

In the result, appeal of the assessee in ITANo

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing

section 12AA(3) & 12AA(4) of the Act only on the basis of invoking provisions of section 13(1)(c)(ii) of the Act for cancelling the registration u/s 12AA of the Act which in our view was not correct since only the amount of benefit of exemption can be a subject matter but continuing of registration u/s 12AA

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

73 of the paper book vide entry dated 14th August 2012. Out of these 50000 shares held by the assessee, 31100 shares were sold by the assessee during the year under consideration for a consideration of Rs. 16,44,557/-. These shares were sold through stock exchange and from the Page 3 of 17 ITA Nos.215 & others Ind/2019 Sheela Agarwal

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

73 of the paper book vide entry dated 14th August 2012. Out of these 50000 shares held by the assessee, 31100 shares were sold by the assessee during the year under consideration for a consideration of Rs. 16,44,557/-. These shares were sold through stock exchange and from the Page 3 of 17 ITA Nos.215 & others Ind/2019 Sheela Agarwal

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

73 of the paper book vide entry dated 14th August 2012. Out of these 50000 shares held by the assessee, 31100 shares were sold by the assessee during the year under consideration for a consideration of Rs. 16,44,557/-. These shares were sold through stock exchange and from the Page 3 of 17 ITA Nos.215 & others Ind/2019 Sheela Agarwal

HARPREET KAUR,BHOPAL vs. INCOME-TAX OFFICER, 5(2), BHOPAL, BHOPAL

Appeal is allowed in terms mentioned above

Capital gain as shown\nAdd: Unexplained Cash Deposit\nTotal assessed income u/s 143(3) of the I.T. Act 1961\nRs.111387/-\nRs.44018/-\nRs.861000/-\nRs.928369/-\n[Emphasis supplied]\nNow, we re-produce the adjudication made by CIT(A) in first-appeal:\n\"5.1.2.\nThe appellant's arguments have been carefully considered. While\nthe appellant repeatedly asserts that the Assessing Officer (AO) should

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

NATIONAL LAW INSTITUTE UNIVERSITY ,BHOPAL vs. DCIT(EXEMPTION), BHOPAL

Appeal is allowed in terms mentioned above

gaining education in the field of law. The Institute being in such an isolated\nlocation, it is necessary for it to run a mess.\nIn this case, NLIU was maintaining a mess, the receipts of which were being\nmaintained in a separate account & separate books of accounts too were being\nmaintained for it. The amount of receipt of mess

GOVARDHAN TAYAL,SENDHWA vs. THE ITO SENDHWA, SENDHWA

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

73,479/- which was proceeded under Section 143(1) of the Act. As per the return, the assessee derives income from Business (Ginning pressing, Khandsari udyog, and Sugar Mill), trading of shares and bank interest. 3. The same was selected for scrutiny through CASS and notice under Section 143(2) was issued and duly served upon the assessee. Upon verification

SHRI VRINDAVAN TAYAL,SENDHWA vs. THE ITO SENDHWA, SENDHWA

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

73,479/- which was proceeded under Section 143(1) of the Act. As per the return, the assessee derives income from Business (Ginning pressing, Khandsari udyog, and Sugar Mill), trading of shares and bank interest. 3. The same was selected for scrutiny through CASS and notice under Section 143(2) was issued and duly served upon the assessee. Upon verification

SHRI GOPAL TAYAL,SENDHWA vs. THE ITO SENDHWA, SENDHWA

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

73,479/- which was proceeded under Section 143(1) of the Act. As per the return, the assessee derives income from Business (Ginning pressing, Khandsari udyog, and Sugar Mill), trading of shares and bank interest. 3. The same was selected for scrutiny through CASS and notice under Section 143(2) was issued and duly served upon the assessee. Upon verification

SHRI GAURAV TAYAL,SENDHWA vs. THE ITO SENDHWA, SENDHWA

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

73,479/- which was proceeded under Section 143(1) of the Act. As per the return, the assessee derives income from Business (Ginning pressing, Khandsari udyog, and Sugar Mill), trading of shares and bank interest. 3. The same was selected for scrutiny through CASS and notice under Section 143(2) was issued and duly served upon the assessee. Upon verification

SEEMA JAIN,INDORE vs. ITO 1(1), INDORE

Appeal is allowed

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year: 2013-14 Seema Jain, Ito 1(1) 73-Ba, Scheme No.94, Indore Regency Adrise, Near बनाम/ Bombay Hospital, Vs. Vijay Nagar, Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Adtpj4652K Assessee By Shri Anil Khandelwal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 16.07.2025 Date Of Pronouncement 17.07.2025

73-BA, Scheme No.94, Indore Regency Adrise, Near बनाम/ Bombay Hospital, Vs. Vijay Nagar, Indore (Assessee/Appellant) (Revenue/Respondent) PAN: ADTPJ4652K Assessee by Shri Anil Khandelwal, AR Revenue by Shri Ashish Porwal, Sr. DR Date of Hearing 16.07.2025 Date of Pronouncement 17.07.2025 आदेश/ O R D E R Per B.M. Biyani, A.M.: Feeling aggrieved by order of first appeal dated 13.07.2024 passed