SHREE SHANTANU VIDHYAPEETH SOCIETY ,INDORE, M.P. vs. THE INCOME TAX OFFICER, NFAC, DELHI, DELHI

Appeal is allowed for statistical purpose

270A was received on 01.08.2024,\nthe matter was discussed with counsel who suggested for filing of\nappeal and immediately the present appeal was filed on 22.08.2024 is\na credible explanation. The assessee has also filed penalty-notice\ndated 01.08.2024 for perusal. The chronology of facts is well-\nexplained by Shri Abhishek Upadhyay/Secretary. In any case, even if\nit is said

INDORE SAHAKARI DUGDH SANGH MARYADIT,DAIRY COMPOUND, MANGLIA vs. COMMISSIONER OF INCOME TAX (APPEALS), NFAC, INCOME TAX DEPARTMENT, DELHI

In the result, the appeals of the assessee are allowed

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

disallowing, allowable Deduction of Interest Income validly Claimed for Rs. 22867733/- by incorrectly interpreting provision of Section 80P (2) (d) and 80P(4). 2. The Learned Assessing Officer has erred in initiating penalty provisions u/s 270A

INDORE SAHAKARI DUGDH SANGH MARYADIT,DAIRY COMPOUND, MANGLIA vs. COMMISSIONER OF INCOME-TAX (APPEALS), NFAC, INCOME TAX DEPARTMENT, DELHI

In the result, the appeals of the assessee are allowed

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

disallowing, allowable Deduction of Interest Income validly Claimed for Rs. 22867733/- by incorrectly interpreting provision of Section 80P (2) (d) and 80P(4). 2. The Learned Assessing Officer has erred in initiating penalty provisions u/s 270A

BADAUD SHRI VARDHMAN SHIKSHA ,BADAUD vs. THE ITO NFAC DELHI, NEW DELHI

Appeal is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year:2018-19 Badaud Shri Vardhaman Ito, बनाम/ Shiksha Samiti, Nfac, Badaud Delhi Vs. (Assessee / Appellant) (Revenue / Respondent) Pan: Aacab5370 Assessee By Shri Sharad Jain, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 19.07.2023 Date Of Pronouncement 25.07.2023

section 270A(2) is also not applicable because in the present case for the reason that the total income was reported by assessee at Rs. Nil which remained Rs. Nil at the time of assessment, it is not a case where the assessment has the effect of reducing the loss or converting loss into income. Ld. AR submitted that

CMM KETI JV,INDORE vs. ITO 1(3), INDORE, INDORE

Appeal is allowed for statistical purposes

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2017-18 Cmm Keti Jv, Income-Tax Officer, 108, Shalimar Corporate 1(3), Center, Indore. बनाम/ 8-B, South Tukoganj, Vs. Indore. (Assessee/Appellant) (Revenue/Respondent) Pan: Aakfc7524K Assessee By Shri Shashank Sharma, Ca & Shri Prakash Gupta, Ca Revenue By Shri Sanjeev H. Bhagat, Sr. Dr Date Of Hearing 11.12.2024 Date Of Pronouncement 20.01.2025

270A(9), 271B and 272(1)(d). Page 2 of 10 CMM Keti JV, Indore. ITA No. 73/Ind/2024 – AY 2017-18 4. During first-appeal, the CIT(A) passed following order upholding the addition made by AO: “8. Ground no.1 is relating to addition of Rs. 1,03,58,390/- being 2% of the turnover as the income

KHANDWA INDUSTRIES PRIVATE LIMITED,INDORE vs. ACIT, KHANDWA, KHANDWA

Appeal is allowed

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year:2017-18 Khandwa Industries Pvt. Ld., Acit, G-2 Amans Corner, Khandwa बनाम/ 301, Goyal Vihar, Vs. Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Aadck4103G Assessee By Shri Soumya Bumb, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 11.03.2025 Date Of Pronouncement 21.03.2025

Section 40A(2)(b) of the Act. The Appellant prays the said arbitrary disallowance be directed to be deleted. Page 1 of 8 Khandwa Industries Pvt. Ltd. ITA No. 309/Ind/2024 – AY 2017-18 2. The CIT(A) failed to appreciate and ought to have held that the AO has not perused the audit report correctly and neither questioned the reasonableness

MANOJ KUMAR GANGADHARAN,BHOPAL vs. ITO (IT AND TP) BHOPAL, BHOPAL

In the result appeal of the assessee is dismissed

disallowed (House property). That the\naforesaid assessment order is hereinafter referred to as the\n“impugned assessment order”. In the “impugned assessment\norder" issuance of a penalty notice u/s 274 r.w.s.270A(1)/\n270A(9)(a) of the Act was contemplated too.\n2.2 That as and by way of an order (penalty) passed u/s 270A of\nthe Act i.e. “Misreporting penalty

MANOJ KUMAR GANGADHARAN,BHOPAL vs. ITO (IT AND TP) BHOPAL, BHOPAL

In the result appeal of the assessee is dismissed

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshi

disallowed (House property). That the aforesaid assessment order is hereinafter referred to as the “impugned assessment order”. In the “impugned assessment order” issuance of a penalty notice u/s 274 r.w.s. 270A(1)/ 270A(9)(a) of the Act was contemplated too. 2.2 That as and by way of an order (penalty) passed u/s 270A of the Act i.e. “Misreporting penalty

MALWA OXYGEN AND INDUSTRIAL GASES PRIVATE LIMITED ,SECTOR C, INDUSTRIAL AREA vs. AO-RATLAM/INCOME TAX OFFICER, NFAC, RATLAM/DELHI

Appeal is partly allowed for statistical purposes

270A(9)(a) are initiated separately.\n[Disallowance of Rs.78,72,495/-]\n6. During first appeal, the CIT(A) upheld AO's action by passing following\norder:\n“6.1 From the above discussion, it is clear that the appellant failed to produce\nsupporting evidences for claim of expenditure incurred towards scientific\nresearch before the Secretary DSIR, Government of India

DCIT- (CENTRAL)-3, INDORE vs. MRS. JATINDER KAUR BHATIA, KHANDWA

Appeals are dismissed and assessee’s

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

disallowance made by CIT(A). Consequently, we uphold order of CIT(A) and the grounds raised by revenue are dismissed. Page 14 of 46 Mrs. Jatinder Kaur Bhatia ITA Nos. 206 & 207/Ind/2023 & ITANo.227/Ind/2023 AY 2015-16, 2016-17 & 2018-19 Ground No. 3 to 5: 14. In these grounds, the revenue has challenged the CIT(A)’s action of deleting

DCIT- (CENTRAL)-3, INDORE vs. MRS. JATINDER KAUR BHATIA, KHANDWA

Appeals are dismissed and assessee’s

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

disallowance made by CIT(A). Consequently, we uphold order of CIT(A) and the grounds raised by revenue are dismissed. Page 14 of 46 Mrs. Jatinder Kaur Bhatia ITA Nos. 206 & 207/Ind/2023 & ITANo.227/Ind/2023 AY 2015-16, 2016-17 & 2018-19 Ground No. 3 to 5: 14. In these grounds, the revenue has challenged the CIT(A)’s action of deleting

MRS. JATINDER KAUR BHATIA,KHANDWA vs. ACIT- (CENTRAL) UJJAIN, UJJAIN

Appeals are dismissed and assessee’s

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

disallowance made by CIT(A). Consequently, we uphold order of CIT(A) and the grounds raised by revenue are dismissed. Page 14 of 46 Mrs. Jatinder Kaur Bhatia ITA Nos. 206 & 207/Ind/2023 & ITANo.227/Ind/2023 AY 2015-16, 2016-17 & 2018-19 Ground No. 3 to 5: 14. In these grounds, the revenue has challenged the CIT(A)’s action of deleting

NIRVINDHYA SHIKSHA AVAM SANSKRITI PRACHAR SAMITI,RAJGARH vs. ITO, RAJGARH

Appeal is allowed for statistical purpose

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year : 2017-18 Nirvindhya Shiksha Avam Income-Tax Officer, Sanskriti Prachar Samiti, Rajgarh Biaora, C/O Adv. Hitesh Chimnani, बनाम/ Ug-37, Trade Centre, Vs. 18,South Tukoganj, Indore. (Assessee/Appellant) (Revenue/Respondent) Pan: Aaaan8371J Assessee By Shri Hitesh Chimnani, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 05.09.2024 Date Of Pronouncement 10.09.2024

2 of 7 Nirvindhya Shiksha Avam Sanskriti Prachar Samiti, Rajgarh ITA No. 100/Ind/2024 - AY 2017-18 exemption u/s 11/12. Subsequently, the AO passed penalty-order dated 17.02.2022 imposing a penalty of Rs. 7,20,926/- u/s 270A(1) treating the disallowance of Rs. 52,49,523/- as ‘under-reporting of income’. Aggrieved by penalty so imposed, the assessee carried matter

INCOME TAX OFFICER -4(1), BHOPAL, BHOPAL vs. HAMID HUSAIN, BHOPAL

Appeals are allowed for statistical purposes

sections": [ "143(3)", "144B", "143(2)", "142(1)", "270A", "46A", "139(1)", "206C", "133(6)" ], "issues": "Whether the disallowance of 100% of purchases

SMT HAFIZ SHAIKH,DEWAS vs. THE ITO WARD-1, DEWAS

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

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanihafiz Shaikh Ito Ward-1 32/2, Laxmi Park Moti Dewas Vs. Bunglow Dewas (Appellant / Assessee) (Respondent/ Revenue) Pan: Ajups6986 L Assessee By Ms. Richa Parwal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 25.05.2023 Date Of Pronouncement 29.05.2023

270A is being initiated separately. 6. The provision of section 45(3) contemplates only the deemed consideration in case of transfer of capital asset by the partner to the partnership firm. Therefore, the claim of deduction u/s 54B cannot be denied only because the transfer of the capital asset falls under the provision of section

SHRI GUPTNATH BAL SHIKSHAN SAMITI MACHALPUR,MACHALPUR vs. ITO WARD RAJGARH, RAJGARH

Appeal is allowed for statistical purposes in\nterms mentioned above

270A and 271F of the Act.” These penalties being consequential in\nnature are bound to imposed. Hence appeal on this ground is also dismissed.\nIn the result appeal of the assessee is dismissed\"\nNow, the assessee has come in next appeal before us.\n3.\nLd. AR for assessee invited our attention to the three provisions of law\nreferred

MADHYA PRADESH VIDYUT MANDAL KARMCHARI PARASPAR SAHAKARI SANSTHA MARYADIT,MANDSAUR vs. INCOME TAX OFFICER, MANDSAUR

Appeal is allowed for statistical purpose

Bench: Shri B.M. Biyani & Shri Paresh M. Joshimadhya Pradesh Vidyut Ito, Mandsaur बनाम/ Mandal Karmchari Vs. Paraspar Sahakari Sanstha Maryadit, Shop No.5 Nahar Sayyad Road, Kityani Mandsaur (Assessee/Appellant) (Revenue/Respondent) Pan:Aaaam6716A Assessee By Shri Ashok Ratnawat, Ar Revenue By Shri Anoop Singh, Cit-Dr Date Of Hearing 10.11.2025 Date Of Pronouncement 11.11.2025

270A(2) of the I. T. Act for under-reporting of income. Further, out of Rs. 54,43,636/- claimed by assessee, CPC has already disallowed a sum of Rs. 17,150/- while processing the ITR u/s 143(1) of the Act. Therefore, disallowable deduction is restricted to Rs. 54,26,486/- (Addition of Rs. 54,26,486/-)” (ii) Aggrieved

THE DCIT CIRCLE 5(1), BHOPAL vs. M/S L N MALVIYA INFRA PROJECTS P LTD, BHOPAL

In the result, appeal of the revenue is partly allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanidcit, Circle 5(1) M/S. L.N. Malviya Infra Projects Bhopal Pvt. Ltd. Plot No.29, F/F Sector, Dwarka Vs. New Delhi

2, 53, 81, 4911 are disallowed being personal in nature and added back to the total income of the assessee. The penalty proceeding u/s 270A of the Act is also initiated for the under-reporting of income.” 13. It is manifest from the impugned order of the AO that a general remark has been made by the AO about