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

271(1)(c) and section 271AAB so as to paint a picture that the Explanation to section 271AAB was not exhaustively defining the term “Undisclosed income” and thereafter, in next Para No. 4.1.7, went on observing that if the definition of “undisclosed income” is interpretated as exhaustive, the section 271AAB shall be reduced to a nullity and the resulting situation

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

271(1)(c) and section 271AAB so as to paint a picture that the Explanation to section 271AAB was not exhaustively defining the term “Undisclosed income” and thereafter, in next Para No. 4.1.7, went on observing that if the definition of “undisclosed income” is interpretated as exhaustive, the section 271AAB shall be reduced to a nullity and the resulting situation

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

271(1)(c) and section 271AAB so as to paint a picture that the Explanation to section 271AAB was not exhaustively defining the term “Undisclosed income” and thereafter, in next Para No. 4.1.7, went on observing that if the definition of “undisclosed income” is interpretated as exhaustive, the section 271AAB shall be reduced to a nullity and the resulting situation

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

271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1). (3) The provisions of sections 274 and 275 shall, as far as may be, apply in relation to the penalty referred to in this section. Explanation.—For the purposes of this section,— (a) "specified date" means the due date of furnishing

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:

5. Per contra Ld. counsel for the assessee heavily relied on the finding of ld. CIT(A). Reference was also made to the paper book running from pages 1 to 72. It was also contended that show cause notice issued on 29.11.2017 u/s 274 r.w.s. 271(1)(c) of the Act is defective and thus in view of the ratio

SANJAY KUMAR AGRAWAL,BURHANPUR vs. JOINT COMMISSIONER OF INCOME TAX (OSD) CENTRAL-1, INDORE

139(1) or by such notice.\n* have without reasonable cause failed to comply with a notice under-section\n22(4)/23(2) of the Indian Income Tax Act, 1922, or under section 142(1)/143(2) of the Income\nTax Act, 1961, No.\ndated\nhave concealed the particulars of your income or furnished inaccurate particulars of such\nincome,\nYou

RADHESHYAM AGARWAL,BHOPAL vs. THE PCIT, CENTRAL, BHOPAL , BHOPAL

u/s India pharmaceuticals\nreported in [1980]123ITR 874[MP] & laid emphasis on\nfollowing:-\n\"It was contended by learned counsel appearing for the revenue that\nproceedings for assessment under s. 143 of the Act are proceedings\nwhere the ITO had to apply his mind to the circumstances which would\nattract the provisions contained in s. 271

RIYAZ QURESHI ,JHABUA vs. INCOME TAX OFFICER, JHABUA

Appeals are allowed

139(1) or by\nsuch notice.\n*Have without reasonable cause failed to comply with a notice under section\n22(4)/23(2) of the India Income Tax Act, 1922 or under section 142(1)/143(2) of\nthe Income Tax Act 1961. No.\ndated\n*Have concealed the particulars of your Income or\ninaccurate particulars of such Income.\nfurnished

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

139 on Page 3 of 17 M/s. Rashtriya Takniki Shikshak Prashikshan Evam Anunsandhan Sansthan ITA No. 509/Ind/2025 – AY 2014-15 31.03.2015 declaring a loss of Rs. 5,72,14,721/-. The case of assessee was selected under scrutiny and the AO passed assessment-order dated 04.11.2016 u/s 143(3) accepting the loss declared by assessee. (ii) Subsequently, the assessment-order

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

139 on Page 3 of 17 M/s. Rashtriya Takniki Shikshak Prashikshan Evam Anunsandhan Sansthan ITA No. 509/Ind/2025 – AY 2014-15 31.03.2015 declaring a loss of Rs. 5,72,14,721/-. The case of assessee was selected under scrutiny and the AO passed assessment-order dated 04.11.2016 u/s 143(3) accepting the loss declared by assessee. (ii) Subsequently, the assessment-order

RIYAZ QURESHI ,JHABUA vs. INCOME TAX OFFICER, INCOME TAX

Appeals are allowed

139(1) or by\nsuch notice.\n*Have without reasonable cause failed to comply with a notice under section\n22(4)/23(2) of the India Income Tax Act, 1922 or under section 142(1)/143(2) of\nthe Income Tax Act 1961. No.\ndated\n*Have concealed the particulars of your Income or\nfurnished\ninaccurate particulars of such Income

RVR TECHNOLOGIES LTD.,MANDIDEEP vs. ADDL. CIT-RANGE-3, BHOPAL

In the result, appeal for A

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

139 taxmann.com 562 (SC) f. CIT vs. Eicher Ltd. 294 ITR 310 2.3 Thus, Ld. AR submitted that though in the assessment order u/s. 143(3), the Id.AO did not discuss the said matter however, that would not permit the AO to review the order. In CIT vs Eicher Ltd. 294 ITR 310 (Del.), it was held that even

RVR TECHNOLOGIES LTD.,MANDIDEEP vs. ACIT-3(1), BHOPAL

In the result, appeal for A

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

139 taxmann.com 562 (SC) f. CIT vs. Eicher Ltd. 294 ITR 310 2.3 Thus, Ld. AR submitted that though in the assessment order u/s. 143(3), the Id.AO did not discuss the said matter however, that would not permit the AO to review the order. In CIT vs Eicher Ltd. 294 ITR 310 (Del.), it was held that even

RVR TECHNOLOGIES LTD.,MANDIDEEP vs. ITO-2(1), BHOPAL

In the result, appeal for A

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

139 taxmann.com 562 (SC) f. CIT vs. Eicher Ltd. 294 ITR 310 2.3 Thus, Ld. AR submitted that though in the assessment order u/s. 143(3), the Id.AO did not discuss the said matter however, that would not permit the AO to review the order. In CIT vs Eicher Ltd. 294 ITR 310 (Del.), it was held that even

RIYAZ QURESHI ,JHABUA vs. INCOME TAX OFFICER, JHABUA

Appeals are allowed

139(1) or by\nsuch notice.\n*Have without reasonable cause failed to comply with a notice under section\n22(4)/23(2) of the India Income Tax Act, 1922 or under section 142(1)/143(2) of\nthe Income Tax Act 1961. No.\ndated\n*Have concealed the particulars of your Income or\ninaccurate particulars of such Income.\nfurnished

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

139 on 31.10.2013 declaring a total income of Rs. 44,42,012/- consisting of income from business and long-term capital gain from sale of land & godown [“impugned property”]. The assessee calculated the sale consideration of impugned property at Rs. 30,05,000/- and offered taxable long-term capital gain of Rs. 24,46,661/- after deduction of cost

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

Section 271(1)(c) of the Act. In the case of the assessee, if the self-assessment tax paid prior to notice issued u/s 148 is taken into consideration then there is no amount remains as tax sought to be evaded and consequently, no penalty is leviable u/s 271(1)(c) of the Income-tax Act, 1961. The Ld. Authorized

SANJAY KUMAR AGRAWAL,BURHANUPUR vs. JOINT COMMISIIONER OF INCOME TAX -OSD, CENTRAL-1, INDORE , INDORE

139(1) or by such notice.\n* have without reasonable cause failed to comply with a notice under-section\n22(4)/23(2) of the Indian Income Tax Act, 1922, or under section 142(1)/143(2) of the Income\nTax Act, 1961, No.\ndated\n* have concealed the particulars of your income or furnished inaccurate particulars of such\nincome