THE ACIT (CENTRAL)-I, BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

section 80-IB(10); they were released after 31.03.2012. In such a case, the non-construction Page 17 of 38 D.K. Construction ITA No.34 to 37 & 24/Ind/2022 - AY. 2012-13 to 2014-15 & 2017-18 of those 2 units was not within the control of assessee. As a matter of fact, we even do not find any mala fide

M/S. D.K. CONSTRUCTION,BHOPAL vs. THE ACIT, 2(1), BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

section 80-IB(10); they were released after 31.03.2012. In such a case, the non-construction Page 17 of 38 D.K. Construction ITA No.34 to 37 & 24/Ind/2022 - AY. 2012-13 to 2014-15 & 2017-18 of those 2 units was not within the control of assessee. As a matter of fact, we even do not find any mala fide

THE ACIT (CENTRAL)-I, BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

section 80-IB(10); they were released after 31.03.2012. In such a case, the non-construction Page 17 of 38 D.K. Construction ITA No.34 to 37 & 24/Ind/2022 - AY. 2012-13 to 2014-15 & 2017-18 of those 2 units was not within the control of assessee. As a matter of fact, we even do not find any mala fide

THE ACIT (CENTRAL)-I, BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

Appeal is allowed

Bench: Ms. Suchitra R. Kamble & Shri Bhagirath Mal Biyani

section 80-IB(10); they were released after 31.03.2012. In such a case, the non-construction Page 17 of 38 D.K. Construction ITA No.34 to 37 & 24/Ind/2022 - AY. 2012-13 to 2014-15 & 2017-18 of those 2 units was not within the control of assessee. As a matter of fact, we even do not find any mala fide

SHRI SURESH KHANDELWAL,INDORE vs. THE ITO-4(1), INDORE

In the result, all the captioned appeals filed by different

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

section 10(38) on account of sale of scrip of M/s Turbotech Engineering Ltd. Particulars Swati Luthra Shruti Luthra Namrata Sehgal Luthra Asha Luthra Date of 27.12.2011 27.12.2011 27.12.2011 27.12.2011 Investment No. of Shares Radheyshyam Khandelwal & Ors ITA No.7,8,29,30,& 113/Ind/2019 purchased 10000 10000 10000 10000 Purchase price per share

RADHESHYAM KHANDELWAL,INDORE vs. ACIT4(1), INDORE

In the result, all the captioned appeals filed by different

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

section 10(38) on account of sale of scrip of M/s Turbotech Engineering Ltd. Particulars Swati Luthra Shruti Luthra Namrata Sehgal Luthra Asha Luthra Date of 27.12.2011 27.12.2011 27.12.2011 27.12.2011 Investment No. of Shares Radheyshyam Khandelwal & Ors ITA No.7,8,29,30,& 113/Ind/2019 purchased 10000 10000 10000 10000 Purchase price per share

MOHANLAL KHANDELWAL,INDORE vs. THE ITO-4(1), INDORE

In the result, all the captioned appeals filed by different

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

section 10(38) on account of sale of scrip of M/s Turbotech Engineering Ltd. Particulars Swati Luthra Shruti Luthra Namrata Sehgal Luthra Asha Luthra Date of 27.12.2011 27.12.2011 27.12.2011 27.12.2011 Investment No. of Shares Radheyshyam Khandelwal & Ors ITA No.7,8,29,30,& 113/Ind/2019 purchased 10000 10000 10000 10000 Purchase price per share

SMT. RUKMANI KHANDELWAL,INDORE vs. ITO-4(3), INDORE

In the result, all the captioned appeals filed by different

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

section 10(38) on account of sale of scrip of M/s Turbotech Engineering Ltd. Particulars Swati Luthra Shruti Luthra Namrata Sehgal Luthra Asha Luthra Date of 27.12.2011 27.12.2011 27.12.2011 27.12.2011 Investment No. of Shares Radheyshyam Khandelwal & Ors ITA No.7,8,29,30,& 113/Ind/2019 purchased 10000 10000 10000 10000 Purchase price per share

SMT. SANDHYA KHANDELWAL,INDORE vs. ITO 4(3), INDORE

In the result, all the captioned appeals filed by different

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

section 10(38) on account of sale of scrip of M/s Turbotech Engineering Ltd. Particulars Swati Luthra Shruti Luthra Namrata Sehgal Luthra Asha Luthra Date of 27.12.2011 27.12.2011 27.12.2011 27.12.2011 Investment No. of Shares Radheyshyam Khandelwal & Ors ITA No.7,8,29,30,& 113/Ind/2019 purchased 10000 10000 10000 10000 Purchase price per share

VAISHALI DEVELOPERS AND BUILDERS ,BHOPAL vs. INCOME TAX OFFICER -1(2), BHOPAL

Appeals are allowed

Bench: Shri B.M. Biyani & Shri Udayan Das Gupta

38,81,630/- & Rs. 62,10,754/- respectively. The cases were selected for scrutiny and the assessment-orders dated 21.12.2009 & 09.12.2011 respectively were passed after denying assessee’s claim of deduction u/s 80-IB(10). The assessee carried matters upto ITAT, Indore in ITA No. 497/Ind/2012 & 19/Ind/2013. The ITAT, Indore passed order dated 25.11.2014 whereby the matters were restored

COMPUTER SCIENCES CORPORATION INDIA PRIVATE LIMITED,CHENNAI vs. ACIT, CHENNAI

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2007-08 Computer Sciences Acit, Corporation India Private Company Circle 1(3), Limited, Chennai [Formerly Covansys (India) Private Limited], बनाम/ Unit 13, Block 2, Sdf Buildings, Vs. Madras Export Processing Zone, Tambaram, Chennai (Assessee / Appellant) (Revenue / Respondent) Pan: Aaacc1351M Assessee By Shri Neeraj Jain, Adv. Shri Abhishek Agrawal, Ca Revenue By Shri P.K. Mishra, Cit Dr Date Of Hearing 12.07.2023 Date Of Pronouncement

Transfer Pricing Regulations talk of individual transactions to be benchmarked. He submitted that the assessee made claim of ‘entity-level’ comparison before DRP also, but the DRP has over-ruled assessee’s claim with reasoning. Referring to Page 10 and 11 of DRP order, Ld. DR emphasized the reasoning given by DRP, Page 19 of 47 Computer Sciences Corporation India

SHRI ANIRUDHA NYATI,INDORE vs. THE ITO-5(1), INDORE

In the result appeals of the assessee(s) namely Kumari Ayushi Nyati (ITA

Bench: Shri Manish Borad& Ms. Madhumita Roy

transferred from Demat account thereby fulfilling all the conditions provided under Section 10(38) of the Act. On the basis of the information available from the third sources including the outcome of Search & Survey action of various brokers of stock exchange across the country and upon the finding of the Investigation Wing about bogus entries and manipulation through penny stock

SHRI ANIRUDHA NYATI,INDORE vs. THE ITO-5(1), INDORE

In the result appeals of the assessee(s) namely Kumari Ayushi Nyati (ITA

Bench: Shri Manish Borad& Ms. Madhumita Roy

transferred from Demat account thereby fulfilling all the conditions provided under Section 10(38) of the Act. On the basis of the information available from the third sources including the outcome of Search & Survey action of various brokers of stock exchange across the country and upon the finding of the Investigation Wing about bogus entries and manipulation through penny stock

THE ACIT, -2(1), BHOPAL vs. M/S. D.K. CONSTRUCTION, BHOPAL

price. There is\nno merit in Assessing Officer's contention in so far as the buyers having\nincurred any expenditure on construction of said flats during the year under\nconsideration and the assessee is a developer and builder since inception,\nwhich has not only been accepted by the Department but also by the Tribunal\nin its order dated 19/12/2006

AJAY KUMAR BALMUKUND JHAWAR HUF,SENDHWA vs. ITO SENDHWA, SENDHWA

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

Section 10(38) of the Act, upon holding the transaction for purchase and sale of scrip of Turbotech Engineering are accommodative and only made for claiming bogus exemption of long-term capital gain which was, in turn, confirmed by the Ld. CIT(A). Hence, the instant appeal before us. 5. At the time of hearing of the instant appeal

SMT. APARNA JHAWAR,SENDHWA vs. THE ITO SENDHWA, SENDHWA

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

Section 10(38) of the Act, upon holding the transaction for purchase and sale of scrip of Turbotech Engineering are accommodative and only made for claiming bogus exemption of long-term capital gain which was, in turn, confirmed by the Ld. CIT(A). Hence, the instant appeal before us. 5. At the time of hearing of the instant appeal

M/S. BALMUKUND DHANRAJ JHAWAR HUF,SENDHWA vs. THE ITO SENDHWA, SENDHWA

Bench: Hon’Ble Madhumita Royassessment Year 2014-15

Section 10(38) of the Act, upon holding the transaction for purchase and sale of scrip of Turbotech Engineering are accommodative and only made for claiming bogus exemption of long-term capital gain which was, in turn, confirmed by the Ld. CIT(A). Hence, the instant appeal before us. 5. At the time of hearing of the instant appeal

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

10. Ld. Departmental Representative(DR) apart from relying on Shri Jairam Education Society ITA No.90 & 548/Ind/2019 the detailed finding of Ld. CIT(A) as also referred to the following written submissions placed on record: 4.2) In support of grounds of appeal, the appellant has taken plea that CBDT notification no. 52 and 53 dt. 22110/2014 makes it clear that