DEPUTY COMMISSIONER OF INCOME TAX -3 (1), INDORE vs. M/S M.P. ENTERTAINMENT AND DEVELOPERS PRIVATE LIMITED, INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

26. Finally the rent receivable/accrued in the assessee hand was calculated at Rs. 7,92,90,780/- which has been determined as the assessee’s income from house property for A.Y. 2011-12 as against the rental income of Rs. 7,95,526/- as shown by the assessee. The income from house property was ultimately determined

THE DCIT-3(1), INDORE vs. M/S. M.P. ENTERTAINMENT & DEVELOPERS PVT. LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

26. Finally the rent receivable/accrued in the assessee hand was calculated at Rs. 7,92,90,780/- which has been determined as the assessee’s income from house property for A.Y. 2011-12 as against the rental income of Rs. 7,95,526/- as shown by the assessee. The income from house property was ultimately determined

M/S. SHEETU EDUCATIONAL SERVICES P LTD.,INDORE vs. THE DCIT 5(1) RANGE-5, INDORE

In the result, all the appeals of the assessee for assessment year 2005-06 to 2010-11 are partly allowed as per our

Bench: Shri D.T. Garasia & Shri O.P. Meena

house property", "annual charge", etc., defined.- For the purposes of sections 22 to 26-- "** ** ** (iiib) a person who acquires any rights

M/S. SHEETU EDUCATIONAL SERVICES P. LTD.,INDORE vs. THE DCIT 5(1), INDORE

In the result, all the appeals of the assessee for assessment year 2005-06 to 2010-11 are partly allowed as per our

Bench: Shri D.T. Garasia & Shri O.P. Meena

house property", "annual charge", etc., defined.- For the purposes of sections 22 to 26-- "** ** ** (iiib) a person who acquires any rights

M/S. SHEETU EDUCATIONAL SERVICES P. LTD.,INDORE vs. THE DCIT 5(1), INDORE

In the result, all the appeals of the assessee for assessment year 2005-06 to 2010-11 are partly allowed as per our

Bench: Shri D.T. Garasia & Shri O.P. Meena

house property", "annual charge", etc., defined.- For the purposes of sections 22 to 26-- "** ** ** (iiib) a person who acquires any rights

M/S SHEETU EDUCATIONAL SERVICE PVT LTD.,INDORE vs. THE DCIT 5(1), INDORE

In the result, all the appeals of the assessee for assessment year 2005-06 to 2010-11 are partly allowed as per our

Bench: Shri D.T. Garasia & Shri O.P. Meena

house property", "annual charge", etc., defined.- For the purposes of sections 22 to 26-- "** ** ** (iiib) a person who acquires any rights

M/S SHEETU EDUCATIONAL SERVICE PVT LTD.,INDORE vs. THE DCIT 5(1), INDORE

In the result, all the appeals of the assessee for assessment year 2005-06 to 2010-11 are partly allowed as per our

Bench: Shri D.T. Garasia & Shri O.P. Meena

house property", "annual charge", etc., defined.- For the purposes of sections 22 to 26-- "** ** ** (iiib) a person who acquires any rights

MS. SANGEETA CHOPRA,UJJAIN vs. THE PR. CIT. UJJAIN, UJJAIN

In the result, the appeal filed by the assessee is allowed

Bench: Shri Manish Borad& Ms. Madhumita Roy

Section 147 of the Act upon filing her return of income showing total income of Rs. 19,740/-: Computation of Capital Gains Sale Consideration received Rs. 29,00,000 Market Value of the property sold Rs. 42,52,000 PARTICULARA SALES MARKET VALUE CONSIDERATION 50% share in house property 14,50,000 21,26

THE ACIT, 3(1), INDORE vs. SHRI PRAMOD KUMAR SETHI, INDORE

In the result appeal filed by the revenue being I

Bench: Shri Kul Bharat & Shri Manish Borad

house property and fell under the specific head described in Section 9. The character of that income was not altered because it was received by the company formed with the object of developing and setting up markets”. 26

SHRI PRAMOD KUMAR SETHI,INDORE vs. THE ACIT 3(1), INDORE

In the result appeal filed by the revenue being I

Bench: Shri Kul Bharat & Shri Manish Borad

house property and fell under the specific head described in Section 9. The character of that income was not altered because it was received by the company formed with the object of developing and setting up markets”. 26

THE ACIT, 3(1), INDORE vs. SHRI PRAMOD KUMAR SETHI, INDORE

In the result appeal filed by the revenue being I

Bench: Shri Kul Bharat & Shri Manish Borad

house property and fell under the specific head described in Section 9. The character of that income was not altered because it was received by the company formed with the object of developing and setting up markets”. 26

SRK DEV BUILD PVT LTD.,INDORE vs. DCIT/ACIT 5(1), INDORE

Appeal is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2016-17 Srk Dev Build Pvt. Ltd, Dcit/Acit-5(1) 18/2, Lasudia Mori, Indore बनाम/ A.B. Road, Vs. Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Aaqcs3387P Assessee By Shri Pranay Goyal & S.N. Goyal, Cas Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 15.04.2024 Date Of Pronouncement 20.06.2024

26 crore. Therefore, considering the above facts and figure in totality and legal proposition of the law, the assets let out to Devi Ansuiya Vidhya Sansthan cannot be classified as business income u/s 28 of the Income-tax Act, 1961. The income if any generated towards letting out the property, can be treated as income from house property, therefore

SATYANARAYAN SHARMA,INDORE vs. PRINCIPAL COMMISSIONER OF INCOME TAX-I, INDORE

In the result, appeal filed by the assessee is partly allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year:2013-14

26,54,892/-. Satyanarayan Sharma /ITANo.426/Ind/2018 The assessee has claimed deduction u/s 54B and 54F against the capital gains accruing on the sale of the property. For the claim of Section. 54F the assessee claimed to have constructed a new residential house

THE ACIT, 4(1), INDORE vs. SHRI SANJAY LUNAWAT, INDORE

Bench: Shri Rajpal Yadav, Vice- & Shri Manish Boradvirtual Hearing Assessment Year 2010-11

26,52,018/- was claimed from the Income from House property and Rs 9,15,600/- was claimed from Income from Other sources. 6.3] The assessee has utilised its interest bearing funds for advancing to different parties and interest income was earned from the same. The assessee had claimed deduction to the extent of Interest received. Hence, claim of deduction

VAISHALI DEVELOPERS AND BUILDERS ,BHOPAL vs. INCOME TAX OFFICER -1(2), BHOPAL

Appeals are allowed

Bench: Shri B.M. Biyani & Shri Udayan Das Gupta

housing project fulfills all the conditions laid down in section 80- IB(10) of the I.T. Act and, therefore, the income from such project is deductible under the said provisions. The learned CIT(A) erred and not justified in his Page 3 of 34 Vaishali Developers And Builders ITA Nos. 26 & 27/Ind/2024- AYs 2007-08 & 2009-10 findings that

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

housing project. Combined reading of Section 2(47)(v) and Section 53A of the Transfer of Property Act would lead to a situation where the land would be for the purpose of Income Tax Act deemed to have been Page 21 of 26

IMRAN KHAN,BHOPAL vs. THE ITO2 (2), BHYOPAL

In the result the issue No

Bench: Shri Vijay Pal Rao & Shri Manish Boradimran Khan Ito 2(2) S/O Sh. Gulab Khan H. No.35 Bhopal Village-Inayatpura Kolar Board, Vs. Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Ckqpk5708M Assessee By Shri Niranjan Purandar Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 02.01.2023 Date Of Pronouncement 11.01.2024

house of the assessee is purchased jointly with his wife. In the case of CIT V~. Natrajan, (2007) 287 ITR 271 (Mad), though this case was decided in relation to Section 54 of the Act, the said Section is pari materia of Section 54F(l) of the Act. Likewise, the Punjab & Haryana High Court in the case

SHRI KAILASH BHAGWAN CHOUDHARY,INDORE vs. THE ITO 2(3), INDORE

In the result, the appeal filed by the assessee is partly

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2011-12

house of the assessee is purchased jointly with his wife. In the case of CIT V~. Natrajan, (2007) 287 ITR 271 (Mad), though this case was decided in relation to Section 54 of the Act, the said Section is pari materia of Section 54F(l) of the Act. Likewise, the Punjab & Haryana High Court in the case