SHRI SHALIGRAM BAROD, ,INDORE vs. PR. CIT-1, INDORE

Bench: Hon'Ble Manish Borad & Hon'Ble’ Madhumita Royassessment Year:2014-15 Shri Shaligram Barod, Pr. Cit-I, Ah/29, Hig, Sukhliya Indore बनाम/ Indore Vs. (Appellant) (Respondent ) P.A. No. Ahfpp4068H Appellant By Shri S.N. Agrawal, Ca Revenue By Shri S.B. Prasad, Cit-Dr

house. Total Investment u/s 54 F 89,44,991 89,44,991 Net Income from Long Term Capital Gain 1,93,656 3. The case of the assessee was selected for limited scrutiny for following terms: S.No Reason for selection of case in scrutiny 1 Large deduction claimed u/s 54B,54C,54D, 54G, 54GA 2 Sale consideration of the Property

DILIP CHANDRASENRO MAHADIK,INDORE vs. THE PR CIT -2 INDORE, INDORE

Appeal is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2015-16 Shri Dilip Chandrasenrao Pr.Cit-2, Mahadik, Indore. बनाम/ 479, Kalani Nagar, Vs. Indore (Assessee / Appellant) (Revenue / Respondent) Pan: Abwpm3141M Assessee By S/Shri Rajnish Vohra, Chetan Khandelwal & Nitesh Dawira, Ld. Ars Revenue By Shri P.K. Mishra, Cit Dr Date Of Hearing 24.05.2023 Date Of Pronouncement 17.08.2023

89,63,885 0 Investment in House property u/s 54 Rs. 84,21,000/- (65,00,000/- plus 19,21,000) 7,00,000/- (Round off) cost of Repair” [Emphasis added] 5. However, the PCIT was not satisfied with the reply of assessee for the reasons mentioned by him in revision-order as under: “4. I have carefully considered

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

property.” 5.2 Thus it was found by the Hon’ble High Court that the investment was made by the wife of the assessee and therefore, to that extent the title is also vested in the name of the wife. In case in hand, we find that the entire payments for purchase of new land has been made by the assessee

ANIL KUMAR GUPTA,BHOPAL vs. ITO, 4(3), BHOPAL, OFFICE OF ITO BHOPAL

Appeal is allowed for statistical purpose

89,965/- and second being Rs.12,07,761. Thus, the\ntotal being 30,97,726/- The assessee has claimed only 17,13,693/-,\nconsidering that only a part was let-out.\nThe Nature of Loan itself shows that it is a housing loan, and thus the\nconstruction of house cannot be denied.\n6. It was also submitted before

THE ACIT, CENTRAL-2, INDORE vs. M/S. CHUGH REALTY, INDORE

In the result, the appeals of the Revenue for the A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad(Virtual Hearing)

89,15,088/- in purchase of one residential house situated at 18, Manishpuri, Indore. The assessee has claimed pro- rata deduction of Rs.1,33,81,367/- thereby offering only a sum of Rs.50,12,179/- as long-term capital gain. According to the Assessing Officer, the on-money of Rs.2,08,00,000/- received by the assessee

THE ACIT, CENTRAL-2, INDORE vs. SHRI NITESH CHUGH, INDORE

In the result, the appeals of the Revenue for the A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad(Virtual Hearing)

89,15,088/- in purchase of one residential house situated at 18, Manishpuri, Indore. The assessee has claimed pro- rata deduction of Rs.1,33,81,367/- thereby offering only a sum of Rs.50,12,179/- as long-term capital gain. According to the Assessing Officer, the on-money of Rs.2,08,00,000/- received by the assessee

THE ACIT, CENTRAL-2, INDORE vs. SHRI MOHANLAL CHUGH, INDORE

In the result, the appeals of the Revenue for the A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad(Virtual Hearing)

89,15,088/- in purchase of one residential house situated at 18, Manishpuri, Indore. The assessee has claimed pro- rata deduction of Rs.1,33,81,367/- thereby offering only a sum of Rs.50,12,179/- as long-term capital gain. According to the Assessing Officer, the on-money of Rs.2,08,00,000/- received by the assessee

M/S SWADESH DEVLOPERS AND BUILDERS,BHOPAL vs. ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL)-2, BHOPAL

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

89 and has observed that u/s 153A of the Act which enables carrying out a search or exercise of a power of requisition, assessment in furtherance thereof is contemplated. There is a mandatory issue of notice u/s 153(1A) of the Act and assess and reassess the total income of 6 assessment years immediately preceding the assessment year relevant

M/S RADHISHWARI DEVLOPERS P LTD,INDORE vs. PR CIT -2 INDORE, INDORE

In the result, Assessee’s appeal in ITANo

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing Assessment Year 2013-14 M/S. Radhishwari Developers P. Ltd. (Now Known As R.C. Warehousing Pvt. Ltd. ) Indore : Appellant Pan :Aafcr1916A V/S Pr. Cito-2 : Respondent Indore Appellant By S/Shri Sumit Nema Sr. Adv. With Gagan Tiwari & Piyush Parashar Advs. Revenue By Shri S.S. Mantri, Cit-Dr Date Of Hearing 24.05.2021 Date Of Pronouncement 20.07.2021

section 263 is not permitted to substitute his estimate of income in place of the income estimated by the Assessing Officer. (vii) The Assessing Officer exercises quasi-judicial power vested in him and if he exercises such power in accordance with law and arrive at a conclusion, such conclusion cannot be termed to be erroneous simply because the Commissioner

RADHA SHARAN GOSWAMI,BHOPAL vs. DDIT,CPC, BANGLORE

In the result, appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniradha Sharan Goswami Ddit, Cpc B-18, Industrial Area Govindpura Vs. Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Adzpg1806E Assessee By Shri Ashish Goyal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 20.05.2024 Date Of Pronouncement 21.05.2024

House property of Rs 94,76,461, the gross rent of the two let out properties of the appellant are taken into consideration. From the computation of income, its evident that, gross rents of both properties are Rs 19,50,916 and Rs 69,77,485 which sums up at Rs 89,28,401. Hence, the appellant can be granted

DCIT (CENTRAL), BHOPAL vs. SHAILENDRA SHARMA, BHOPAL

In the result the appeals of the assessee for the Assessment

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

property already took place on 07.01.2011. The seized document is entirely silent about the 9 IT(SS) No.30 & 31/Ind/2023 ITA (SS) No.305/Ind/2023 Shailendra Sharma transaction whether it is a payment or receipt. The addition made by the A.O in respect of other notings in the seized document has been deleted by the CIT(A) in para No. 3.6.2 as under

MAHESH KHANDELWAL,INDORE vs. ADDL JCIT (A) -1 JAIPUR, JAIPUR

Appeal is allowed

HOUSE PROPERTY\nगृह संपति से आय\n0\n0\n3\nHEADS OF\nINCOME\nINCOME FROM BUSINESS OR PROFESSION\nव्यवसाय या वृति से लाभ एवं प्राप्तियां\n5,24,683\n7,94,683\n4\nINCOME FROM CAPITAL GAINS\nपूंजीगत प्राप्तियां\n0\n0\n5\nINCOME FROM OTHER SOURCES\nअन्य सूत्रों से आय\n3,766\n3,766\n6\nINTRA HEAD ADJUSTMENTS\nNA\n0\n7\nGROSS

KUSUMLATA GARG,INDORE vs. DCIT ACIT 3 (1) INDORE, INDORE

Appeal is allowed for statistical purpose

89,172/-\n3.3 Not only this she is a income tax assessee and file return of income\nregularly showing a handsome Total Income. Details of Total Income returned\nby her in 3 years is as under:\nAsst Year\nTotal Income\n2016-17\nRs.64,75,940/-\n2017-18\nRs.64,33,630/-\n2018-19\nRs.71,73,020/-\n3.4 That due to typographical

THE DCIT CENTRAL-1, INDORE vs. SHRI ASHISH NIGAM, INDORE

In the result, appeal of the Revenue is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanidcit Central-1 Ashish Nigam Indore 15, Bada Sarafa Vs. Indore (Appellant / Revenue) (Respondent/ Assessee) Pan: Ablpn6361M Revenue By Shri Ashish Porwal, Sr. Dr Assessee By Ms. Shreya Jain, Ar Date Of Hearing 04.06.2024 Date Of Pronouncement 18.07.2024

property transaction which, by its very nature, are received early and on completion of such transaction? c) It amounts to accepting an untenable position that a huge cash amount was kept by assessee as idle while various bank transactions were carried out during the period for more than three years and cash was deposited during demonetization period only

LATE SHRI BALKRISHAN JOSHI (THROUGH LEGAL HEIR SHRI BHOOPENDRA JOSHI),INDORE vs. THE INCOME TAX OFFICER-5(1), INDORE, INDORE

Appeal is allowed partly

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2008-09 Late Shri Balkrishan Joshi Income-Tax Officer, (Through L/H Shri 5(1), Bhoopendra Joshi), Indore बनाम/ 541, Alok Nagar, Vs. Kanadia Road, Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Abjpj 0180 C Assessee By Shri S.N. Agrawal & Shri Bavesh Agrawal, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 16.05.2024 Date Of Pronouncement 21.05.2024

section 253(5) and the decision of Hon’ble Supreme Court, we take a judicious view, condone delay, admit appeal and proceed with hearing. 3. This is the 2nd round of litigation by assessee before us. The background facts are such that the assessee filed return of income for AY 2008-09 on 31.07.2008 declaring a total income

DCIT , CENTRAL -2 , INDORE vs. M/S GREAT GALLEON VENTURES LTD , INDORE

In the result, the appeals of the Revenue bearing ITANo

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

property discovered in the course of search which was not produced or not already disclosed or made known in the course of original assessment. In. all these cases no assessments were pending on the date of search for these assessment years. No assessments were abated in terms of second proviso to section 153A of the Act. Hon'ble Delhi High

DCIT , CENTRAL -2 , INDORE vs. M/S GREAT GALLEON VENTURES LTD , INDORE

In the result, the appeals of the Revenue bearing ITANo

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

property discovered in the course of search which was not produced or not already disclosed or made known in the course of original assessment. In. all these cases no assessments were pending on the date of search for these assessment years. No assessments were abated in terms of second proviso to section 153A of the Act. Hon'ble Delhi High

SHRI M A KHAN,BHOPAL vs. THE ACIT 3(1), BHOPAL

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) It(Ss)A Nos.37 To 42/Ind/2015 & Assessment Years: 2004-05 To 2010-11 Late M.A. Khan Acit 3(1) (Through L/H Nazhat Bhopal Parveen Khan) बनाम/ B-90, Housing Board, Vs. Kohefiza, Bhopal (Appellant / Assessee) (Respondent / Revenue) Pan:Aewpk 3620 C Assessee By Ms. Nisha Lahoti & Shri Vijay Bansal, Ars Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 12.01.2023 Date Of Pronouncement 31.03.2023

Housing Board, Vs. Kohefiza, Bhopal (Appellant / Assessee) (Respondent / Revenue) PAN:AEWPK 3620 C Assessee by Ms. Nisha Lahoti & Shri Vijay Bansal, ARs Revenue by Shri P.K. Mishra, CIT-DR Date of Hearing 12.01.2023 Date of Pronouncement 31.03.2023 आदेश / O R D E R Per B.M. Biyani, A.M.: Feeling aggrieved by a consolidated appeal-order dated 28.11.2014 passed by learned Commissioner