ANJU JAIN, LR SHRI SUSHIL JAIN ,INDORE, MADHYA PRADESH vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, UJJAIN, UJJAIN, MADHYA PRADESH

Appeals are allowed

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

3) of section 271AAB the provisions of section 274 and 275 as far as may be applied in relation to the penalty referred in this section which means that before imposing the penalty under sec. 271AAB, the AO has to issue a show cause notice and give a proper opportunity of hearing to the assessee. Thus the levy of penalty

ANJU JAIN, LR SUSHIL JAIN,INDORE, MADHYA PRADESH vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, UJJAIN, UJJAIN, MADHYA PRADESH

Appeals are allowed

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

3) of section 271AAB the provisions of section 274 and 275 as far as may be applied in relation to the penalty referred in this section which means that before imposing the penalty under sec. 271AAB, the AO has to issue a show cause notice and give a proper opportunity of hearing to the assessee. Thus the levy of penalty

MUKESH KUMAR RANKA,INDORE, MADHYA PRADESH vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, UJJAIN, UJJAIN, MADHYA PRADESH

Appeals are allowed

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

3) of section 271AAB the provisions of section 274 and 275 as far as may be applied in relation to the penalty referred in this section which means that before imposing the penalty under sec. 271AAB, the AO has to issue a show cause notice and give a proper opportunity of hearing to the assessee. Thus the levy of penalty

PREM CHAWLA,BHOPAL vs. ASSISTANT COMMISSIONER OF INCOME TAX-1(1), BHOPAL, BHOPAL

Appeals of the assessee are allowed mutatis mutandis

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshimember

10. It is submitted that the provision of Section 271(1)(c) together with Explanation 5(A) brings the assessee liable for imposition of penalty in Page 26 of 29 Prem Chawla & other ITA Nos. 673 to 684/Ind/2024 & 755/Ind/2024– AY 2000-2001to 2006-07 respect of additional income, which has been offered following the search and the Assessing Officer

PREM CHAWLA LEGAL HEIR OF LATE SMT. SUDESH CHAWLA,BHOPAL vs. ASSISTANT COMMISSIONER OF INCOME TAX-1(1), BHOPAL, BHOPAL

Appeals of the assessee are allowed mutatis mutandis

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshimember

10. It is submitted that the provision of Section 271(1)(c) together with Explanation 5(A) brings the assessee liable for imposition of penalty in Page 26 of 29 Prem Chawla & other ITA Nos. 673 to 684/Ind/2024 & 755/Ind/2024– AY 2000-2001to 2006-07 respect of additional income, which has been offered following the search and the Assessing Officer

PREM CHAWLA LEGAL HEIR OF LATE SMT. SUDESH CHAWLA,BHOPAL vs. ASSISTANT COMMISSIONER OF INCOME TAX-1(1), BHOPAL, BHOPAL

Appeals of the assessee are allowed mutatis mutandis

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshimember

10. It is submitted that the provision of Section 271(1)(c) together with Explanation 5(A) brings the assessee liable for imposition of penalty in Page 26 of 29 Prem Chawla & other ITA Nos. 673 to 684/Ind/2024 & 755/Ind/2024– AY 2000-2001to 2006-07 respect of additional income, which has been offered following the search and the Assessing Officer

PREM CHAWLA LEGAL HEIR OF LATE SMT. SUDESH CHAWLA,BHOPAL vs. ASSISTANT COMMISSIONER OF INCOME TAX-1(1), BHOPAL, BHOPAL

Appeals of the assessee are allowed mutatis mutandis

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshimember

10. It is submitted that the provision of Section 271(1)(c) together with Explanation 5(A) brings the assessee liable for imposition of penalty in Page 26 of 29 Prem Chawla & other ITA Nos. 673 to 684/Ind/2024 & 755/Ind/2024– AY 2000-2001to 2006-07 respect of additional income, which has been offered following the search and the Assessing Officer

PREM CHAWLA,BHOPAL vs. ASSISTANT COMMISSIONER OF INCOME TAX-1(1), BHOPAL, BHOPAL

Appeals of the assessee are allowed mutatis mutandis

10 of 29\nPrem Chawla & other\nITA Nos.673 to 684/Ind/2024 & 755/Ind/2024- AY 2000-2001to 2006-07\norder did not accept the contention of the assessee because the\nassessee himself has accepted that payment of Rs.4,29,875/-\nhas been made out of the books and hence addition of\nRs.4,29,875/- was made. A satisfaction that penalty\nproceedings u/s

PREM CHAWLA,BHOPAL vs. ASSISTANT COMMISSIONER OF INCOME TAX-1(1), BHOPAL, BHOPAL

Appeals of the assessee are allowed mutatis mutandis

10 of 29\nPrem Chawla & other\nITA Nos.673 to 684/Ind/2024 & 755/Ind/2024-AY 2000-2001to 2006-07\norder did not accept the contention of the assessee because the\nassessee himself has accepted that payment of Rs.4,29,875/-\nhas been made out of the books and hence addition of\nRs.4,29,875/- was made. A satisfaction that penalty\nproceedings 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

3) of the Act 12.05.2023 Reference letter from the Assessing Officer to Addl. CIT 23.11.2023 Show cause notice issued u/s 274 r.w.s. 271D of the Act 30.11.2023 Last date for passing order u/s 271D of the Act [Refer 31.03.2024 section 275(1)(c)] Order passed u/s 271D of the Act 30.05.2024 Through this chart the Ld. AR pointed out that

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

3 of section 271AAB of the Act talks about issuing the notice u/s 274 of the Act. So for initiating the penalty proceedings u/s 271 AAB of the Act, the first step to be taken by Ld. Assessing Officer issue a valid notice u/s 274 of the Act provides a procedure that "No order imposing a penalty Page

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

10. Accordingly, in the facts and circumstances as discussed above as well as following judgment of Hon’ble Supreme Court in the case of CIT vs. Reliance Petroproducts Pvt. Ltd. (supra) as well as judgment of Hon’ble Jurisdictional High Court in the case of CIT vs. Praveen B. Gada (HUF) (supra), the penalty levied by AO 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:

3. Aggrieved assessee preferred an appeal before the Ld. CIT(A) raising grounds on merits as well as legal grounds. The Ld. CIT(A) decided in favour of assessee. Firstly he allowed the legal grounds by relying on the judgment of Hon'ble jurisdictional High Court in the case of Pr. CIT vs. Kulwant Singh Bhatia dated 09.05.2018 in ITNo.9

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) of the Income tax Act. 1961” 5. Now, we re-produce the order of first-appeal passed by Ld. CIT(A) deleting the penalty: “7. Decision :- 7.1 The appellant is a charitable trust registered under section 12A of the Income Tax Act (the Act). The income of the appellant is exempt u/s. 10

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) of the Income tax Act. 1961” 5. Now, we re-produce the order of first-appeal passed by Ld. CIT(A) deleting the penalty: “7. Decision :- 7.1 The appellant is a charitable trust registered under section 12A of the Income Tax Act (the Act). The income of the appellant is exempt u/s. 10

OM SHANTI MOTORS,BHOPAL vs. ACIT CENTRAL-1, BHOPAL, AAYAKAR BHAWAN, HOSHANGABAD ROAD, ARERA HILLS, BHOPAL - (FRONT OF MAILDA MILL)

Appeals are allowed for statistical purpose

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiit(Ss)A Nos.73 To 79/Ind/2024 (Ays: 2009-10 To 2015-16) &

271(1)(c) Bhopal 22.03.2019 Bhopal 14 614/Ind/2024 2015-16 23.07.2024 CIT(A)- Penalty- JCIT(OSD)- Penalty u/s 3, order dated Central-I, 271AAB Bhopal 22.03.2019 Bhopal 15 615/Ind/2024 2010-11 23.07.2024 CIT(A)- Penalty- JCIT, Central Penalty u/s to To To 3, order dated Range, Bhopal 271D & 25 625/Ind/2024 2015-16 Bhopal 28.02.2018 271E 2. Since these appeals relates

OM SHANTI MOTORS,BHOPAL vs. ACIT CENTRAL-1, BHOPAL, AAYAKAR BHAWAN, HOSHANGABAD ROAD, ARERA HILLS, BHOPAL - (FRONT OF MAILDA MILL)

Appeals are allowed for statistical purpose

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiit(Ss)A Nos.73 To 79/Ind/2024 (Ays: 2009-10 To 2015-16) &

271(1)(c) Bhopal 22.03.2019 Bhopal 14 614/Ind/2024 2015-16 23.07.2024 CIT(A)- Penalty- JCIT(OSD)- Penalty u/s 3, order dated Central-I, 271AAB Bhopal 22.03.2019 Bhopal 15 615/Ind/2024 2010-11 23.07.2024 CIT(A)- Penalty- JCIT, Central Penalty u/s to To To 3, order dated Range, Bhopal 271D & 25 625/Ind/2024 2015-16 Bhopal 28.02.2018 271E 2. Since these appeals relates

OM SHANTI MOTORS,BHOPAL vs. ACIT CENTRAL-1, BHOPAL, AAYAKAR BHAWAN, HOSHANGABAD ROAD, ARERA HILLS, BHOPAL - (FRONT OF MAILDA MILL)

Appeals are allowed for statistical purpose

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiit(Ss)A Nos.73 To 79/Ind/2024 (Ays: 2009-10 To 2015-16) &

271(1)(c) Bhopal 22.03.2019 Bhopal 14 614/Ind/2024 2015-16 23.07.2024 CIT(A)- Penalty- JCIT(OSD)- Penalty u/s 3, order dated Central-I, 271AAB Bhopal 22.03.2019 Bhopal 15 615/Ind/2024 2010-11 23.07.2024 CIT(A)- Penalty- JCIT, Central Penalty u/s to To To 3, order dated Range, Bhopal 271D & 25 625/Ind/2024 2015-16 Bhopal 28.02.2018 271E 2. Since these appeals relates