SRK DEV BUILD PVT LTD.,INDORE vs. DCIT/ACIT 5(1), INDORE

Appeal is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2016-17 Srk Dev Build Pvt. Ltd, Dcit/Acit-5(1) 18/2, Lasudia Mori, Indore बनाम/ A.B. Road, Vs. Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Aaqcs3387P Assessee By Shri Pranay Goyal & S.N. Goyal, Cas Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 15.04.2024 Date Of Pronouncement 20.06.2024

depreciation u/s 32(1) of Rs. 2,10,80,516/- and (iii) disallowance of interest u/s 37(1) of Rs. 90,33,182/-. The AO also initiated penalty proceedings u/s 271

DCIT(CENTRAL)-2, INDORE, INDORE vs. M/S KALYAN TOLL HIGHWAY PVT.LTD, INDORE

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year:2013-14 Dcit(Central)-2 M/S. Kalyan Toll Highway Pvt. Ltd. Indore Indore बनाम/ (Appellant) (Revenue ) Vs. P.A. No. Aadck9401F Appellant By Shri Harshit Bari, Sr. Dr Respondent By Shri Ajay Tulsiyan, Ca Date Of Hearing: 21.06.2021 Date Of Pronouncement: 27.07.2021 आदेश / O R D E R Per Manish Borad, A.M:

depreciation so made. Though there is no addition made by the Ld. AO, the alleged penalty proceedings were initiated and subsequently levied for the alleged claim of bogus expenditure. 8. We also note that for initiating penalty proceedings following show cause notice was issued u/s 274 r.w.rt. 271

PRAKASH ASPHALTINGS AND TOLL HIGHWAYS (INDIA) LIMITED,MHOW vs. ASSISSTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, INCOME TAX DEPARTMENT, INDORE

In the result, the appeal is allowed

Bench: Shri B.M. Biyani & Shri Udayan Das Guptaassessment Year: 2014-15 Prakash Asphalting & Toll Acit Central Circle -1 Highways (India) Limited, Indore बनाम/ 76, Mall Road, Vs. Mhow (Assessee/Appellant) (Revenue/Respondent) Pan: Aabcp0398N Assessee By Shri Anup Garg & Vikas Guru, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 22.01.2025 Date Of Pronouncement 24.02.2025

depreciation on the same was claimed consistently by the appellant and onwards when the appellant was confronted with this fact, the appellant offered undisclosed income in the submission. Addition of Rs. 2,12,774/- was made to the total income of the assessee for the AY 2014-15 and penalty proceedings u/s 271AAB was initiated on this issue.” 3. Aggrieved

PRASAM RAKESH CHOUDHARY,GIRNAR SOCIETY, BAPURAO GALLI, ITWARI, NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL -1, BHOPAL , BHOPAL

Appeal is dismissed

Bench: Ms. Suchitra R. Kamble & Shri B.M. Biyaniacit Circle-1(1) M/S. Rashtriya Takniki Bhopal Shikshak Prashikshan Evam Anunsandhan Sansthan बनाम/ Samiti, Vs. Bhopal (Revenue/Appellant) (Assessee/Respondent) Pan: Aabar2266H Assessee By Shri Ashish Porwal, Sr. Dr Revenue By Shri Vinod Joshi, Ar Date Of Hearing 08.12.2025 Date Of Pronouncement 22.12.2025

271(1)(c) on the footing that the assessee had furnished inaccurate particulars of income by claiming inadmissible depreciation. Ultimately, the AO passed penalty-order dated 28.02.2020 imposing a penalty of Rs. 2,00,00,000/- u/s

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(1), BHOPOAL, BHOPAL vs. M/S RASHTRIYA TAKNIKI SHIKSHAK PRASHIKSHAN EVAM ANUNSANDHAN SANSTHAN, BHOPAL

Appeal is dismissed

Bench: Ms. Suchitra R. Kamble & Shri B.M. Biyaniacit Circle-1(1) M/S. Rashtriya Takniki Bhopal Shikshak Prashikshan Evam Anunsandhan Sansthan बनाम/ Samiti, Vs. Bhopal (Revenue/Appellant) (Assessee/Respondent) Pan: Aabar2266H Assessee By Shri Ashish Porwal, Sr. Dr Revenue By Shri Vinod Joshi, Ar Date Of Hearing 08.12.2025 Date Of Pronouncement 22.12.2025

271(1)(c) on the footing that the assessee had furnished inaccurate particulars of income by claiming inadmissible depreciation. Ultimately, the AO passed penalty-order dated 28.02.2020 imposing a penalty of Rs. 2,00,00,000/- u/s

TURNING POINT ESTATES P LTD ,INDORE vs. THE ACIT 5(1), INDORE

In the result, appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniturning Point Estates Pvt. Ltd. Acit 5(1) 6Th Floor, Treasure Island, 11 Indore Vs Tukoganj Main Road . Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aacct 7457 R Assessee By Shri Manjeet Sachdeva & Avinash Gaur, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 05.04.2023 Date Of Pronouncement 10.04.2023

Penalty proceedings u/s 271(1)(c) of the IT Act, 1961 is hereby being initiated separately for assessee furnishing inaccurate particulars of his income. 6. Ld. AO has disallowed the claim of expenses under the head Employees benefit expenses, depreciation

THE ACIT-3(1), INDORE vs. M/S. NARMADA MALWA GRAMIN BANK, INDORE

In the result, appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year : 2008-09 Acit- 3(1) M/S. Narmada Malwa Gramin Indore Bank, बनाम/ 201, Arcade Silver, 56 Shops, New Vs. Palasia, Indore (M.P.) (Revenue ) (Respondent) P.A. No. Aaccn2847F Assessment Year: 2008-09

depreciation at Rs.23,83,676/- and disallowance u/s 36(1)(vii)(a) for the claim of provision made for bad and doubtful debts at Rs.36,19,25,521/-. 3. Subsequently, penalty proceedings were initiated u/s 271

M/S. NARMADA MALWA GRAMIN BANK,INDORE vs. THE ACIT-3(1), INDORE

In the result, appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year : 2008-09 Acit- 3(1) M/S. Narmada Malwa Gramin Indore Bank, बनाम/ 201, Arcade Silver, 56 Shops, New Vs. Palasia, Indore (M.P.) (Revenue ) (Respondent) P.A. No. Aaccn2847F Assessment Year: 2008-09

depreciation at Rs.23,83,676/- and disallowance u/s 36(1)(vii)(a) for the claim of provision made for bad and doubtful debts at Rs.36,19,25,521/-. 3. Subsequently, penalty proceedings were initiated u/s 271

M/S KETI INFRASTRUCTURE PRIVATE LIMITED,INDORE vs. THE DCIT (CENTRAL), INDORE

In the result appeals of the assessee for Assessment Years

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

271(1)(c) of the Act, which otherwise is neither arising out of the facts of the case nor established against the assessee. Thus, the penalty proceedings conducted against the assessee u/s 271AAA of the Act were invalid at its very inception because of the defective and invalid show cause notice, rendering the entire penalty proceedings void abnitio. The penalty

M/S KETI INFRASTRUCTURE PVT. LTD.,INDORE vs. DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL), INDORE, INDORE

In the result appeals of the assessee for Assessment Years

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

271(1)(c) of the Act, which otherwise is neither arising out of the facts of the case nor established against the assessee. Thus, the penalty proceedings conducted against the assessee u/s 271AAA of the Act were invalid at its very inception because of the defective and invalid show cause notice, rendering the entire penalty proceedings void abnitio. The penalty

THE ACIT (CENTRAL) UJJAIN, UJJAIN vs. M/S. ARIBA FOODS (P) LTD., INDORE

In the result the appeal of revenue is dismissed

Bench: Shri Mahavir Prasad & Shri Bhagirath Mal Biyani

depreciation on newly installed plant and machinery. The Ld. AO selected case under scrutiny, issued statutory notices and finally completed assessment u/s 143(3) on 26.12.2018. Simultaneously on 26.12.2018, the Ld. AO issued notice u/s 274 read with section 271(1)(c) of the Act for imposition of penalty

RAMA GARG,SEHORE vs. DCIT-3(1), BHOPAL, BHOPAL

In the result appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani(Assessment Year: 2012-13 Smt. Rama Garg, Dcit-3(1), Gadhi Chok, Bhopal Chota Bazar, Vs. Nasrullaganj, Sehore (Appellant / Assessee) (Respondent/ Revenue) Pan: Abcpg1140J Assessee By Shri R.K. Mangal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 18.06.2024 Date Of Pronouncement 26.06.2024

penalty levied u/s 271(1)(c) of the Act in respect of disallowance of claim u/s 35 in respect of 6 items out of total 9 items claimed by the assessee. Ld. DR relied on the orders of authorities below. 5 Smt. Rama Garg 7. We have considered the rival submissions as well as relevant material on record. There

SAIPHIA TECHNOLOGY PRIVATE LIMITED,BHOPAL vs. COMMISSIONER OF INCOME-TAX (APPEALS) , NATIONAL FACELESS APPEAL CENTRE (NFAC) DELHI

Appeal is partly allowed

Bench: Shri B.M. Biyani & Shri Udayan Das Guptaassessment Year:2015-16 Saiphia Technology Private Nfac Limited, Delhi 1St Floor Ankit Plaza, बनाम/ Kolar Road, Vs. Near Nayapura Bus Stop, Bhopal (Assessee/Appellant) (Revenue/Respondent) Pan: Aancs1814Q Assessee By Shri Gagan Tiwari, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 20.01.2025 Date Of Pronouncement 22.01.2025

depreciation claim, (ii) disallowance of Rs. 6,00,000/- on account of income-tax, and (iii) disallowance of Rs. 2,28,966/- out of various expenses. Accordingly, the AO determined total income at (-) Rs. 22,57,425/-. The AO also initiated penalty proceedings u/s 271

DHANRAJ DISTRIBUTORS (P) LTD.,INDORE vs. DCIT (1), INDORE

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

depreciation; and (iv) disallowance of Rs. 20,000/- out of office, conveyance and travelling expenses. Aggrieved, the assessee carried matter in first-appeal wherein the CIT(A) granted part relief by deleting the addition of last item of Rs. 20,000/-. Subsequently, vide penalty-order dated 30.03.2017, the AO imposed a penalty of Rs. 2,05,469/- u/s

SHREE TEKCHANDJI MAHARAJ TRUST,UJJAIN vs. ASSESSING OFFICER, UJJAIN

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

depreciation claimed w.r.t. movable / immovable assets. Also specify whether the capital expenditure on account of acquisition of these assets have been claimed as application of income in the current year/previous years or not. If yes, submit justification for the same. 12) Details of the persons/ institutions to whom donation have been made during the year in the format below:- Name

S T I INDIA LTD.,INDORE vs. ACIT-5(1), INDORE

Appeals are disposed of as under:

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

penalty proceeding u/s 271(1)(c) but on perusal of his order, it is very much apparent that he has merely upheld AO’s observations and not given his independent finding even for the disallowance. From the details of expenditure placed in Paper-Book, we find that the assessee has done significant business at least with Spain and Turkey

ACIT-5(1), INDORE vs. S T I INDIA LTD., INDORE

Appeals are disposed of as under:

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

penalty proceeding u/s 271(1)(c) but on perusal of his order, it is very much apparent that he has merely upheld AO’s observations and not given his independent finding even for the disallowance. From the details of expenditure placed in Paper-Book, we find that the assessee has done significant business at least with Spain and Turkey

S T I INDIA LTD.,INDORE vs. ACIT-5(1), INDORE

Appeals are disposed of as under:

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

penalty proceeding u/s 271(1)(c) but on perusal of his order, it is very much apparent that he has merely upheld AO’s observations and not given his independent finding even for the disallowance. From the details of expenditure placed in Paper-Book, we find that the assessee has done significant business at least with Spain and Turkey