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

gain of Rs.3,57,33,333/- there was no transaction by the assesse resulting loss which shows that the alleged transactions of derivative or fictitious entries of loss are to avoid the tax on the long term capital earned by the assesse from the transactions of sale of long term capital/lands. He has relied upon the impugned order

THE DCIT-3(1), INDORE vs. KUMARI SHEETAL GARG, INDORE

In the result Ground No. 1& 2 of the

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2008-09 Dcit-3(1), Kumari Sheetal Garg, Indore Vs. 8/2, New Palasia, Indore (Appellant) (Respondent ) Pan No.Afhpg9179G Revenue By Shri K.C. Selvamani, Sr.Dr Assessee By Shri S.S. Solanki, Ca Date Of Hearing 07.01.2019 Date Of Pronouncement 10.01.2019 O R D E R

Long Term Capital Gain was treated as Short Term Capital Gain. 2. Whether on the facts and in the circumstances of the case Ld. CIT(A) has erred in holding that effective date of transfer from hands of assessee was date of registration i.e. 10.04.2007 while, the assessee relinquished here rights vide sale agreement dated 14.12.2006 in favour of Shri

SMT. SHARDA,HARSUD, KHANDWA vs. THE PCIT-1, INDORE, INDORE

In the result, appeals of the assesse in ITANo

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Premnarayan Pcit (1) 31, Somgaon Khurd, Aaykar Bhawan Harsud, Vs. Indore Khandwa (Appellant / Assessee) (Respondent/ Revenue) Pan: Cjzpp1164J Smt. Sharda Pcit (1) A/45, Naya Harsud, Aaykar Bhawan Vs. Khandwa Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Fdxps2997P Assessee By Shri S.N. Agrawal & Pankaj Mogra, Ars Revenue By Shri Ram Kumar Yadav, Cit-Dr Date Of Hearing 21.08.2024 Date Of Pronouncement 30.08.2024

long term capital gains.' In this Page 19 of 26 ITANo.262 & 263/Ind/2024 Shri Premnarayan & Smt. Sharda regard it is submitted that the aforesaid land sold on 17.09.2013 and investigations have been made on or after 24.12.2019 and municipal limits of Harda have been changed in between and therefore it is important to note here that the land so sold

SHRI PREMNARAYAN,HARSUD, KHANDWA vs. THE PCIT-1, INDORE, INDORE

In the result, appeals of the assesse in ITANo

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Premnarayan Pcit (1) 31, Somgaon Khurd, Aaykar Bhawan Harsud, Vs. Indore Khandwa (Appellant / Assessee) (Respondent/ Revenue) Pan: Cjzpp1164J Smt. Sharda Pcit (1) A/45, Naya Harsud, Aaykar Bhawan Vs. Khandwa Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Fdxps2997P Assessee By Shri S.N. Agrawal & Pankaj Mogra, Ars Revenue By Shri Ram Kumar Yadav, Cit-Dr Date Of Hearing 21.08.2024 Date Of Pronouncement 30.08.2024

long term capital gains.' In this Page 19 of 26 ITANo.262 & 263/Ind/2024 Shri Premnarayan & Smt. Sharda regard it is submitted that the aforesaid land sold on 17.09.2013 and investigations have been made on or after 24.12.2019 and municipal limits of Harda have been changed in between and therefore it is important to note here that the land so sold

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

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

147 of the Act on the ground of non disclosure of short term capital gain of Rs.13,21,51,725/-. Notice u/s 148 of the Act was issued and served upon the assessee. During the course of reassessment proceedings Ld. A.O observed that there is a transaction of sale of land situated at Khajrana, District, Indore. As per the sale

SARWAR MOHD. KHAN,BHOPAL vs. ASSISTANT COMMISSIONER OF INCOME TAX 2 (1), BHOPAL

Appeal of the assessee is allowed on legal ground itself

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Boradassessment Year 2008-09

Long Term Capital Gain of Rs.39,40,000/- which was initially made in the assessment proceedings u/s 143(3) of the Act completed on 30.12.2010. 11. So the undisputed fact remains is that no addition was made by the Ld. A.O in the reassessment proceedings for the reasons recorded in the notice issued u/s 148 of the Act. The question

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

u/s 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

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

u/s. 147 of the Act at Rs. 88,93,186/- as against the Returned Income of Rs. 8,95,170/- , thereby making additions of Rs.79,98,016/-, which is quite unjustified, unwarranted, excessive, arbitrary and bad- in-law. Jaya Juneja vs. ITO A.Y. 2015-16 7(i). That, without prejudice to the above, the learned CIT(A) grossly erred, both

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

Long Term Capital Gain of Rs.61,53,470/- in the assemt. Year 2008-09 in place of Rs.22,50,190/-, which was already assessed u/s 143(3) and in this way to increase the capital gain by Rs.39,03,280/- in the assmt. Year 2008-09.” 2. Briefly stated facts are that the case of the assessee was reopened

SANTOSH AGRAWAL,BHOPAL vs. THE PR CIT -1, BHOPAL

In the result, appeal of assessee is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanisantosh Agrawal Pr. Cit-1 Mig-11, Mla Quarters Bhopal Vs. Jawahar Chowk Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Ahkpa 1449E Assessee By Shri Gagan Tiwari, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 10.08.2023 Date Of Pronouncement 16 .08.2023

reassessment was framed u/s 147 r.w. section 143(3) on 28.09.2017 accepting the return of income at Rs.6,50,640/-. Thereafter on perusal of the assessment record the Pr. CIT noted that the assesse has sold the property held jointly with Smt. Sheela Devi Agarwal and Shri Satyanarayan Agrawal on 18.01.2020 for a sum of Rs.1

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

reassess the same. However, if the assessment for any of the assessment years falling within 6 years has attained finally and not pending on the date of search then the same cannot be subjected to tax in the proceedings u/s 153A of the Act in the absence of any incriminating material gathered in the course of search and seizure operation

SHRI SANJEEV PATNI,INDORE vs. ASSISTANT COMMISSIONER OF INCOME TAX-3(1), INDORE

In the result appeal of the assessee is allowed

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year: 2009-10 Sanjeev Patni Indore Pan:Aftpp6237Q : Appellant

Long Term Capital Gains instead of Short Term Capital Gains without offering any opportunity to assessing officer and relying only on computation given by assessee for holding period. 3.Whether on the facts and in the circumstances of the case} Ld. CIT(A) was justified in restricting the addition of Rs. 1,64,64,619/- based on credits in bank accounts

DEPUTY COMMISSIONER OF INCOME TAX-3 (1), INDORE vs. SHRI SANJEEV PATNI, INDORE

In the result appeal of the assessee is allowed

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year: 2009-10 Sanjeev Patni Indore Pan:Aftpp6237Q : Appellant

Long Term Capital Gains instead of Short Term Capital Gains without offering any opportunity to assessing officer and relying only on computation given by assessee for holding period. 3.Whether on the facts and in the circumstances of the case} Ld. CIT(A) was justified in restricting the addition of Rs. 1,64,64,619/- based on credits in bank accounts

LATE SMT SUSHILA BISARYA, BHOPAL vs. THE PR CIT-1, BHOPAL

In the result, we are Shri Jignesh Lilachand Shah vs

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanilate Smt. Sushila Bisarya Pr. Cit-1 L.H. Pramod Bisarya Bhopal Vs. 125 Malviya Nagar, Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Aewpb 2587 D Assessee By Shri Gagan Tiwari, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 10.08.2023 Date Of Pronouncement 16.08.2023

Long Term Capital Gain calculated by the assessee. Also no query was raised by the AO with regard to documentary evidence regarding cost of construction incurred by the assessee nor the same was furnished by the assessee during assessment." 8. It is pertinent to note that when the AO while passing the reassessment order u/s 147

ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL)-1, INDORE vs. SHRI RITESH JAIN, INDORE

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani & It(Ss)Ano.14/Ind/2022 (Assesssment Year 2011-12

long in view of Delhi ITAT decision in case of Micron Enterprises Pvt. Ltd.(supra) which has decided the identical issue in favour of assessee by relying on Honble Delhi High Court in the case Society for Worldwide Inter Bank Financial, Telecommunications supra. We are reproducing the reasoning from ITAT decision in case of Micron Page 17 of 116 ITANo.794/Ind/2018

ASSISSTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

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

reassessment order passed u/s 147 of the Act. The Cross Objections of the assessee stand disposed off being allowed. Revenue’s Appeal for A.Y. 2012-13, 2013-14, 2017-18, 2020- 21 and 2018-19: 11. Ld. Departmental Representative vehemently argued and submitted that section 80IB(11A) provides for deduction in the case of an undertaking deriving profit from

ASSISSTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

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

reassessment order passed u/s 147 of the Act. The Cross Objections of the assessee stand disposed off being allowed. Revenue’s Appeal for A.Y. 2012-13, 2013-14, 2017-18, 2020- 21 and 2018-19: 11. Ld. Departmental Representative vehemently argued and submitted that section 80IB(11A) provides for deduction in the case of an undertaking deriving profit from

ASSISSTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

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

reassessment order passed u/s 147 of the Act. The Cross Objections of the assessee stand disposed off being allowed. Revenue’s Appeal for A.Y. 2012-13, 2013-14, 2017-18, 2020- 21 and 2018-19: 11. Ld. Departmental Representative vehemently argued and submitted that section 80IB(11A) provides for deduction in the case of an undertaking deriving profit from