SHRI NARESH MODI (LEGAL HEIR OF LATE SHRI BASANTILAL MODI),INDORE vs. THE ITO 3(2), INDORE

In the result, the appeal of the Assessee in ITANo

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

section 50C would be applicable at not, therefore, the contentions of the assessee that the reassessment is mainly on the basis

JAYA JUNEJA,INDORE vs. INCOME TAX OFFICER WARD 1(4), INDORE

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

Bench: Shri Siddhartha Nautiyal & Shri Bhagirath Mal Biyani

reassessment proceedings the Assessing Officer was not satisfied with the explanations furnished by the assessee. The Assessing Officer invoked the provisions of section 50C

SHRI RAMESH MANGAL,INDORE vs. THE ACIT 3(1), INDORE

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2010-11 Pan : Abwpm2673E

reassessment proceedings Ld. A.O observed that there is a transaction of sale of land situated at Khajrana, District, Indore. As per the sale deed dated 31.3.2010 sale consideration of Rs.14 crores is received by the assessee and the market value of the plot as per the Stamp Valuation Authority was Rs.16,17,50,000/-. This plot of land was purchased

NARENDRA KUMAR AGRAWAL,BURHANPUR vs. PCIT INDORE-1, INDORE

In the result, appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaninarendra Kumar Agrawal Pcit (1) 203, Ck Campus Aaykar Bhawan Bahadarpur Road Vs. Indore Burhanpur (Appellant / Assessee) (Respondent/ Revenue) Pan: Adapa0131B Assessee By Shri S.N. Agrawal & Pankaj Mogra, Ars Revenue By Shri Ram Kumar Yadav, Cit-Dr Date Of Hearing 20.08.2024 Date Of Pronouncement 29.08.2024

reassessment proceedings then the explanation (2) to section 263 cannot be Page 6 of 27 ITANo.345/Ind/2024 Narendra Kumar Agrawal interpreted in a manner to make inquiries unending. Ld. AR has thus contended that when the AO has examined the issue, applied his mind and reached to a conclusion which is legally possible view then the commissioner cannot be invoke

SHRI RAGHVENDRA GOSWAMI,BHOPAL vs. THE ACIT-3(1), BHOPAL

In the result, the appeal of the Assessee is disposed of in terms of indicated hereinabove

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2009-10

50C from 01.10.2009 applied retrospectively to the transaction that took place in the assmt. Year 2008-09. 4. On the facts and in the circumstances of the case, the Ld. CIT() was not justified in directing the assessing officer to assess the Long Term Capital Gain of Rs.61,53,470/- in the assemt. Year 2008-09 in place of Rs.22

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)

50C of the Act. 33 Mohanlal Chugh & others Therefore, we are of the considered opinion that the Assessing Officer has made the additions purely on his guess work and surmises which do not have any basis whatsoever. We find ourselves in full agreement with the findings of the Ld. CIT(A). Accordingly, the action

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)

50C of the Act. 33 Mohanlal Chugh & others Therefore, we are of the considered opinion that the Assessing Officer has made the additions purely on his guess work and surmises which do not have any basis whatsoever. We find ourselves in full agreement with the findings of the Ld. CIT(A). Accordingly, the action

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)

50C of the Act. 33 Mohanlal Chugh & others Therefore, we are of the considered opinion that the Assessing Officer has made the additions purely on his guess work and surmises which do not have any basis whatsoever. We find ourselves in full agreement with the findings of the Ld. CIT(A). Accordingly, the action

SHRI IMRAN SHER KHAN,BHOPAL vs. THE ITO WARD 1(1), BHOPAL

In the result, appeal of the assessee is partly allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2006-07 Shri Imran Sherkhan Ito 15, Rait Ghat Ward-1(1) बनाम/ Bhopal Bhopal Vs. (Appellant) (Revenue ) P.A. No.Dcxpk6781E

section 144/147. The reassessment completed on the basis of unserved notice u/s 148 and before 31.3.2013 is bad and unjust. 3. The Ld. CIT(A) has erred in upholding the addition of Rs.10,65,000/- as unexplained investment, when the said amount was available with the assessee. 4. The Ld. CIT(A) has erred in upholding the addition of Rs.16

INCOME TAX OFFICER 3(1), BHOPAL, METRO WALK BUILDING vs. RAMESH KUMAR SAHU, LEGAL HEIR OF SMT. RAMPYARI BAI, BHOPAL

In the result appeal of the Revenue is dismissed

Bench: Shri B.M. Biyani & Shri Paresh M Joshiincome Tax Officer 3(1), Ramesh Kumar Sahu बनाम/ Bhopal L/H Of Late Smt. Ram Vs. Pyari Bai, 127 New Market, T.T. Nagar, Bhopal (Pan: Anhps5515N) (Revenue/Appellant) (Assessee/Respondent) Assessee By S/Shri Ashish Goyal & N.D. Patwa, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 23.07.2025 Date Of Pronouncement 28.07.2025

reassessment or recomputation under section 147, the Assessing Officer shall serve on the assessee a notice requiring him to furnish within such period, as may be specified in the notice, a return of his income or the income of any other person in respect of which he is assessable under this Act during the previous year corresponding to the relevant

SHRI SANJAY KUMAR SINHA,BHOPAL vs. THE DCIT CENTRAL-II, BHOPAL

In the result the appeals of the assessee are disposed off as

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

reassess' to completed assessment proceedings. vi. Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis of the findings of the search and any other material existing or brought on the record

SMT ANJANA SINHA,BHOPAL vs. THE DCIT CENTRAL-II, BHOPAL

In the result the appeals of the assessee are disposed off as

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

reassess' to completed assessment proceedings. vi. Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis of the findings of the search and any other material existing or brought on the record

SHRI RAJEEV SHARMA,BHOPAL vs. THE DCIT CENTRAL-II, BHOPAL

In the result the appeals of the assessee are disposed off as

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

reassess' to completed assessment proceedings. vi. Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis of the findings of the search and any other material existing or brought on the record

SMT. MANJU SHARMA,BHOPAL vs. THE DCIT CENTRAL-II, BHOPAL

In the result the appeals of the assessee are disposed off as

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

reassess' to completed assessment proceedings. vi. Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis of the findings of the search and any other material existing or brought on the record

ROHIT KUMAR YADAV,INDORE vs. INCOME TAX OFFICER 5(5), INDORE

In the result, appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanirohit Kumar Yadav Ito 5(5) Hig-Dx-2Manishmati Arvind Indore Vihar, Mahishmati Vs. Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaupy5015 F Assessee By Shri Pankaj Shah & Soumya Bumb Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 09.04.2024 Date Of Pronouncement 15.04.2024

50C at Rs.35,78,000/- and computed short term capital gain at Rs. 8,52,632/-. The 1/2 share of short term capital Page 3 of 9 ITANo.442/Ind/2023 Rohit Kumar Yadav gain amounting to Rs.4,26,316/- was added to the income of the assessee on substantive basis and equal amount was also added on protective basis subject

ACIT CENTRAL-2 , BHOPAL vs. M/S BALAJI FARMS AND REALITY , BHOPAL

Appeal is allowed and assessee’s cross-

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniacit (Central)-2, M/S.Balaji Farms & बनाम/ Bhopal Reality, Vs. 158,3Rd Floor, Zone-Ii, M.P.Nagar, Bhopal (Pan:Aalfb9630L) (Revenue/Appellant) (Assessee/Respondent)

section 50C. 3. On the facts and circumstances of the case and applicable law, the Ld. CIT(A) erred in issuing penalty notice u/s 274 r.w.s. 271(1)(c) when the original assessment order passed u/s 143(3) has merged into reassessment

SHRI PURSHOTTAM KHATRI , BHOPAL vs. ITO 3(3), BHOPAL, BHOPAL

In the result, the appeal filed by the assessee in ITA

Bench: Shri Kul Bharatassessment Year: 2009-10

50C and Rs.3,35,000/- as shown by the assesse without considering the explanation offered during appellate proceedings. 4.That on the facts and in the circumstances of the case, the Ld. CIT(A() erred in confirming the disallowance of Rs.130,493/- claimed u/s 48 of the Act being index cost of expenditure incurred for acquiring capital asset stating that