THE DCIT-CENTRAL-2, INDORE vs. M/S. KALYAN TOLL INFRASTRUCTURE LTD., INDORE

In the result all the grounds raised by Revenue in the case of

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Boradassessment Year 2010-11

5 & 6 of the penalty order. As per the provisions of section 271(1)(c) of the Act, there are two different charges i.e. the concealment of particulars of income or furnishing of inaccurate particulars of income. Penalty can be imposed for a specific charge. In view of the decision of Honourable Supreme Court in the case of T. Ashok

M/S KETI SANGAM INFRASTRUCTURE (I) LTD.,INDORE vs. THE DCIT (CENTRAL), INDORE

In the result, all the 12 appeals filed at the instance of

Bench: Shri Kul Bharat & Shri Manish Borad

139 in response to the notice issued u/s 153A. That on the facts and in the circumstances of the case and in law the penalty levied is uncalled for and bad in law and it is prayed that the penalty may very kindly be deleted. (ii) That, the learned CIT(A) erred in upholding the penalty levied u/s 271

M/S SHREE COAL ENTERPRISES (I) PVT. LTD.,BHOPAL vs. THE ACIT 3(1), BHOPAL

In the result, all the 12 appeals filed at the instance of

Bench: Shri Kul Bharat & Shri Manish Borad

139 in response to the notice issued u/s 153A. That on the facts and in the circumstances of the case and in law the penalty levied is uncalled for and bad in law and it is prayed that the penalty may very kindly be deleted. (ii) That, the learned CIT(A) erred in upholding the penalty levied u/s 271

M/S KETI SANGHAM INFRASTRUTURE (I) LIMITED,INDORE vs. DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL), INDORE

In the result, all the 12 appeals filed at the instance of

Bench: Shri Kul Bharat & Shri Manish Borad

139 in response to the notice issued u/s 153A. That on the facts and in the circumstances of the case and in law the penalty levied is uncalled for and bad in law and it is prayed that the penalty may very kindly be deleted. (ii) That, the learned CIT(A) erred in upholding the penalty levied u/s 271

SHRI PANKAJ KALANI,INDORE vs. THE JCIT, OSD (CENTRAL)-1, INDORE

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year:2012-13

139(1) of the Act on 30.09.2012 declaring total income of Rs.69,56,681/- including the voluntarily disclosed income u/s 132(4) amounting to Rs.62,50,000/- assessment order was passed on 12.03.2014. A notice u/s 274 r.w.s 271AAA of the Act was issued on 12.03.2014 initiating penalty proceedings u/s 271AAA of the Act. In response thereto, the assessee stated

SHRI DIPAK KALANI,INDORE vs. THE JCIT,OSD, (CENTRAL)-1, INDORE

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year:2012-13

139(1) of the Act on 30.09.2012 declaring total income of Rs.69,56,681/- including the voluntarily disclosed income u/s 132(4) amounting to Rs.62,50,000/- assessment order was passed on 12.03.2014. A notice u/s 274 r.w.s 271AAA of the Act was issued on 12.03.2014 initiating penalty proceedings u/s 271AAA of the Act. In response thereto, the assessee stated

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

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

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

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

M/S INDUSTRIAL FILTERS & FABRICS PRIVATE LIMITED,INDORE vs. THE ACIT-2(1), INDORE

In the result, the appeals filed by the assessee

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

u/s 68. The assessment and additions therein was completely based on the findings of the fact. The para 5.3 of the Ld CIT(A) order while confirming the penalty reads as under: 18." The above observations strengthen the case for levy of penalty as it has been brought in the assessment order as well as the penalty order that

M/S INDUSTRIAL FILTERS & FABRICS PVT.LTD.,INDORE vs. THE JCIT, R-5 (PRESENT AO: DCIT 2(1), INDORE

In the result, the appeals filed by the assessee

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

u/s 68. The assessment and additions therein was completely based on the findings of the fact. The para 5.3 of the Ld CIT(A) order while confirming the penalty reads as under: 18." The above observations strengthen the case for levy of penalty as it has been brought in the assessment order as well as the penalty order that

M/S INDUSTRIAL FILTERS & FABRICS PRIVATE LIMITED,INDORE vs. THE ACIT 2(1), INDORE

In the result, the appeals filed by the assessee

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

u/s 68. The assessment and additions therein was completely based on the findings of the fact. The para 5.3 of the Ld CIT(A) order while confirming the penalty reads as under: 18." The above observations strengthen the case for levy of penalty as it has been brought in the assessment order as well as the penalty order that

M/S INDUSTRIAL FILTERS AND FABRICS PVT. LTD.,INDORE vs. THE ACIT 5(1), INDORE

In the result, the appeals filed by the assessee

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

u/s 68. The assessment and additions therein was completely based on the findings of the fact. The para 5.3 of the Ld CIT(A) order while confirming the penalty reads as under: 18." The above observations strengthen the case for levy of penalty as it has been brought in the assessment order as well as the penalty order that

M/S INDUSTRIAL FILTERS & FABRICS PRIVATE LIMITED,INDORE vs. THE ACIT 2(1), INDORE

In the result, the appeals filed by the assessee

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

u/s 68. The assessment and additions therein was completely based on the findings of the fact. The para 5.3 of the Ld CIT(A) order while confirming the penalty reads as under: 18." The above observations strengthen the case for levy of penalty as it has been brought in the assessment order as well as the penalty order that

M/S INDUSTRIAL FILTERS & FABRICS PRIVATE LIMITED,INDORE vs. THE ACIT 2(1), INDORE

In the result, the appeals filed by the assessee

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

u/s 68. The assessment and additions therein was completely based on the findings of the fact. The para 5.3 of the Ld CIT(A) order while confirming the penalty reads as under: 18." The above observations strengthen the case for levy of penalty as it has been brought in the assessment order as well as the penalty order that

M/S INDUSTRIAL FILTERS AND FABRICS PVT. LTD.,INDORE vs. THE ADDL. CIT- RANGE-5, INDORE

In the result, the appeals filed by the assessee

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

u/s 68. The assessment and additions therein was completely based on the findings of the fact. The para 5.3 of the Ld CIT(A) order while confirming the penalty reads as under: 18." The above observations strengthen the case for levy of penalty as it has been brought in the assessment order as well as the penalty order that

SHRI KULWANT SINGH BHATIA,INDORE vs. THE ADDL. CIT, RANGE-3, INDORE

In the result, all the ix appeals as mentioned above are

Bench: Shri C.M.Garg & Shri O.P.Meenaआ /. सं . अ .

139, hence the AO initiated penalty proceedings u/s 271(1) (c) of the Act. The submissions filed by the assessee has been reproduced by the AO in the penalty order. The AO held that after insertion of Explanation 5A of Section 271(1)(c) with effect from 01.06.2007, the legal position is very clear and penalty for concealed income held