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

Section 271(1)(c) was issued without striking either of two charges which is reproduced as : “* have concealed the particulars of your income or …… “furnished inaccurate particulars of income” In this regards it is submitted that the show cause notice is not a mere formality but it has a definite purpose to make the assessee aware of the exact charges

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

Section 271(1)(c) was issued without striking either of two charges which is reproduced as : “* have concealed the particulars of your income or …… “furnished inaccurate particulars of income” In this regards it is submitted that the show cause notice is not a mere formality but it has a definite purpose to make the assessee aware of the exact charges

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

Section 271(1)(c) was issued without striking either of two charges which is reproduced as : “* have concealed the particulars of your income or …… “furnished inaccurate particulars of income” In this regards it is submitted that the show cause notice is not a mere formality but it has a definite purpose to make the assessee aware of the exact charges

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

Section 271(1)(c) was issued without striking either of two charges which is reproduced as : “* have concealed the particulars of your income or …… “furnished inaccurate particulars of income” In this regards it is submitted that the show cause notice is not a mere formality but it has a definite purpose to make the assessee aware of the exact charges

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

Section 271(1)(c) was issued without striking either of two charges which is reproduced as : “* have concealed the particulars of your income or …… “furnished inaccurate particulars of income” In this regards it is submitted that the show cause notice is not a mere formality but it has a definite purpose to make the assessee aware of the exact charges

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

Section 271(1)(c) was issued without striking either of two charges which is reproduced as : “* have concealed the particulars of your income or …… “furnished inaccurate particulars of income” In this regards it is submitted that the show cause notice is not a mere formality but it has a definite purpose to make the assessee aware of the exact charges

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

Section 271(1)(c) was issued without striking either of two charges which is reproduced as : “* have concealed the particulars of your income or …… “furnished inaccurate particulars of income” In this regards it is submitted that the show cause notice is not a mere formality but it has a definite purpose to make the assessee aware of the exact charges

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 143(3). Further, as per Explanation 4(c), when the assessee has already paid self- assessment tax and nothing was outstanding, then penalty u/s 271(1)(c) is not leviable. He has referred to the computation of income and penalty by the AO as well as the demand u/s 156

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

penalty can be levied u/s 271(1)(c). Appellant also cited the following judgments in support of the above claim. i. Cement marketing Co. v/s ACST 124 15 (Hon'ble Supreme Court) ii. CIT vs Reliance petrochemicals 322 ITR 158 iii. CIT vs. SPK Steels 270 ITR 156 (MP) iv. CIT vs. Harshwardhan Chemicals

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

penalty can be levied u/s 271(1)(c). Appellant also cited the following judgments in support of the above claim. i. Cement marketing Co. v/s ACST 124 15 (Hon'ble Supreme Court) ii. CIT vs Reliance petrochemicals 322 ITR 158 iii. CIT vs. SPK Steels 270 ITR 156 (MP) iv. CIT vs. Harshwardhan Chemicals

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

section 271AAA, rather for doing an act inviting penalty u/s 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

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

section 271AAA, rather for doing an act inviting penalty u/s 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

BALKISHAN KOUSHAL ,INDORE vs. INCOME TAX OFFICER, DELHI

Appeals are allowed for statistical

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniay: 2013-14 Shri Balkishan Koshal, Income-Tax Officer, बनाम/ 31, Bhagirathpura, Nfac, Vs. Indore. Delhi (Pan: Bkipk5435L) (Assessee/Appellant) (Revenue/Respondent) Ay: 2013-14 Shri Balkishan Koshal, Income-Tax Officer, बनाम/ 31, Bhagirathpura, Nfac, Vs. Indore. Delhi (Pan: Bkipk5435L) (Assessee/Appellant) (Revenue/Respondent)

271(1)(c) and ultimately passed penalty-order dated 03.02.2022 imposing a penalty of Rs. 4,20,000/- qua the addition of Rs. 14,00,000/-. Aggrieved by both orders, namely assessment-order and penalty-order, the assessee filed two separate appeals to CIT(A) but the CIT(A) noted that the appeals filed by assessee were belated

BALKISHAN KOSHAL ,INDORE vs. INCOME TAX OFFICER, NEW DELHI

Appeals are allowed for statistical

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniay: 2013-14 Shri Balkishan Koshal, Income-Tax Officer, बनाम/ 31, Bhagirathpura, Nfac, Vs. Indore. Delhi (Pan: Bkipk5435L) (Assessee/Appellant) (Revenue/Respondent) Ay: 2013-14 Shri Balkishan Koshal, Income-Tax Officer, बनाम/ 31, Bhagirathpura, Nfac, Vs. Indore. Delhi (Pan: Bkipk5435L) (Assessee/Appellant) (Revenue/Respondent)

271(1)(c) and ultimately passed penalty-order dated 03.02.2022 imposing a penalty of Rs. 4,20,000/- qua the addition of Rs. 14,00,000/-. Aggrieved by both orders, namely assessment-order and penalty-order, the assessee filed two separate appeals to CIT(A) but the CIT(A) noted that the appeals filed by assessee were belated

M/S TRUBA EDUCATION SOCIETY ,BHOPAL vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) BHOPAL, BHOPAL

Bench: Shri B.M. Biyani & Shri Udayan Das Gupta

156/-. This amount was utilised for making payments to various RAs (Remuneration Account Holders) Rs.4.16 crore; Payment to Vice-Chancellor Dr. Ankur Kulkarni Rs.5,46,662/-; Payment to labour Rs.28,26,506/-; Cash Payment of Rs. 50,00,000/-. Thus, the receipts and expenses are not correctly recorded in books of account. Para 5.3 of SCN - The unaccounted fee collected

MOHAN BHAWNANI,INDORE vs. ITO (INTERNATIONAL TAXATION & TRANSFER PRICING), BHOPAL

In the result appeals of the assessee for Assessment Year

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

penalty u/s 271(1)(c ) as the assessment order itself is void-ab-initio (Tax Effect :20,28,200/-) The appellant craves leave to add, amend or modify any of the grounds of appeal. Appeal No.ITA/80/Ind/2019 Assessment Year 2014-15 On the facts and the circumstances of the case:- 1. That the assessment u/s 154 is invalid

MOHAN BHAWNANI,INDORE vs. ITO (INTERNATIONAL TAXATION & TRANSFER PRICING), BHOPAL

In the result appeals of the assessee for Assessment Year

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

penalty u/s 271(1)(c ) as the assessment order itself is void-ab-initio (Tax Effect :20,28,200/-) The appellant craves leave to add, amend or modify any of the grounds of appeal. Appeal No.ITA/80/Ind/2019 Assessment Year 2014-15 On the facts and the circumstances of the case:- 1. That the assessment u/s 154 is invalid

MOHAN BHAWNANI,INDORE vs. ITO (INTERNATIONAL TAXATION & TRANSFER PRICING), BHOPAL

In the result appeals of the assessee for Assessment Year

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

penalty u/s 271(1)(c ) as the assessment order itself is void-ab-initio (Tax Effect :20,28,200/-) The appellant craves leave to add, amend or modify any of the grounds of appeal. Appeal No.ITA/80/Ind/2019 Assessment Year 2014-15 On the facts and the circumstances of the case:- 1. That the assessment u/s 154 is invalid