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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

Section 28 of the Act. The assessee has shown rental receipts of Rs. 7,95,526/- from the four parties. The AO came to a finding that the rental income would come under the head “Income from House Property

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

Section 28 of the Act. The assessee has shown rental receipts of Rs. 7,95,526/- from the four parties. The AO came to a finding that the rental income would come under the head “Income from House Property

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

house property” takes into account an independent residential unit. On this aspect, they have relied upon the order passed by the Hon’ble Delhi High Court in the case of Addl. CIT vs. Vidya Prakash Talwar, reported in 25 (1981) CTR 220 (Del). Thus, according to the assessee the claim under Section 54 of the Act should be allowed. Sangeeta

THE ACIT CENTRAL-3, INDORE vs. JARNALBEER SINGH BHATIA, KHANDWA

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniit(Ss)A Nos.19 To 23/Ind/2023 & Ita No.226/Ind/2023 Ays : 2013-14 To 2018-19 Jarnalbeer Singh Bhatia, Dcit/Acit, बनाम/ Bhatia Transport (Central)-3, Vs. Services, Indore. Old Indore Lines, Pandhana Road, Khandwa (Pan: Aixpb4565C) (Assessee/Appellant) (Revenue/Respondent)

house, without appreciating that : a) In the case law relied by him Abeeson Hotels P.Ltd., (2004) 191 CTR 263 (M P), the Hon'ble Court has granted relief when DVO’s valuation is within 10% of the assessee’s valuation, while the Ld. CIT(A) has compared his Page 7 of 83 Jarnalbeer Singh Bhatia

JARNALBEER SINGH BHATIA,KHANDWA vs. THE ACIT CENTRAL-3, INDORE

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniit(Ss)A Nos.19 To 23/Ind/2023 & Ita No.226/Ind/2023 Ays : 2013-14 To 2018-19 Jarnalbeer Singh Bhatia, Dcit/Acit, बनाम/ Bhatia Transport (Central)-3, Vs. Services, Indore. Old Indore Lines, Pandhana Road, Khandwa (Pan: Aixpb4565C) (Assessee/Appellant) (Revenue/Respondent)

house, without appreciating that : a) In the case law relied by him Abeeson Hotels P.Ltd., (2004) 191 CTR 263 (M P), the Hon'ble Court has granted relief when DVO’s valuation is within 10% of the assessee’s valuation, while the Ld. CIT(A) has compared his Page 7 of 83 Jarnalbeer Singh Bhatia

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

7. Charanjit Singh Atwal v. ITO Ward-VI (1) Ludhiana. 8. Smt. Vasavi Pratap Chand v. Dy. CIT [2004] 89 ITD 73 (Delhi). 6.1 I have considered the submission of the appellant. As provided in section 2(47), the three conditions for deemed transfer are: 1. There is an agreement to sale for purchase/sale of the property between the buyer

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

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, the AO was very much wrong in stepping further and making a worse conclusion that the assessee has furnished inaccurate particulars qua those disallowances and thereby invoking section

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

property", other than the new asset, the amount of capital gain arising from the transfer of the original asset not charged under section 45 on the basis of the cost of such new asset as provided in clause (a), or, as the case may be, clause (b), of sub-section (1), shall be deemed to be income chargeable under

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

7 – “It is in this backdrop that the question that we have to essentially take a judicial call on is as to what is the cost of the new residential house so purchased by the assessee at C 6 Anandvan Complex. As we do so, we must bear in mind the fact that the expression used in the statute

HASSANAND KHEMLANI,INDORE vs. THE PCIT-1 ,INDORE, INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

house property along with land appurtenant thereto, hence there is no question in respect deduction u/s 54/54F. With due humble request it is submitted to your honour that we have exchanged property at Rs. 7,64,60,000/- adopted by the stamp authority, which is full value consideration for both the parties. Because properties are not exchanged below the value

KALPANA JAIN,INDORE vs. THE PR CIT-1, INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

house property along with land appurtenant thereto, hence there is no question in respect deduction u/s 54/54F. With due humble request it is submitted to your honour that we have exchanged property at Rs. 7,64,60,000/- adopted by the stamp authority, which is full value consideration for both the parties. Because properties are not exchanged below the value

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

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

7 6.1] The assessee in this ground of appeal has claimed deduction for Interest of Rs 9,15,640/-. 6.2] The assessee had paid interest of Rs 35,67,618/-, deduction for Rs 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

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 as per section 80-IB(10) of the 1.T. Act", therefore disallowed the deduction claimed u/s 80-IB(10) of the I.T. Act by the appellant. 6. That on the facts and in the circumstances of the case and in law, the levy of interest u/s. 234B is unlawful and hence, be cancelled. 7. That the assessee

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. The assessee is neither the owner nor the seller of the land on which project is claimed to have been undertaken. • The assessee is merely acting as a contractor to the customers to whom land has been sold. • No registry whatsoever is being made for the construction work done by the assessee. No new residential property is being

ACIT CENTRAL-2 INDORE, INDORE vs. SHRI .GAURAV TEKRIWAL, INDORE

In the result, this appeal of Revenue is dismissed

Bench: Ms. Madhumita Roy & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2015-16 Acit, Central -2 Shri Gaurav Tekriwal Indore बनाम/ 204, Princess Valley, South Tukoganj, Indore Vs. (Appellant / Revenue) (Respondent / Revenue) Pan: Acppt 1628 Q Assessee By Shri Anil Kamal Garg, Arpit Gaur, Ars Revenue By Shri P.K. Mitra, Cit-Dr Date Of Hearing 21.09.2022 Date Of Pronouncement 21.11.2022

section 14 of the Act, any income chargeable to tax has to be classified under the five heads viz. income from salaries, income from house property, income from profits and gains of business or profession, capital gains and income from other sources. Further, u/s. 56(1) of the Act, any income shall be chargeable to income from other sources only

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), INDORE., INDORE vs. MP ENTERTAINMENT AND DEVELOPERS PRIVATE LIMITED, INDORE

Appeal is dismissed being devoid of merit

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year : 2015-16 Acit, M.P. Entertainment & 1(1), Developers Private Ltd., Indore. 94-101, 4Th Floor, बनाम/ C-21 Malls, Vs. Indore (Revenue /Appellant) (Assessee /Respondent) Pan: Aaecm8668D Assessee By Shri Anil Kamal Garg, Ca Revenue By Shri Ram Kumar Yadav, Cit Dr Date Of Hearing 23.09.2024 Date Of Pronouncement 11.10.2024

Section 28 of the Income Tax Act. The assessee owned a building in the name of Mall and getting it furnished and thereafter let out to various persons with all furniture, Page 3 of 5 ACIT,1(1), Indore vs. M.P. Entertainment & Developers P. Ltd., Indore. ITA No. 338/Ind/2023 – AY 2015-16 fixtures, light or air conditioner for being used

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

NEERA KOTWANI,BHOPAL vs. THE PR CIT -1, BHOPAL

In the result, this appeal of assessee is allowed

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

house property” from properties other than self-occupied and actually let out. This has resulted in under-assessment of taxable income. 4. By the aforesaid show-cause notice, the assessee was asked to explain as to why the assessment-order may not be revised. In response thereto, the assessee made a detailed submission to Ld. PCIT vide reply dated