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11 results for “penalty u/s 271”+ Section 145(2)clear

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Key Topics

Section 115B10Addition to Income10Section 143(3)7Section 153A7Section 69B5Section 2534Section 1484Section 1324Section 142(1)

PRAMOD KUMAR GUPTA,BHOPAL vs. DCIT CIRCLE 5 (1)- BHOPAL, BHOPAL

In the result appeal of the assessee is allowed, penalty is\ndeleted

ITA 690/IND/2025[2010-11]Status: DisposedITAT Indore16 Jan 2026AY 2010-11
Section 145Section 145(3)Section 246ASection 250Section 253Section 271(1)(c)

145(3) of the Act on ground that the\nappellant did not comply with the notices issued during the\nassessment proceedings which was necessary to verify the\ncorrectness of book result, Non furnishing of the details called for\nthat too deliberately and with consciously is nothing but an\nattempt to avoid further investigation by the department and\nthereby conceal

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

4
Survey u/s 133A2
ITA 417/IND/2025[2018-19]Status: DisposedITAT Indore16 Jan 2026AY 2018-19
Section 133ASection 143(2)Section 147Section 148Section 148ASection 253Section 263

271(a)(b)(c)(d).\nUnder section 271AAC(1) an obligation is casted where\nincome determined includes any income referred to in\nsection 68,69,69A,69B, 69C, 69D to pay penalty is addition\nto tax payable u/s 115BBE. While the actual proceeding\nu/s 271AAC(1) later on may be separate & independent but\nwhile determining such income

THE DCIT, (EXEMPTION) CIRCLE, BHOPAL vs. M/S. MAYANK WELFARE SOCIETY, BHOPAL

In the result, Revenue’s appeal for the AY 2013-14

ITA 232/IND/2017[2013-14]Status: DisposedITAT Indore29 Oct 2021AY 2013-14

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

Section 115BSection 143(3)

penalty proceedings uls 271(1)(c) of the I..T. Act are initiated separately. 11. Per contra ld. Counsel for the assessee vehemently argued referring to the following written submissions:- Mayank Welfare society ITANos.232 & 776/Ind/2018/17 The facts of the case are that the appellant is a society which was established on 04.12.1996 basically for development of downtrodden/poor people of society

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION) CIRCLE BHOPAL, BHOPAL vs. MAYANK WELFARE SOCIETY, INDORE

In the result, Revenue’s appeal for the AY 2013-14

ITA 776/IND/2018[2015-16]Status: DisposedITAT Indore29 Oct 2021AY 2015-16

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

Section 115BSection 143(3)

penalty proceedings uls 271(1)(c) of the I..T. Act are initiated separately. 11. Per contra ld. Counsel for the assessee vehemently argued referring to the following written submissions:- Mayank Welfare society ITANos.232 & 776/Ind/2018/17 The facts of the case are that the appellant is a society which was established on 04.12.1996 basically for development of downtrodden/poor people of society

THE DCIT, 2(1), INDORE vs. SHRI OMPRAKASH DHANWANI, INDORE

ITA 339/IND/2017[2012-13]Status: DisposedITAT Indore06 Nov 2023AY 2012-13

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

Section 132Section 143(3)Section 153A

penalty proceedings u/s 271(1)(c) initiated separately. Addition : Rs. 2,96,44,454/-.” Thus, for the AY 2012-13, the AO made addition of Rs. 51,20,79,310/- in gold business and Rs. 2,96,44,454/- in silver business. With identical observations, the AO also made additions of varying amounts

THE DCIT, 2(1), INDORE vs. SHRI OMPRAKASH DHANWANI, INDORE

ITA 439/IND/2018[2013-14]Status: DisposedITAT Indore06 Nov 2023AY 2013-14

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

Section 132Section 143(3)Section 153A

penalty proceedings u/s 271(1)(c) initiated separately. Addition : Rs. 2,96,44,454/-.” Thus, for the AY 2012-13, the AO made addition of Rs. 51,20,79,310/- in gold business and Rs. 2,96,44,454/- in silver business. With identical observations, the AO also made additions of varying amounts

THE DCIT, 2(1), INDORE vs. SHRI OMPRAKASH DHANWANI, INDORE

ITA 440/IND/2018[2014-15]Status: DisposedITAT Indore06 Nov 2023AY 2014-15

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

Section 132Section 143(3)Section 153A

penalty proceedings u/s 271(1)(c) initiated separately. Addition : Rs. 2,96,44,454/-.” Thus, for the AY 2012-13, the AO made addition of Rs. 51,20,79,310/- in gold business and Rs. 2,96,44,454/- in silver business. With identical observations, the AO also made additions of varying amounts

ACIT-1(1), INDORE vs. KRITI NUTRIENTS LIMITED, INDORE

The appeal of the Revenue is allowed for statistical\npurposes

ITA 780/IND/2024[2021-22]Status: DisposedITAT Indore09 Jan 2026AY 2021-22
Section 246ASection 250Section 253

145(2) could not be\ninvoked,".\nCIT vs. Anand Kumar\nModi (2015) 2 ITJ\nOnline 668\n(Jharkhand)\nHeld that “addition made after rejecting books\nmaintained by assessee should be deleted when\nall quantitative details were available in hooks\nof account and account and accounts were regularly\nmaintained”.\nPr. Commissioner of\nIncome tax vs. Forum\nSales Pvt. Ltd (2024)\n468

THE ACIT CENTRAL-2, BHOPAL vs. SOUMYA HOMES P LTD , BHOPAL

In the result, appeal of the revenue is dismissed

ITA 70/IND/2022[2014-15]Status: DisposedITAT Indore04 Aug 2023AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniacit (Central)-2 Soumya Homes Pvt. Ltd. T-4 City Centre, Zone-1 Bhopal Vs. M.P. Nagar Bhopal (Appellant / Revenue) (Respondent/ Assessee) Pan: Aafcs 3503 C Revenue By Shri Ashish Porwal, Sr. Dr Respondent By Shri Ashish Goyal Ar Date Of Hearing 08.06.2023 Date Of Pronouncement 04 .08.2023

Section 132Section 143(3)Section 153A

section u/s 143(3) for A.Y.2007-08 to 2013- 14 and based on the said composite assessment order for the block of six years the AO extra-polated the amount of suppressed sale in the same ratio as it was taken while passing the assessment order u/s 153A of the Act. The relevant part of the assessment order is as under

RAJESH KUMAR SAXENA,PACHORE RAJGARH vs. ITO RAJGARH, RAJGARJ MP

Appeal of the assesse is allowed for statistical\npurpose

ITA 327/IND/2025[2009-10]Status: DisposedITAT Indore21 Nov 2025AY 2009-10
Section 133Section 142(1)Section 144Section 148Section 246ASection 250Section 253

penalty order u/s 271(1)(c) of the Act was\npassed on or about 26.03.2025 and the Income Tax\nDepartment employee approached the assessee for deposit\nof demand then only the assessee came to know about the\nex-parte passing of order of Ld. CIT(A). It is only thereafter\nimmediately with the help of old counsel the present appeal

M/S SUPREMO INDIA LTD ,INDORE vs. THE AIT CENTRAL 3, INDORE

In the result, appeal of assessee is allowed

ITA 29/IND/2023[2019-20]Status: DisposedITAT Indore07 Jun 2023AY 2019-20

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S. Supremo India Pvt. Ltd. Acit Central-3 400/2, Halka Patwari No.52 Indore Vs. Badiakeema Dudhiya, B.O. Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aafcs 9822 C Assessee By Shri S.S. Solanki, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 01.05.2023 Date Of Pronouncement 07.06.2023

Section 115BSection 131(1)Section 133ASection 69ASection 69B

145/- in form of excess stock, Rs. 52,86,831/-in form of sales and not recorded in its regular books of accounts and without supporting documentary evidences as detected at the time of survey u/s 133A is treated as deemed income u/s 69B/69A of the I.T.Act, 1961 and to be taxed as per provisions of secretion 115BBE