SMT. MAMTA NYATI DHAMNOD DISTT. DHAR,DHAMNOD vs. ITO DHAR, 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

disallowing Long Term Capital Gain on sale of shares of Rs. 35,99,598/- claimed exempt u/s 10(38) of the Act, 1961 and treating it as income from undisclosed sources. That on the facts and in the circumstances of the case, the Long Term Capital Gain of Rs. 35,99,598/- was rightly claimed as exempt u/s 10(38

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

disallowing Long Term Capital Gain on sale of shares of Rs. 35,99,598/- claimed exempt u/s 10(38) of the Act, 1961 and treating it as income from undisclosed sources. That on the facts and in the circumstances of the case, the Long Term Capital Gain of Rs. 35,99,598/- was rightly claimed as exempt u/s 10(38

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

disallowing Long Term Capital Gain on sale of shares of Rs. 35,99,598/- claimed exempt u/s 10(38) of the Act, 1961 and treating it as income from undisclosed sources. That on the facts and in the circumstances of the case, the Long Term Capital Gain of Rs. 35,99,598/- was rightly claimed as exempt u/s 10(38

ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL)-II, BHOPAL, BHOPAL vs. M/S AGRAWAL CONSTRUCTION CO., BHOPAL

Bench: Shri Manish Borad & Mis Madhumita Royvirtual Hearing It(Ss)A Nos.233 To 238/Ind/2017 Assessment Year:2006-07 To 2011-12 M/S. Agrawal Construction Co. Acit, 1(1) बनाम/ Bhopal Bhopal (Appellant) (Respondent ) Vs. P.A. No.Aaefa8225H It(Ss)A No.224 To 226/Ind/2017 Assessment Year:2009-10 To 2011-12 Acit, 1(1) M/S. Agrawal Construction बनाम/ Bhopal Co. Bhopal Vs. (Appellant) (Respondent ) P.A. No.Aaefa8225H Assessment Year: 2012-13

section. The appellant has made claim of deduction u/s 80IB(10) wherein, the permission certificate and completion certificate from the local authority have been obtained within cutoff date which is the most basis requirement to claim deduction u/s 80IB(10). 16. We have considered rival contentions and gone through the material available on record. We find that the Revenue could

M/S AGARWAL CONSTRUCTION COMPANY ,BHOPAL vs. DYPTI COMMISSIONER OF INCOME TAX, (CENTRAL), BHOPAL, BHOPAL

Bench: Shri Manish Borad & Mis Madhumita Royvirtual Hearing It(Ss)A Nos.233 To 238/Ind/2017 Assessment Year:2006-07 To 2011-12 M/S. Agrawal Construction Co. Acit, 1(1) बनाम/ Bhopal Bhopal (Appellant) (Respondent ) Vs. P.A. No.Aaefa8225H It(Ss)A No.224 To 226/Ind/2017 Assessment Year:2009-10 To 2011-12 Acit, 1(1) M/S. Agrawal Construction बनाम/ Bhopal Co. Bhopal Vs. (Appellant) (Respondent ) P.A. No.Aaefa8225H Assessment Year: 2012-13

section. The appellant has made claim of deduction u/s 80IB(10) wherein, the permission certificate and completion certificate from the local authority have been obtained within cutoff date which is the most basis requirement to claim deduction u/s 80IB(10). 16. We have considered rival contentions and gone through the material available on record. We find that the Revenue could

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

Disallowance - - - 50522 of expenses 5. Since the issues are common we are adjudicating the same on the basis of facts of the case of Mr. Ayush Jain in ITA No.616/Ind/2019 to which no objection was raised by any of the parties. 6. Brief facts of the case as culled out from the records are that the assessee is an individual

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

Disallowance - - - 50522 of expenses 5. Since the issues are common we are adjudicating the same on the basis of facts of the case of Mr. Ayush Jain in ITA No.616/Ind/2019 to which no objection was raised by any of the parties. 6. Brief facts of the case as culled out from the records are that the assessee is an individual

M/S RAJIV GANDHI PROUDYOGIK VISHWAVIDHALYA,HOSANGABAD vs. DCIT CPC, BENGALURU

In the result, the appeal of the assessee in I

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 324 & 325/Ind/2018 "नधा"रणवष" / Assessment Years: 2014-15 & 2015-16 M/S. Rajiv Gandhi Proudyogiki Vs. Dcit, Vishwavidyalaya, Cpc, Bhopal Bangaluru

38 M/s.Rajiv Gandhi Proudyogiki Vishwavidyalaya,Bhopal. (v) disallowance of deduction claimed under sections 10AA, 80IA,, 80-IAB, 80IB, 80-IC, 80-ID or section 80IE, if the return is furnished beyond the due date specified under sub-section (1) of section 139; ,or (vi) addition of income appearing in Form 26AS or Form 16A or Form 16 which

M/S RAJIV GANDHI PROUDYOGIK VISHWAVIDHALYA,HOSANGABAD vs. DCIT CPC, BENGALURU

In the result, the appeal of the assessee in I

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 324 & 325/Ind/2018 "नधा"रणवष" / Assessment Years: 2014-15 & 2015-16 M/S. Rajiv Gandhi Proudyogiki Vs. Dcit, Vishwavidyalaya, Cpc, Bhopal Bangaluru

38 M/s.Rajiv Gandhi Proudyogiki Vishwavidyalaya,Bhopal. (v) disallowance of deduction claimed under sections 10AA, 80IA,, 80-IAB, 80IB, 80-IC, 80-ID or section 80IE, if the return is furnished beyond the due date specified under sub-section (1) of section 139; ,or (vi) addition of income appearing in Form 26AS or Form 16A or Form 16 which

M/S. D.K. CONSTRUCTION,BHOPAL vs. THE ACIT, 2(1), BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

section 80-IB(10) allows deduction only if the entire housing project is completed within the specified time and since in the present-case, the assessee had completed a part of the project (178 units) but not entire project, it is not entitled to deduction. With such observations, the Ld. AO disallowed deduction. 9. During first-appeal, the assessee made

THE ACIT (CENTRAL)-I, BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

section 80-IB(10) allows deduction only if the entire housing project is completed within the specified time and since in the present-case, the assessee had completed a part of the project (178 units) but not entire project, it is not entitled to deduction. With such observations, the Ld. AO disallowed deduction. 9. During first-appeal, the assessee made

THE ACIT (CENTRAL)-I, BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

section 80-IB(10) allows deduction only if the entire housing project is completed within the specified time and since in the present-case, the assessee had completed a part of the project (178 units) but not entire project, it is not entitled to deduction. With such observations, the Ld. AO disallowed deduction. 9. During first-appeal, the assessee made

THE ACIT (CENTRAL)-I, BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

section 80-IB(10) allows deduction only if the entire housing project is completed within the specified time and since in the present-case, the assessee had completed a part of the project (178 units) but not entire project, it is not entitled to deduction. With such observations, the Ld. AO disallowed deduction. 9. During first-appeal, the assessee made

THE ACIT (CENTRAL)-I, BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

section 80-IB(10) allows deduction only if the entire housing project is completed within the specified time and since in the present-case, the assessee had completed a part of the project (178 units) but not entire project, it is not entitled to deduction. With such observations, the Ld. AO disallowed deduction. 9. During first-appeal, the assessee made

M/S BALAJEE STERLING BUILDER,BHOPAL vs. THE DCIT-1(1), BHOPAL

In the result, both of the appeals of assessee are allowed

Bench: Ms. Madhumita Roy & Shri B.M. Biyani

38,578/- claimed u/s 801B(10) of the Income Tax Act, 1961. II. On the facts and in the circumstances of the case, the Assessing Officer has erred in charging interest u/s 234A, 234B and 234C. III. The Appellant craves leave to add, amend, alter or delete any of the grounds as may be required in the nature and circumstance

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

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

disallowed the claim made u/s 10(38) towards Long Term Capital Gain. However in this aspect we have considered the judgment passed by the Hon’ble ITAT, Delhi Bench in the case of Swati Luthra Vs ITO reported in (2020) 115 taxmann.com 167 (Delhi-Trib) where the scrips of this particular 12 Radheyshyam Khandelwal & Ors ITA No.7

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

disallowed the claim made u/s 10(38) towards Long Term Capital Gain. However in this aspect we have considered the judgment passed by the Hon’ble ITAT, Delhi Bench in the case of Swati Luthra Vs ITO reported in (2020) 115 taxmann.com 167 (Delhi-Trib) where the scrips of this particular 12 Radheyshyam Khandelwal & Ors ITA No.7