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 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

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 & 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

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

Appeal is allowed

Bench: Shri B.M. Biyani & Shri Paresh M Joshishri Vimal Todi, Additional Commissioner बनाम/ 501, Darshan Residency, Of Income-Tax, Vs. 104-105, Anand Bazar, Indore Indore

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

THE ACIT -4(1), INDORE vs. SHRI MUKESH SANGLA, INDORE

Appeal is dismissed

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year:2010-11 Acit-4(1), Shri Mukesh Sangla, Indore बनाम/ Indore (Appellant) (Respondent ) Vs. P.A. No.Anaps5579F

penalty u/s 271(1)(c) of Rs. 3,77,60,000/- levied by the AO on the additional income offered by the assessee in the return filed u/s 153A by invoking the deeming provision of Explanation 5A to section 271(1)(c). We find that after the search, the assessee prepared a cash flow statement and offered additional income

M/S KEVAL ( INDIA ) LTD,INDORE vs. DCIT-R-1 (1) , INDORE

In the result both the appeals of the assessee ITA No

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

section 43(5) but the test is settlement of the transaction entered into by the assessee or on his Keval (India) Ltd ITA No.652 & 653/Ind/2017 behalf otherwise shown by actual delivery of the commodity." It it a case of difference of opinion only. It is settled law that in case were an issue is debatable, penalty u/s. 271

M/S KEVAL (INDIA) LTD,INDORE vs. DCIT-R 1(1) , INDORE

In the result both the appeals of the assessee ITA No

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

section 43(5) but the test is settlement of the transaction entered into by the assessee or on his Keval (India) Ltd ITA No.652 & 653/Ind/2017 behalf otherwise shown by actual delivery of the commodity." It it a case of difference of opinion only. It is settled law that in case were an issue is debatable, penalty u/s. 271

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

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

M/S. FORTUNE BUILDERS,BHOPAL vs. THE ACIT CENTRAL -II, BHOPAL

In the result all the three appeals of the assessee are allowed

Bench: Shri Kul Bharat & Shri Manish Borad

42,241/- and Rs.23,04,302/- respectively. 9. Though the assessee has taken the additional ground challenging the legality of the notice issued u/s 274 r.w.s. 271(1)(c) of the Act but we would like to first deal with the merits of the case Fortune Builders ITA No.82 to 84/Ind/2017 about the justification of levying the penalty u/s 271

M/S. FORTUNE BUILDERS,BHOPAL vs. THE ACIT CENTRAL -II, BHOPAL

In the result all the three appeals of the assessee are allowed

Bench: Shri Kul Bharat & Shri Manish Borad

42,241/- and Rs.23,04,302/- respectively. 9. Though the assessee has taken the additional ground challenging the legality of the notice issued u/s 274 r.w.s. 271(1)(c) of the Act but we would like to first deal with the merits of the case Fortune Builders ITA No.82 to 84/Ind/2017 about the justification of levying the penalty u/s 271

M/S. FORTUNE BUILDERS,BHOPAL vs. THE ACIT CENTRAL -II, BHOPAL

In the result all the three appeals of the assessee are allowed

Bench: Shri Kul Bharat & Shri Manish Borad

42,241/- and Rs.23,04,302/- respectively. 9. Though the assessee has taken the additional ground challenging the legality of the notice issued u/s 274 r.w.s. 271(1)(c) of the Act but we would like to first deal with the merits of the case Fortune Builders ITA No.82 to 84/Ind/2017 about the justification of levying the penalty u/s 271

LATE SMT. SUDESH CHAWLA L/H SHRI PREM CHAWLA,BHOPAL vs. THE ACIT 1(2), BHOPAL

In the result appeal of the assessee for Assessment Years

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradit(Ss)A Nos. 158 To 163/Ind/2015 Assessment Years 2000-01 To 2005-06 & Assessment Year-2006-07

Section assessee Year order of order of under CIT(A)_1 ACIT-1(2) which passed Late Smt. 2000-01 to 30.03.2015 19.03.2013 153C Sudesh 2005-06 r.w.s. Chawla and 143(3) 2006-07 143(3) Prem Chawla 2000-01 to 30.03.2015 19.03.2013 153C 2005-06 r.w.s. and 143(3) 2006-07 143(3) Smt. Sarita

SMT. SARITA CHAWLA,BHOPAL vs. THE ACIT 1(2), BHOPAL

In the result appeal of the assessee for Assessment Years

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradit(Ss)A Nos. 158 To 163/Ind/2015 Assessment Years 2000-01 To 2005-06 & Assessment Year-2006-07

Section assessee Year order of order of under CIT(A)_1 ACIT-1(2) which passed Late Smt. 2000-01 to 30.03.2015 19.03.2013 153C Sudesh 2005-06 r.w.s. Chawla and 143(3) 2006-07 143(3) Prem Chawla 2000-01 to 30.03.2015 19.03.2013 153C 2005-06 r.w.s. and 143(3) 2006-07 143(3) Smt. Sarita

THE DCIT, 1(1), BHOPAL vs. SMT. SUDESH CHAWLA, BHOPAL

In the result appeal of the assessee for Assessment Years

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradit(Ss)A Nos. 158 To 163/Ind/2015 Assessment Years 2000-01 To 2005-06 & Assessment Year-2006-07

Section assessee Year order of order of under CIT(A)_1 ACIT-1(2) which passed Late Smt. 2000-01 to 30.03.2015 19.03.2013 153C Sudesh 2005-06 r.w.s. Chawla and 143(3) 2006-07 143(3) Prem Chawla 2000-01 to 30.03.2015 19.03.2013 153C 2005-06 r.w.s. and 143(3) 2006-07 143(3) Smt. Sarita