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

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

Section 23(1)(a) of the Act may not be invoked in order to determine the annual taxable value of the assessee property and determine the same at Rs.50,000/- per month in each case of Mobile Tower. 25. However, the Ld. AO was ultimately formed an opinion that : ITA Nos.117,118&344/Ind/2017 & 203/Ind/2018 DCIT vs. M. P. Entertainment & Developers

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 23(1)(a) of the Act may not be invoked in order to determine the annual taxable value of the assessee property and determine the same at Rs.50,000/- per month in each case of Mobile Tower. 25. However, the Ld. AO was ultimately formed an opinion that : ITA Nos.117,118&344/Ind/2017 & 203/Ind/2018 DCIT vs. M. P. Entertainment & Developers

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

73 point (iv) – registration u/s 12AA(3) Issues raised in show and 12AA(4). These issues cause notice not relevant to be examined in regular for cancellation of assessment proceedings. registration u/s 12AA(3). Registration granted u/s These issues to be 12AA can be cancelled only examined in regular if it is found that the assessment proceedings. activities

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

73 point (iv) – registration u/s 12AA(3) Issues raised in show and 12AA(4). These issues cause notice not relevant to be examined in regular for cancellation of assessment proceedings. registration u/s 12AA(3). Registration granted u/s These issues to be 12AA can be cancelled only examined in regular if it is found that the assessment proceedings. activities

DILIP BUILDCON LIMITED,BHOPAL vs. DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL)-1, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

73 of the appellate order Ld. CIT(A) has enlisted the difference between a developer and contractor which is as under:- S.No Developer of Infrastructure facility Works contractor 1. A developer tends to be speculative in Contractor is likely to operate on fixed profit margin due to the all associates profit margins. risk. 2. Developer stake on the RISK such

DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL)-1, BHOPAL vs. DILIP BUILDCON LIMITED, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

73 of the appellate order Ld. CIT(A) has enlisted the difference between a developer and contractor which is as under:- S.No Developer of Infrastructure facility Works contractor 1. A developer tends to be speculative in Contractor is likely to operate on fixed profit margin due to the all associates profit margins. risk. 2. Developer stake on the RISK such

DILIP BUILDCON LTD.,BHOPAL vs. DCIT (CENTRAL)-1, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

73 of the appellate order Ld. CIT(A) has enlisted the difference between a developer and contractor which is as under:- S.No Developer of Infrastructure facility Works contractor 1. A developer tends to be speculative in Contractor is likely to operate on fixed profit margin due to the all associates profit margins. risk. 2. Developer stake on the RISK such

DCIT (CENTRAL)-1, BHOPAL vs. DILIP BUILDCON LTD., BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

73 of the appellate order Ld. CIT(A) has enlisted the difference between a developer and contractor which is as under:- S.No Developer of Infrastructure facility Works contractor 1. A developer tends to be speculative in Contractor is likely to operate on fixed profit margin due to the all associates profit margins. risk. 2. Developer stake on the RISK such

SHRI DILIP BUILDCON LTD,BHOPAL vs. DCIT CENTRAL -1, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

73 of the appellate order Ld. CIT(A) has enlisted the difference between a developer and contractor which is as under:- S.No Developer of Infrastructure facility Works contractor 1. A developer tends to be speculative in Contractor is likely to operate on fixed profit margin due to the all associates profit margins. risk. 2. Developer stake on the RISK such

DCIT (CENTRAL)-1, BHOPAL vs. DILIP BUILDCON LTD., BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

73 of the appellate order Ld. CIT(A) has enlisted the difference between a developer and contractor which is as under:- S.No Developer of Infrastructure facility Works contractor 1. A developer tends to be speculative in Contractor is likely to operate on fixed profit margin due to the all associates profit margins. risk. 2. Developer stake on the RISK such

THED CIT ,CENTRAL-1, BHOPAL vs. M/S DILIP BUILDCON LTD, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

73 of the appellate order Ld. CIT(A) has enlisted the difference between a developer and contractor which is as under:- S.No Developer of Infrastructure facility Works contractor 1. A developer tends to be speculative in Contractor is likely to operate on fixed profit margin due to the all associates profit margins. risk. 2. Developer stake on the RISK such

DILIP BUILDCON LTD.,BHOPAL vs. DCIT (CENTRAL)-1, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

73 of the appellate order Ld. CIT(A) has enlisted the difference between a developer and contractor which is as under:- S.No Developer of Infrastructure facility Works contractor 1. A developer tends to be speculative in Contractor is likely to operate on fixed profit margin due to the all associates profit margins. risk. 2. Developer stake on the RISK such

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

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

73 taxmann.com 241 (Karnataka) following its own decision in the case of CIT Vs Manjunatha Cotton & Ginning Factory as reported in [2013] 35 taxmann.com 250/218 Taxman 423/359 ITR 565 dismissed the appeal of revenue by observing as under: “3. The Tribunal has allowed the appeal filed by the assessee holding the notice issued by the Assessing Officer under Section

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

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 and seller. 2. Part consideration has been passed to seller from the buyer. 3. Possession of the property under consideration

DCIT,CENTRAL-2, BHOPAL vs. M/S SIGNATURE BUILDERS AND COLONISER, BHOPAL

In the result, both the departmental appeals i

Bench: Shri Rajpal Yadav, Vice- & Shri Manish Boradvirtual Hearing Assessment Year: 2014-15 Dcit, Central-Ii, Bhopal … Appellant Vs. M/S. Signature Colonisers, Bhopal Pan – Abxfs 0002 J … Respondent Assessment Year: 2014-15 Dcit, Central-Ii, Bhopal … Appellant Vs. M/S. Signature Builders & Colonisers, Bhopal Pan – Accfs 9498 Q … Respondent

4 of the Income Tax Act must be filled up by the Assessing Officer through investigations and correlations with the other material found either during the course of the search or on the investigation. As a result, we hold that document No.7 is a non-speaking document.” CBI vs VC Shukla 3 SCC 410 The Hon’ble Supreme Court

DCIT-CENTRAL-2, BHOPAL vs. M/S SINGNATURE COLONISERS, BHOPAL

In the result, both the departmental appeals i

Bench: Shri Rajpal Yadav, Vice- & Shri Manish Boradvirtual Hearing Assessment Year: 2014-15 Dcit, Central-Ii, Bhopal … Appellant Vs. M/S. Signature Colonisers, Bhopal Pan – Abxfs 0002 J … Respondent Assessment Year: 2014-15 Dcit, Central-Ii, Bhopal … Appellant Vs. M/S. Signature Builders & Colonisers, Bhopal Pan – Accfs 9498 Q … Respondent

4 of the Income Tax Act must be filled up by the Assessing Officer through investigations and correlations with the other material found either during the course of the search or on the investigation. As a result, we hold that document No.7 is a non-speaking document.” CBI vs VC Shukla 3 SCC 410 The Hon’ble Supreme Court

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

73,04,318 Ld. AO in assessment order [Correct] has considered the entire cost of (1,22,28,892*75,58,768/1, new residential house i.e. Rs. 26,54,892) 75,58,768 as deduction u/s 54F. Computation of deduction u/s 54F is in dispute * 6 Deduction claimed u/s 54F 75,58,768 [Actual] 7 Excess deduction allowed

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

73,50,020/- from relinquishment of right; claimed exemption u/s 54F of Rs. 52,53,008/- on the basis of new investment in a residential house; and thereby declared taxable gain of Rs. 20,97,012/-. The case of assessee was selected for scrutiny-assessment and the Ld. AO completed assessment u/s 143(3). Subsequently,the Ld. PCIT examined