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

VIMAL TODI,INDORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX, INDORE

Appeals are allowed

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

271(1)(c) is reckoned from the date of the assessment order dated 6.11.2007, the penalty order passed by the Joint Commissioner on 29.7.2008 is beyond the time permitted in the above section. As we have already held, the initiation of the penalty proceedings is not by the Assessing Officer but by the Joint Commissioner and if that

VIMAL TODI,INDORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX, INDORE

Appeals are allowed

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

271(1)(c) is reckoned from the date of the assessment order dated 6.11.2007, the penalty order passed by the Joint Commissioner on 29.7.2008 is beyond the time permitted in the above section. As we have already held, the initiation of the penalty proceedings is not by the Assessing Officer but by the Joint Commissioner and if that

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 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1) 52[or sub-section (1A)]. Page 19 of 40 Mukesh Kumar Ranka & Anju Jain L/H of Late Sushil Jain, Indore ITA Nos.97 & 98/Ind/2024 and 104 & 103/ Ind/2024 - AYs. 2017-18 & 2018-19 (3) The provisions of sections 274 and 275 shall

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 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1) 52[or sub-section (1A)]. Page 19 of 40 Mukesh Kumar Ranka & Anju Jain L/H of Late Sushil Jain, Indore ITA Nos.97 & 98/Ind/2024 and 104 & 103/ Ind/2024 - AYs. 2017-18 & 2018-19 (3) The provisions of sections 274 and 275 shall

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 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1) 52[or sub-section (1A)]. Page 19 of 40 Mukesh Kumar Ranka & Anju Jain L/H of Late Sushil Jain, Indore ITA Nos.97 & 98/Ind/2024 and 104 & 103/ Ind/2024 - AYs. 2017-18 & 2018-19 (3) The provisions of sections 274 and 275 shall

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 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1) 52[or sub-section (1A)]. Page 19 of 40 Mukesh Kumar Ranka & Anju Jain L/H of Late Sushil Jain, Indore ITA Nos.97 & 98/Ind/2024 and 104 & 103/ Ind/2024 - AYs. 2017-18 & 2018-19 (3) The provisions of sections 274 and 275 shall

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

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

275 shall apply in relation to penalty referred to in this section which implies that the assessing officer is bound to issue a notice under section 274 of the Income-Tax Act, 1961 and provide a reasonable opportunity of being heard to the assessee before passing any order imposing penalty. 1.2.2] The opportunity of being heard that ought

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

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

275 shall apply in relation to penalty referred to in this section which implies that the assessing officer is bound to issue a notice under section 274 of the Income-Tax Act, 1961 and provide a reasonable opportunity of being heard to the assessee before passing any order imposing penalty. 1.2.2] The opportunity of being heard that ought

SHRI AMIT TIWARI,INDORE vs. THE DCIT (CENTRAL)-2, INDORE

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year:2015-16

u/s 292BB of the Act. Therefore, we hereby quash the penalty order.” [Emphasis Supplied] 1.4.4] The Hon’ble ITAT Chennai Bench in the case of DCIT Vs. Shri R. Elangovan [ITA No. 1199/CHNY/2017] has categorically held that: “5…………..It is clear from the Sub Section (3) of Section 271 AAB that Sections 274 and Section 275 of the Act shall

M/S. PANJWANI PACKAGING P. LTD.,INDORE vs. THE ACIT 3(1), INDORE

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

section 271(1)(c) would not mention the specific requirement of law. Assessee should know the specific ground on which he has been charged otherwise opportunities of natural justice denied. On the basis of such proceedings no penalty could be imposed to the assessee. Taking up the penalty proceedings on one limb and finding the assesssee in another limb

M/S. PANJWANI PACKAGING P. LTD.,INDORE vs. THE ACIT 3(1), INDORE

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

section 271(1)(c) would not mention the specific requirement of law. Assessee should know the specific ground on which he has been charged otherwise opportunities of natural justice denied. On the basis of such proceedings no penalty could be imposed to the assessee. Taking up the penalty proceedings on one limb and finding the assesssee in another limb

M/S. PANJWANI PACKAGING P. LTD.,INDORE vs. THE ACIT 3(1), INDORE

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

section 271(1)(c) would not mention the specific requirement of law. Assessee should know the specific ground on which he has been charged otherwise opportunities of natural justice denied. On the basis of such proceedings no penalty could be imposed to the assessee. Taking up the penalty proceedings on one limb and finding the assesssee in another limb

M/S. PANJWANI PACKAGING P. LTD.,INDORE vs. THE ACIT 3(1), INDORE

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

section 271(1)(c) would not mention the specific requirement of law. Assessee should know the specific ground on which he has been charged otherwise opportunities of natural justice denied. On the basis of such proceedings no penalty could be imposed to the assessee. Taking up the penalty proceedings on one limb and finding the assesssee in another limb

M/S. PANJWANI PACKAGING P. LTD.,INDORE vs. THE ACIT 3(1), INDORE

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

section 271(1)(c) would not mention the specific requirement of law. Assessee should know the specific ground on which he has been charged otherwise opportunities of natural justice denied. On the basis of such proceedings no penalty could be imposed to the assessee. Taking up the penalty proceedings on one limb and finding the assesssee in another limb

M/S. PANJWANI PACKAGING P. LTD.,INDORE vs. THE ACIT 3(1), INDORE

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

section 271(1)(c) would not mention the specific requirement of law. Assessee should know the specific ground on which he has been charged otherwise opportunities of natural justice denied. On the basis of such proceedings no penalty could be imposed to the assessee. Taking up the penalty proceedings on one limb and finding the assesssee in another limb

M/S. PUMARTH PROPERTIES & HOLDINGS PVT. LTD.,INDORE vs. THE ACIT (CENTRAL) I, INDORE

In the result appeal of the assessee is allowed

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2012-13 M/S. Pumarth Properties & Acit(Central)-1, Holdings Pvt. Ltd, Vs. Indore 5/5A, Navratan Bagh, Near Geeta Bhawan Square, Indore (Appellant) (Respondent ) Pan No.Aaccp0838Q Revenue By Smt. Ashima Gupta, Cit Assessee By S/Shri Sumit Nema, Sr.Adv & Gagan Tiwari, Adv. Date Of Hearing 07.03.2019 Date Of Pronouncement 14.03.2019

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

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

c) of sub-section (1) of section 271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1). (4) The provisions of sections 274 and 275 shall, so far as may be, apply in relation to the penalty referred to in this section. Explanation.—For the purposes of this section,— (a) "undisclosed