DCIT, CIRCLE-5(1), BHOPAL, BHOPAL vs. M P STATE TOURISM DEVELOPMENT CORPORATION LIMITED, BHOPAL

Appeals are dismissed

Bench: Shri B.M. Biyani & Shri Paresh M. Joshi

capital expenditure. Therefore, penalty proceedings u/s 271(1)(c) are being initiated separately for furnishing inaccurate particulars of income.” Therefore, the penalty-order of AY 2012-13 is unsustainable for this very reason also that there is no satisfaction recorded by AO in assessment-order qua any default having been committed by assessee attracting penalty proceedings of section 271

DCIT, CIRCLE-5(1), BHOPAL, BHOPAL vs. M P STATE TOURISM DEVELOPMENT CORPORATION LIMITED, BHOPAL

Appeals are dismissed

capital expenditure.\nTherefore, penalty proceedings u/s 271(1)(c) are being initiated separately for\nfurnishing inaccurate particulars of income.\"\nTherefore, the penalty-order of AY 2012-13 is unsustainable for this very\nreason also that there is no satisfaction recorded by AO in assessment-order\nqua any default having been committed by assessee attracting penalty\nproceedings of section 271

DCIT-5(1), BHOPAL, BHOPAL vs. M P STATE TOURISM DEVELOPMENT CORPORATION LIMITED, BHOPAL

Appeals are dismissed

capital expenditure.\nTherefore, penalty proceedings u/s 271(1)(c) are being initiated separately for\nfurnishing inaccurate particulars of income.”\nTherefore, the penalty-order of AY 2012-13 is unsustainable for this very\nreason also that there is no satisfaction recorded by AO in assessment-order\nqua any default having been committed by assessee attracting penalty\nproceedings of section 271

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)

capital gain and also assessed total income at Rs. 1,90,80,477/- (R/o to Rs. 1,90,80,480/-). In the assessment-order so made, the AO recorded satisfaction for imposition of penalty u/s 271

SEEMA JAIN,INDORE vs. ITO 1(1), INDORE

Appeal is allowed

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year: 2013-14 Seema Jain, Ito 1(1) 73-Ba, Scheme No.94, Indore Regency Adrise, Near बनाम/ Bombay Hospital, Vs. Vijay Nagar, Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Adtpj4652K Assessee By Shri Anil Khandelwal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 16.07.2025 Date Of Pronouncement 17.07.2025

capital gain on the basis of intimation already on record of the A.O. which does not amount to breach of of section 50C for attracting penalty u/s 271

VIMAL TODI,INDORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX, INDORE

Appeal is allowed

Bench: Shri B.M. Biyani & Shri Paresh M Joshishri Vimal Todi, Additional Commissioner बनाम/ 501, Darshan Residency, Of Income-Tax, Vs. 104-105, Anand Bazar, Indore Indore

Capital & Finlease Ltd. (2015) 378 ITR 614 (Delhi) (c) PCIT Vs. Rishikesh Buildcon Private Limited (2023) 451 ITR 108 (Delhi) 12. With these submissions, Ld. AR prayed to quash the penalty- orders as time-barred. 13. Per contra, Ld. DR submitted that in Para 20.5 of assessment- order, there is no initiation of penalty-proceedings

SMT. KAVITA SACHDEV,INDORE vs. ITO-3(4), INDORE, INDORE

In the result, the appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao & Shrib.M. Biyaniassessment Year : 2011-12 Smt. Kavita Sachdev, Income-Tax Officer, 112,Jairampur Colony, 3(4), बनाम/ Indore. Indore. Vs. (Assessee / Appellant) (Revenue / Respondent) Pan : Arcps6793D Assessee By Shri Milind Wadhwani, Ca Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 14.05.2024 Date Of Pronouncement 16.05.2024

capital gain interest and other sources. The AO also initiated the penalty proceedings u/s 271(1)(c) and levied a penalty

RAJARAM PATIDAR,BHOPAL MADHYA PRADESH vs. INCOME TAX OFFICER 2(4), HOSHANGABAD ROAD

Appeal is partly allowed as indicated above

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2010-11 Rajaram Patidar, Income-Tax Officer, H.No.112, Near Ram Lila 2(4), Maidan, Hoshangabad Road, बनाम/ Ward No. 52-53, Bhopal Vs. Misrod (Assessee/Appellant) (Revenue/Respondent) Pan: Bkapp7594R Assessee By Shri Anil Khabya, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 26.06.2024 Date Of Pronouncement 27.06.2024

capital gain and (ii) Rs. 1,06,772/- on account of interest income, surviving even after ITAT’s order, should also be deleted on merit. 6. So far as the first part of assessee’s grievance is concerned, we agree that the penalty u/s 271

VIMAL TODI,INDORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX, INDORE

Appeals are allowed

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

Capital & Finlease Ltd. (2015) 378 ITR 614 (Delhi) (c) PCIT Vs. Rishikesh Buildcon Private Limited (2023) 451 ITR 108 (Delhi) 12. With these submissions, Ld. AR prayed to quash the penalty-orders as time-barred. 13. Per contra, Ld. DR submitted that in Para 20.5 of assessment-order, there is no initiation of penalty-proceedings

VIMAL TODI,INDORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX, INDORE

Appeals are allowed

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

Capital & Finlease Ltd. (2015) 378 ITR 614 (Delhi) (c) PCIT Vs. Rishikesh Buildcon Private Limited (2023) 451 ITR 108 (Delhi) 12. With these submissions, Ld. AR prayed to quash the penalty-orders as time-barred. 13. Per contra, Ld. DR submitted that in Para 20.5 of assessment-order, there is no initiation of penalty-proceedings

HARPREET KAUR,BHOPAL vs. INCOME-TAX OFFICER, 5(2), BHOPAL, BHOPAL

Appeal is allowed in terms mentioned above

penalty proceedings u/s 271(1)(c) of the 'Act' are\ninitiated separately. After rejection of claim LTCG as claimed by the assessee\nis being computed separately in forthcoming paras of the body of the\nassessment order.\nAddition - Rs.8,61,000/-.\n3. Computation of LTCG:\nDescription\nAmount\nComputation\nFull\nvalue of Consideration\n(sale\nRs.410000/-\nconsideration received in lieu of sale

INCOME TAX OFFICER 2(1), BHOPAL, BHOPAL vs. DEVI SINGH, BHOPAL

Appeal is dismissed being devoid of any

Bench: Shri Siddhartha Nautiyal & Shri B.M. Biyani

capital gain made by AO, the penalty u/s 271(1)(c) cannot survive in absence of underlying addition. Hence, we also

MOHINI SRIVASTAVA,BHOPAL vs. INCOME TAX OFFICER-1(1), BHOPAL, BHOPAL

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanismt. Mohini Shrivastava, Ito 1(1), Hig-2/3,Geetanjali Complex, Indore Vs. Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Acwps6390R Assessee By S/Shri Ashish Goyal & N.D. Patwa, Ars Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 08.10.2024 Date Of Pronouncement 09.10.2024 O R D E R

penalty u/s 271(1)(c) of the Act against the addition made u/s 50C of the I.T. Act to the capital gain

INCOME TAX OFFICER 2(1), BHOPAL, BHOPAL vs. DEVI SINGH, BHOPAL

Appeal is dismissed being devoid of any merit

capital gain made by AO, the penalty u/s 271(1)(c) cannot\nsurvive in absence of underlying addition. Hence, we also

SMT. PUSHPA AGRAWAL,INDORE vs. ITO WARD 5(2), INDORE, AAYKAR BHAWAN, OPPOSITE WHITE CHURCH, RESIDENCY AREA, INDORE

Appeal is allowed

capital gain.\nFurther, I am satisfied that the assessee had concealed the particulars\nof her income, therefore, penalty proceedings u/s 271

THE ITO 2 (2), BHOPAL vs. SHRI MUNSHIRAM BALKISHAN VERMA, BHOPAL

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court)

penalty u/s 271(1)(c) of Rs. 62,04,270/- made by the AO on concealment of long term capital gain

THE ITO 2 (2), BHOPAL vs. SHRI MUNSHIRAM BALKISHAN VERMA, BHOPAL

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court)

penalty u/s 271(1)(c) of Rs. 62,04,270/- made by the AO on concealment of long term capital gain

M/S SIDDHULA;L,BHOPAL vs. THE ITO 2(2) BHOPAL, BHOPAL

Appeal is partly allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year : 2011-12 M/S. Siddhulal Patidar, Income-Tax Officer, 01,Gram Sallaiya, 2(2), बनाम/ Bawadia Kalan, Bhopal Vs. Bhopal (Appellant/Assessee) (Respondent/Revenue) Pan: Dhypp1740N Assessee By Shri Ashish Goyal & Shri N.D. Patwa, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 13.02.2024 Date Of Pronouncement 28.02.2024

penalty u/s 271(1)(c). 2. The background facts leading to present appeal are such that in the case of assessee-individual, the AO received an information that the assessee sold a land on 06.09.2010 for Rs. 35,00,000/-, having stamps valuation of Rs. 48,05,000/- and earned capital gain

AMIT ASHOK AGRAWAL,INDORE vs. ITO-2(2), INDORE

In the result, the quantum appeal of assessee is partly allowed for statistical purposes and penalty appeal of assesse is allowed

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

Penalty proceedings u/s 271(1)(c) are initiated for concealment of income, u/s 271A for failure to maintain books of Page 12 of 19 ITA No.209 & 210/Ind/2023 Amit Ashok Agrawal Page 13 of 19 accounts, documents etc and u/s 271B for failure to submit the audit report u/s 44AB. (Addition Rs. 7,03,838/-) 8.1 Thus, the AO has made