NILIMA KOTHARI,INDORE vs. THE INCOME TAX OFFICER, NATIONAL FACELESS ASSTT. CENTRE, INDORE

In the result appeal of the assessee is allowed as per terms indicated above

Bench: Shri Manish Boradsmt. Neelima Kothari, Income Tax Officer, 601, N.R.K. Villas, Delhi Vs. 22/2 Manoramaganj, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Adnpk7832J Assessee By Shri S.S. Deshpande, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 08.08.2024 Date Of Pronouncement 20.09.2024

transfer, either at the time of purchase or at the time of sale of share by the appellant, treatment of LTCG as unexplained credit under section 68 of the Act and confirmation thereof by Ld. CIT(A) is wholly unjustified, improper and bad in law. 06) Section 68: Issue: Burden to prove :- That the Commissioner of Income tax (A) erred

DEPUTY COMMISSIONER OF INCOME TAX -5(1), INDORE vs. M/S SUNDERDEEP CONSTRUCTIONS PVT. LTD. , INDORE

In the result both the appeals of the revenue vide ITA No

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

153(6)(i) and section 150(1) also fortifies the contention of the assessee to have the direction of the Hon’ble Bench to re-compute the total income of AY 2015-16 and / or AY 2013-14, as the case may be, so as to bring to charge the amount of Rs. 39,21,275/- only once. The combined

DEPUTY COMMISSIONER OF INCOME TAX -5(1), INDORE vs. M/S SUNDERDEEP CONSTRUCTIONS PVT. LTD. , INDORE

In the result both the appeals of the revenue vide ITA No

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

153(6)(i) and section 150(1) also fortifies the contention of the assessee to have the direction of the Hon’ble Bench to re-compute the total income of AY 2015-16 and / or AY 2013-14, as the case may be, so as to bring to charge the amount of Rs. 39,21,275/- only once. The combined

M/S ASHOKA HI-TECH BUILDERS P. LTD.,INDORE vs. THE DCIT (CENTRAL)-1, INDORE

In the result Ground No.1 and 2 of the assessee’s appeal for A

Bench: Shri Kul Bharat & Shri Manish Borad

transferred 32 of the monies received to the appellant's account. The Developer, M/s JSM Devcon Pvt. Ltd. after considering all the factors has adopted Percentage Completion Method for revenue recognition, which shall be binding on the appellant company as well, as it is dependent on the Developer for all the activities. 4.11 Reliance is also placed on the following

THE ACIT, CIRCLE 2(1), INDORE vs. M/S SURYA INFRA VENTURE PVT. LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

transfer to appellants bank account. Further, copy of ledger account of the appellant in the books of the investor company and copy of confirmation has also been filed. The appellant had duly issued shares against funds received from the investor company. The appellant company has received total sum sum of Rs. 1,35,00,000/- against which 1

THE AIT,ENTRAL-1, INDORE vs. SURYA INFRAVENTURE P LTD, INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

transfer to appellants bank account. Further, copy of ledger account of the appellant in the books of the investor company and copy of confirmation has also been filed. The appellant had duly issued shares against funds received from the investor company. The appellant company has received total sum sum of Rs. 1,35,00,000/- against which 1

THE ACIT, CENTRAL-1, INDORE vs. M/S SURYA INFRA VENTURE PVT. LTD., INDORE

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

transfer to appellants bank account. Further, copy of ledger account of the appellant in the books of the investor company and copy of confirmation has also been filed. The appellant had duly issued shares against funds received from the investor company. The appellant company has received total sum sum of Rs. 1,35,00,000/- against which 1

AG-8 VENTURES LTD.,BHOPAL vs. ACIT, CENTRAL-1, BHOPAL

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

153 A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment.” 15. In the present case, Ld. AO has not brought any evidence

AG-8 VENTURES LTD.,BHOPAL vs. ACIT, CENTRAL-1, BHOPAL

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

153 A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment.” 15. In the present case, Ld. AO has not brought any evidence

THED CIT ,CENTRAL-1, BHOPAL vs. M/S DILIP BUILDCON LTD, BHOPAL

In the result, revenue’s appeal for A

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

Transfer the project highway to MPRDC upon termination of the agreement in accordance with the provision thereof. 5 Employment of “The Concessionaire shall ensure that Article 5.5 96 trained the personal engaged by it in the at internal performance of its obligation under this personnel’s page 22 of agreement are at all time properly the trained for their respective

DILIP BUILDCON LIMITED,BHOPAL vs. DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL)-1, BHOPAL

In the result, revenue’s appeal for A

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

Transfer the project highway to MPRDC upon termination of the agreement in accordance with the provision thereof. 5 Employment of “The Concessionaire shall ensure that Article 5.5 96 trained the personal engaged by it in the at internal performance of its obligation under this personnel’s page 22 of agreement are at all time properly the trained for their respective

DCIT (CENTRAL)-1, BHOPAL vs. DILIP BUILDCON LTD., BHOPAL

In the result, revenue’s appeal for A

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

Transfer the project highway to MPRDC upon termination of the agreement in accordance with the provision thereof. 5 Employment of “The Concessionaire shall ensure that Article 5.5 96 trained the personal engaged by it in the at internal performance of its obligation under this personnel’s page 22 of agreement are at all time properly the trained for their respective

DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL)-1, BHOPAL vs. DILIP BUILDCON LIMITED, BHOPAL

In the result, revenue’s appeal for A

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

Transfer the project highway to MPRDC upon termination of the agreement in accordance with the provision thereof. 5 Employment of “The Concessionaire shall ensure that Article 5.5 96 trained the personal engaged by it in the at internal performance of its obligation under this personnel’s page 22 of agreement are at all time properly the trained for their respective

DCIT (CENTRAL)-1, BHOPAL vs. DILIP BUILDCON LTD., BHOPAL

In the result, revenue’s appeal for A

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

Transfer the project highway to MPRDC upon termination of the agreement in accordance with the provision thereof. 5 Employment of “The Concessionaire shall ensure that Article 5.5 96 trained the personal engaged by it in the at internal performance of its obligation under this personnel’s page 22 of agreement are at all time properly the trained for their respective

DILIP BUILDCON LTD.,BHOPAL vs. DCIT (CENTRAL)-1, BHOPAL

In the result, revenue’s appeal for A

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

Transfer the project highway to MPRDC upon termination of the agreement in accordance with the provision thereof. 5 Employment of “The Concessionaire shall ensure that Article 5.5 96 trained the personal engaged by it in the at internal performance of its obligation under this personnel’s page 22 of agreement are at all time properly the trained for their respective

SHRI DILIP BUILDCON LTD,BHOPAL vs. DCIT CENTRAL -1, BHOPAL

In the result, revenue’s appeal for A

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

Transfer the project highway to MPRDC upon termination of the agreement in accordance with the provision thereof. 5 Employment of “The Concessionaire shall ensure that Article 5.5 96 trained the personal engaged by it in the at internal performance of its obligation under this personnel’s page 22 of agreement are at all time properly the trained for their respective

DILIP BUILDCON LTD.,BHOPAL vs. DCIT (CENTRAL)-1, BHOPAL

In the result, revenue’s appeal for A

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

Transfer the project highway to MPRDC upon termination of the agreement in accordance with the provision thereof. 5 Employment of “The Concessionaire shall ensure that Article 5.5 96 trained the personal engaged by it in the at internal performance of its obligation under this personnel’s page 22 of agreement are at all time properly the trained for their respective

M/S. S.R. FERRO ALLOYS,JHABUA vs. THE PCIT, BHOPAL

In the result, the appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanis.R. Ferro Alloys Pr. Cit, Central 9, Siddheswar Colony Bhopal Vs. Jhabua (Appellant / Assessee) (Revenue) Pan: Abhfs7377Q Appellant By Shri Sumit Nema, Sr. Adv. & Gagan Tiwari, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 12.10.2023 Date Of Pronouncement 09.11.2023

price. A method of accounting adopted by the trader consistently and regularly cannot be discarded by departmental authorities on the view that he should have adopted a different method of keeping accounts or of valuation. The method of accounting regularly employed may be discarded only, if, in the opinion of taxing authorities, income of the trade cannot be property Page

M/S. BIRLA CORPORATION LTD., UNIT SATNA CEMENT WORKS,SATNA vs. ITO (IT & TP), BHOPAL

In the result, Assessee’s appeals

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing

153 to 172 of Mitsui & Co. Ltd. ITA No. 4377 (ITAT Delhi) 11 Copy of Judgement in the Case of Motorola Inc. (ITAT 173 to 289 Delhi) 8. Per contra Ld. DR vehemently argued supporting the order of both the lower authorities and prayed for confirming the order. 9. We have heard rival contentions and perused the records placed before