SHRI PRADEEP MAHESHWARI HUF,INDORE vs. THE ACIT 3(1), INDORE

In the result I.T.A.No.315/Ind/2012& I

Bench: Shri Kul Bharat & Shri Manish Borad

Short Term Capital Gain and Long Term Capital Gain from purchase/sale of shares as bogus and sham and taxing them as unexplained credit u/s 68 of the Act by both the lower authorities. As the issues raised are common these three appeals were heard together and being disposed off by this common order for sake of convenience and brevity

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

short Shri Sushil Kumar Bafna, Ujjain v. ITO-1(1) /I.T.A. No. 637/Ind/2014/A.Y.:10-11 Page 2 of 24 ‘the Act’) by the Income Tax Officer 1 (1) Ujjain dated 25.03.2013. The assessee has taken following grounds of appeal:- 1. That the learned CIT(A) erred in holding the action of the AO of disallowing the claim of deduction made

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

Term Capital Gain, their Lordships observed that there was nothing to show that the MOU was abricated or antedated and further, that the property was in the occupation of the assessee. In such circumstances, the Hon'bie High Court allowed the claim of the assessee by holding that merely on the basis of suspicion, the claim of the assessee cannot

SMT. SHWETA AGRAWAL,INDORE vs. THE PR. CIT-2, INDORE

In the result, appeal filed by the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year:2014-15

short ‘Ld. Pr. CIT’)-2, Indore dated 10.01.2019 pertaining to assessment year 2014-15. The assessee has raised following grounds of appeal: “1. That on the facts and in the circumstances of the case and in law, the Ld. Pr. CIT erred in setting aside the order as passed Smt. Shweta Agrawal /ITANo.280/Ind/2019 by the assessing officer under section

RUPESH VYAS,INDORE vs. THE ACIT3(1), INDORE, INDORE

In the result, this appeal of assessee is dismissed

Bench: Shri T.R. Senthil Kumar & Shri B.M. Biyani

house-property, business / profession and interest. In the return, the assessee also declared a long-term capital gain of Rs. 90,69,199/- from sale of equity shares of Lifeline Drugs and Pharma Ltd. exempted u/s 10(38) of the act. The assessee claimed to have purchased shares of Lifeline Drugs and Pharma

RUPESH VYAS,INDORE vs. THE ACIT3(1), INDORE, INDORE

In the result, this appeal of assessee is dismissed

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani

house-property, business / profession and interest. In the return, the assessee also declared a long-term capital gain of Rs. 66,28,161/- earned from sale of equity shares of Lifeline Drugs and Pharma Ltd. exempted u/s 10(38) of the act. The assessee claimed to have purchased shares of Lifeline Drugs and Pharma Ltd. for Rs. 33,418/-; sold

THE DCIT,, RATLAM vs. SHRI ANIL JHALANI, RATLAM

In the result, the appeal of the revenue as well as the cross

Bench: Shri C.M. Garg & Shri O.P. Meena

short term capital gain and Rs.2,48,108/- on account of interest and added the same to the total income of the assessee. On appeal, the learned CIT(A) observed as under :- “From the above it is clear that the transfer of the property has been taken place within the meaning of section 2(47)(V) on the taking over

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

short) by Ld. Pr. CIT-I Indore order dated 29.03.2019.The assessee has raised following grounds of appeal:- “1 that on the facts and in the circumstances of the case and in law the Ld. Pr. CIT erred in setting aside the assessment order as passed by the ld. AO u/s 143(3) of the Act on 14.12.2016 even when

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)

short-term capital gain from sale of units in ‘The View’ project and business income from sale of units in ‘Almas 12 Mohanlal Chugh & others Elements’ project in his original returns of income furnished u/s 139 of the Act. We further find that during the course of the assessment proceedings, the assessee had duly furnished all the necessary details, documents

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)

short-term capital gain from sale of units in ‘The View’ project and business income from sale of units in ‘Almas 12 Mohanlal Chugh & others Elements’ project in his original returns of income furnished u/s 139 of the Act. We further find that during the course of the assessment proceedings, the assessee had duly furnished all the necessary details, documents

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)

short-term capital gain from sale of units in ‘The View’ project and business income from sale of units in ‘Almas 12 Mohanlal Chugh & others Elements’ project in his original returns of income furnished u/s 139 of the Act. We further find that during the course of the assessment proceedings, the assessee had duly furnished all the necessary details, documents

SHRI SUNDERDAS JETWANI,INDORE vs. THE ITO CIRCLE 2(1), INDORE

In the result the appeal of the assessee is allowed for statistical purposes

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

Short Term Capital Gain of Rs.39,81,388/- as against the Long Term Capital Gain declared by the assessee at Rs.55,612/- from sale of immoveable property. We find that the assessee claimed to have purchased the immoveable property on 8.1.2004 by an agreement on the stamp paper of Rs.100 and the purchase consideration paid at Rs.3,05,000/-. This

DEPUTY COMMISSIONER OF INCOME TAX - 3(1), INDORE vs. SHRI RAJEEV AJMERA, INDORE

In the result, the appeal of Revenue is partly allowed for statistical purposes

Bench: Ms.Suchitra Kamble & Shrib.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2010-11 Dcit-3(1) Shri Rajeev Ajmera, Indore बनाम/ Indore Vs. (Appellant / Assessee) (Respondent / Revenue) Pan: Abgpa4930L Co No.23/Ind/2018 (Arising Out Of Ita No.51/Ind/2018) Assessment Year: 2010-11 Shri Rajeev Ajmera, Dcit-3(1) Indore Indore बनाम/ Vs. (Appellant / Assessee) (Respondent / Revenue) Pan: Abgpa4930L Assessee By Shri Mahendra Mittal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 23.08.2022 Date Of Pronouncement 31.08.2022 आदेश/ O R D E R

short term capital gain against the sale of flat of Rs. 68,79,170/- by stating that the appeal is allowed for statistical purpose merely on affidavit filed by the assessee and ignoring the fact that the residential flat was held by the assessee as capital asset as per purchase deed & assessee is in real estate consultancy business. 3. Whether

SHANKAR SEWANI,NEW MARKET vs. ASSESSING OFFICER, AAYKAR BHAWAN

In the result appeal of the assessee is allowed for statistical

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Shankar Sewani, Dcit-1(1), 10 Kala Niketan, Bhopal New Market, Vs. T.T. Nagar, Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Adkps6959H Assessee By Ms. Nisha Lahoti, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 10.07.2024 Date Of Pronouncement 12.07.2024 O R D E R

house property, profit & gains from business & profession, short term capital gains, long term capital gains and income from other sources

SMT. USHADEVI MANSINGAHKA,BHILWADA vs. AYAKAR BHAWAN, INDORE

In the result, the appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2014-15 Smt. Ushadevi Mansinghka Ito-1 बनाम/ Mansinghka House, Gangapur Khandwa Vs. Chouraha Bhilwada (Rajasthan) (Appellant) (Revenue) Pan: Aeepm1258G Appellant By Shri C.P. Rawka, Ca Revenue By Shri Puneet Kumar, Sr. Dr Date Of Hearing: 12.12.2019 Date Of Pronouncement: 26.12.2019 आदेश / O R D E R Per Manish Borad, A.M: This Appeal At The Instance Of Assessee Pertaining To A.Y. 2014-15 Is Directed Against The Order Of Commissioner Of Income Tax(Appeals)-Ii, Indore, (In Short ‘Cit’), Dated 20.03.2018 Which Is Arising Out Of The Order U/S 143(3) Of The Income Tax Act 1961(Hereinafter Called As The ‘Act’) Framed On 23.12.2016 By Ito- Khandwa.

House, Gangapur Khandwa Vs. Chouraha Bhilwada (Rajasthan) (Appellant) (Revenue) PAN: AEEPM1258G Appellant by Shri C.P. Rawka, CA Revenue by Shri Puneet Kumar, Sr. DR Date of Hearing: 12.12.2019 Date of Pronouncement: 26.12.2019 आदेश / O R D E R PER MANISH BORAD, A.M: This appeal at the instance of Assessee pertaining to A.Y. 2014-15 is directed against the order

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

short the ‘Act’) dated 03.03.2016 by ITO- 3(4), Indore. The Assessee has raised following grounds of appeal in: Ground 1: Disallowance of Deduction u/s 54F On the facts and circumstances of the case and in law the learned Commissioner of Income tax (Appeals)-l, Indore (CIT(A)) erred in confirming the disallowance of deduction under Section

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

Term Capital Gain 1,22,28,892 AO or by Ld. Pr.CIT. (LTCG) [3 = 1 - 2] 4 Deduction claimed u/s 54B 36,40,080 5 Deduction claimed u/s 54F 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

SHRI BHAWANI SHANKAR PARASHAR,INDORE vs. THE DCIT/ACIT 1 (2), INDORE

In the result, appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Bhawani Shankar Pr. Cit-1 Prashar Indore 28, Lasudia Mori, Vijay Vs. Nagar, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Bgbpp 2475 G Assessee By Shri S.N. Agrawal, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 02.05.2023 Date Of Pronouncement 21.06.2023

short Pr. CIT) Indore passed u/s 263 of the Income Tax Act for Assessment Year 2012- 13. 2. There is a delay of 199 days in filing the present appeal. The assesse filed an application for condonation of delay which is supported by the affidavit of the assessee. The Ld. AR of the assesse has submitted that the impugned order