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

5, held that the identical to that of held that merely because main object of the Chennai Properties & income is attached to assessee in its MOA : Rayala Corporation. The any immovable property was to acquire & hold assessee company has cannot be the sole factor for properties and to let out been incorporated with assessment of such income as such properties

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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

5, held that the identical to that of held that merely because main object of the Chennai Properties & income is attached to assessee in its MOA : Rayala Corporation. The any immovable property was to acquire & hold assessee company has cannot be the sole factor for properties and to let out been incorporated with assessment of such income as such properties

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 under as per provision of Section 27(iiib) of the Act . The Ld. A.R. has relied in the case of Nahalchand Laloochand (P) Ltd. vs. ACIT, Mumbai[2014] 52 taxmann.com 1567(SC)/ [2015] 228 Taxman 1(SC) wherein it was held that the essential condition, for a transfer of an immovable property referred to in clause

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 under as per provision of Section 27(iiib) of the Act . The Ld. A.R. has relied in the case of Nahalchand Laloochand (P) Ltd. vs. ACIT, Mumbai[2014] 52 taxmann.com 1567(SC)/ [2015] 228 Taxman 1(SC) wherein it was held that the essential condition, for a transfer of an immovable property referred to in clause

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 under as per provision of Section 27(iiib) of the Act . The Ld. A.R. has relied in the case of Nahalchand Laloochand (P) Ltd. vs. ACIT, Mumbai[2014] 52 taxmann.com 1567(SC)/ [2015] 228 Taxman 1(SC) wherein it was held that the essential condition, for a transfer of an immovable property referred to in clause

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 under as per provision of Section 27(iiib) of the Act . The Ld. A.R. has relied in the case of Nahalchand Laloochand (P) Ltd. vs. ACIT, Mumbai[2014] 52 taxmann.com 1567(SC)/ [2015] 228 Taxman 1(SC) wherein it was held that the essential condition, for a transfer of an immovable property referred to in clause

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 under as per provision of Section 27(iiib) of the Act . The Ld. A.R. has relied in the case of Nahalchand Laloochand (P) Ltd. vs. ACIT, Mumbai[2014] 52 taxmann.com 1567(SC)/ [2015] 228 Taxman 1(SC) wherein it was held that the essential condition, for a transfer of an immovable property referred to in clause

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 21,26,000 sold (Itwara, Bhopal) Indexed Cost

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

5. That Ld.AO and thereafter Ld.CIT(A) both have disallowed the claim of appellant in this particular ASSESSMENT YEAR by citing the reason that the main business activity of the assessee was to lease out land, commercial complex etc and therefore the rental income would be chargeable under the head income from business and not income from house property

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

5. That Ld.AO and thereafter Ld.CIT(A) both have disallowed the claim of appellant in this particular ASSESSMENT YEAR by citing the reason that the main business activity of the assessee was to lease out land, commercial complex etc and therefore the rental income would be chargeable under the head income from business and not income from house property

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

5. That Ld.AO and thereafter Ld.CIT(A) both have disallowed the claim of appellant in this particular ASSESSMENT YEAR by citing the reason that the main business activity of the assessee was to lease out land, commercial complex etc and therefore the rental income would be chargeable under the head income from business and not income from house property

MAHENDRA SINGH CHAWLA,INDORE vs. DCIT CIRCLE-1(1), INDORE

In the result, the appeal of the assessee is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanimahendra Singh Chawla Dcit Circle -1(1) 4/35 Gram Pigdamber A.B. Indore Road Near Rao Vs. Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aazpc0120C Assessee By None Shri Ashish Porwal, Sr. Dr Revenue By Date Of Hearing 02.09.2024 Date Of Pronouncement 04 .09.2024

5. In this case even without execution of sale deed, the transferee acquires the right in the property and the transferor cannot claim any right in respect of property under consideration other than the rights expressly provided in the terms of contract. Section 2(47(v) of the Income Tax Act, 1961; covers within its scope any transaction involving

SHRI SUSHIL KUMAR BAFNA,UJJAIN vs. THE ITO 1(1), UJJAIN

In the result, the appeal of the assessee is partly allowed

Bench: Shri C.M.Garg & Shri O.P.Meenaआ.अ.सं./ I.T.A. No. 637/Ind/2014 "नधा"रण वष" /Assessment Year: 2010-11

5( Hyderabad-Trib) / [2013] 27 ITR (T) 63/ 56 SOT 473(Hyd) held where amount of capital gains claimed as exempted under section 54F is not utilized in construction of residential house within period of 3 years, it will be charged to capital gains in year in which period of 3 years expires, however, exemption already granted shall

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

5. Having explained thus, Ld. AR submitted that even if the AO has treated the income earned by assessee from subject property as ‘income from house property’ and not as ‘business income’ and for that reason made the impugned Page 9 of 22 ITA No. 471/Ind/2023 - AY 2016-17 SRK Dev Build Pvt. Ltd disallowances of deductions

BHARAT SHAH,INDORE vs. THE ITO3(4), INDORE

In the result, Assessee’s appeal ITANo

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year: 2013-14

section, taken possession of the house property after making payment of the total Bharat Shah consideration and therefore, assessee should be allowed the benefit of deduction u/s 54F of the Act. 5

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

5. Thus, twin conditions required to invoke the provisions of section 263 i.e. order should be erroneous and also prejudicial to the interest of revenue are not satisfied. Considering the above facts and circumstances of the case, submissions made, judicial precedents and documents on record, appeal of the assessee be allowed. 7. Per contra Ld. Departmental Representative (DR) vehemently opposed

SHRI SHIV CHARAN SINGH BAIS,BHOPAL vs. THE ITO WD-3(1), BHOPAL

In the result, the appeal of the Assessee is dismissed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2008-09

section (2), where, in the case of an assessee being an individual or a Hindu undivided family], the capital gain arises from the transfer of a long-term capital asset [***], being buildings or lands appurtenant thereto, and being a residential house, the income of which is chargeable under the head "Income from house property" 5

M/S SANGHVI FOODS P LTD, ,INDORE vs. ITO (IT & TP) , BHOPAL

In the result common issue raised in

Bench: Shri Kul Bharat & Shri Manish Borad

House, A.B. Road, Indore (Appellant) (Revenue ) PAN AACCS4128C Appellant by S/Shri S.N. Agrawal & Pankaj Mogra, CAs Revenue by Shri K.G. Goyal, Sr. DR Date of Hearing 12.03.2020 Date of Pronouncement 03.06.2020 O R D E R PER MANISH BORAD, AM. The above captioned appeals filed at the instance of assessee pertaining to Assessment Year