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 to 30]. 5.00 CASE OF CHENNAI PROPERTIES - HON'BLE SUPREME COURT The Hon'ble Apex Court in the case of Chennai Properties and Investments Ltd. vs. CIT (2015) 373 ITR 673 (SC) [kindly refer JCB Page No. 1 to 4] has held that where an income has been derived by an assessee from the commercial exploitation of the properties

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

26 to 30]. 5.00 CASE OF CHENNAI PROPERTIES - HON'BLE SUPREME COURT The Hon'ble Apex Court in the case of Chennai Properties and Investments Ltd. vs. CIT (2015) 373 ITR 673 (SC) [kindly refer JCB Page No. 1 to 4] has held that where an income has been derived by an assessee from the commercial exploitation of the properties

ANJU JAIN, LR SUSHIL JAIN,INDORE, MADHYA PRADESH vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, UJJAIN, UJJAIN, MADHYA PRADESH

Appeals are allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

1) regarding the quantum of penalty. The primary condition for levy of penalty is the existence of undisclosed income as per the disclosure made by the assessee under section 132(4). The term ‘undisclosed income’ has been defined in Explanations to section 271AAB. Therefore, as per the definition provided in the Explanation, the undisclosed income may have various forms

MUKESH KUMAR RANKA,INDORE, MADHYA PRADESH vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, UJJAIN, UJJAIN, MADHYA PRADESH

Appeals are allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

1) regarding the quantum of penalty. The primary condition for levy of penalty is the existence of undisclosed income as per the disclosure made by the assessee under section 132(4). The term ‘undisclosed income’ has been defined in Explanations to section 271AAB. Therefore, as per the definition provided in the Explanation, the undisclosed income may have various forms

ANJU JAIN, LR SHRI SUSHIL JAIN ,INDORE, MADHYA PRADESH vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, UJJAIN, UJJAIN, MADHYA PRADESH

Appeals are allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

1) regarding the quantum of penalty. The primary condition for levy of penalty is the existence of undisclosed income as per the disclosure made by the assessee under section 132(4). The term ‘undisclosed income’ has been defined in Explanations to section 271AAB. Therefore, as per the definition provided in the Explanation, the undisclosed income may have various forms

MUKESH KUMAR RANKA,INDORE, MADHYA PRADESH vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, UJJAIN, MADHYA PRADESH

Appeals are allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

1) regarding the quantum of penalty. The primary condition for levy of penalty is the existence of undisclosed income as per the disclosure made by the assessee under section 132(4). The term ‘undisclosed income’ has been defined in Explanations to section 271AAB. Therefore, as per the definition provided in the Explanation, the undisclosed income may have various forms

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

26 M/s.Rajiv Gandhi Proudyogiki Vishwavidyalaya,Bhopal. The university is not owned and run by the state government: 8. According to the Chapter-II of the Rajeev Gandhi Proudyogiki Vishwavidyalaya Adhiniyam, 1998, the Vishwavidyalaya shall be a body corporate. Further, the Vishwavidyalaya shall have perpetual succession and a common seal and shall sue and be sued by its name. The Vishwavidyalaya

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

26 M/s.Rajiv Gandhi Proudyogiki Vishwavidyalaya,Bhopal. The university is not owned and run by the state government: 8. According to the Chapter-II of the Rajeev Gandhi Proudyogiki Vishwavidyalaya Adhiniyam, 1998, the Vishwavidyalaya shall be a body corporate. Further, the Vishwavidyalaya shall have perpetual succession and a common seal and shall sue and be sued by its name. The Vishwavidyalaya

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

26. For the purposes of Section 27 (iiib), it is necessary to understand the definitions of "immovable property" and "transfer" in Section 269UA (d) and (f), which read as under :- '296UA.** ** ** (2)(d) "immovable property" means-(i) any land or any building or part of a building, and includes, where any land or any building or part of a building

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

26. For the purposes of Section 27 (iiib), it is necessary to understand the definitions of "immovable property" and "transfer" in Section 269UA (d) and (f), which read as under :- '296UA.** ** ** (2)(d) "immovable property" means-(i) any land or any building or part of a building, and includes, where any land or any building or part of a building

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

26. For the purposes of Section 27 (iiib), it is necessary to understand the definitions of "immovable property" and "transfer" in Section 269UA (d) and (f), which read as under :- '296UA.** ** ** (2)(d) "immovable property" means-(i) any land or any building or part of a building, and includes, where any land or any building or part of a building

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

26. For the purposes of Section 27 (iiib), it is necessary to understand the definitions of "immovable property" and "transfer" in Section 269UA (d) and (f), which read as under :- '296UA.** ** ** (2)(d) "immovable property" means-(i) any land or any building or part of a building, and includes, where any land or any building or part of a building

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

26. For the purposes of Section 27 (iiib), it is necessary to understand the definitions of "immovable property" and "transfer" in Section 269UA (d) and (f), which read as under :- '296UA.** ** ** (2)(d) "immovable property" means-(i) any land or any building or part of a building, and includes, where any land or any building or part of a building

SHRI SURENDRA SINGH BHATIA,INDORE vs. THE JCIT-3, INDORE

In the result, assessee’s appeal is allowed

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

house property, business etc.. 3.02.2 That, besides admitting the total undisclosed income of 15,89,76,375/-, as aforesaid, during the course of recording the another statement under s. 132(4), of real brother of the appellant namely Shri G.S. Bhatia on 26-10-2007 [kindly refer PB Page No. 43], Shri G.S. Bhatia, on the appellant's request

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

property on 15.01.2016 and made the valuation on 15.01.2016 as noted in his valuation report. [Clause 2 of Part I and clause (c ) of Part III at PB 13 and 15] c. Cost of construction – Clause 41 – Year of commencement and year of completion: 2012-14 [PB 15] d. Valuation report also states that ‘valuation done for cost of construction

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

26 Shri Jairam Education Society ITA No.90 & 548/Ind/2019 with effect from 01.04.2008 (with retrospective effect). 5.3) If the provision of section 13 are violated, then the Assessing Officer is empowered to forfeit the exemption permissible U/S 11 & 12 and that also to the extent of amount not allowed U/S 11 & 12 it is also added by the appellant that such

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

26 Shri Jairam Education Society ITA No.90 & 548/Ind/2019 with effect from 01.04.2008 (with retrospective effect). 5.3) If the provision of section 13 are violated, then the Assessing Officer is empowered to forfeit the exemption permissible U/S 11 & 12 and that also to the extent of amount not allowed U/S 11 & 12 it is also added by the appellant that such

SHRI AMIT TIWARI,INDORE vs. THE DCIT (CENTRAL)-2, INDORE

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year:2015-16

house property and income from other sources. The returned income was accepted by the AO while framing the assessment under section 143(3) and hence assessee’s case does not fall in the category where the regular books of accounts are mandatory. The entries of investment in real estate were found recorded in the diary and in the absence