SRK DEV BUILD PVT LTD.,INDORE vs. DCIT/ACIT 5(1), INDORE

Appeal is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2016-17 Srk Dev Build Pvt. Ltd, Dcit/Acit-5(1) 18/2, Lasudia Mori, Indore बनाम/ A.B. Road, Vs. Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Aaqcs3387P Assessee By Shri Pranay Goyal & S.N. Goyal, Cas Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 15.04.2024 Date Of Pronouncement 20.06.2024

iii) disallowance of interest u/s 37(1) of Rs. 90,33,182/-. The AO also initiated penalty proceedings u/s 271(1)(c) qua these disallowances and issued show-cause notice dated 26.12.2018 u/s 274 r.w.s. 271(1)(c) on the footing that the assessee has ‘furnished inaccurate particulars of income’. In response, the assessee furnished reply on 18.06.2019. After considering

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

6) states that underreported income would not include the amount of undisclosed income referred to in section 271AAB. (ii) Section 271(1)(c) deals with the imposition of penalty in cases where the assessee has concealed the particulars of his income or furnished inaccurate particulars of such income. The provisions of this section further elaborate on what it means

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

6) states that underreported income would not include the amount of undisclosed income referred to in section 271AAB. (ii) Section 271(1)(c) deals with the imposition of penalty in cases where the assessee has concealed the particulars of his income or furnished inaccurate particulars of such income. The provisions of this section further elaborate on what it means

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

6) states that underreported income would not include the amount of undisclosed income referred to in section 271AAB. (ii) Section 271(1)(c) deals with the imposition of penalty in cases where the assessee has concealed the particulars of his income or furnished inaccurate particulars of such income. The provisions of this section further elaborate on what it means

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

6) states that underreported income would not include the amount of undisclosed income referred to in section 271AAB. (ii) Section 271(1)(c) deals with the imposition of penalty in cases where the assessee has concealed the particulars of his income or furnished inaccurate particulars of such income. The provisions of this section further elaborate on what it means

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

III, Bhopal dated 15.10.2020 which is arising out of the order passed u/s 271(1)(c) dated 31.03.2018 by JCIT Central Cirle-1, Indore. The Revenue has raised the following grounds: - 1. The Ld. CIT(A) was not justified in deleting the addition of Rs. 3,77,54,812/- made on account of levying of penalty u/s 271(1

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

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

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-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

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

THE DCIT (CENTRAL), INDORE vs. M/S KETI CONSTRUCTION (INDIA) 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

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

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

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

u/s. 271AAA for the AYs under consideration in the case of respective assessees.” [Emphasis Supplied] 2.5.1] Further, in the facts of the present case, legitimate amount of tax due on additional income had been paid well before the conclusion of the assessment as well as penalty proceedings. 2.5.2] The provision of sub-section (2) of section 271AAA of the Income

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

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

u/s. 271AAA for the AYs under consideration in the case of respective assessees.” [Emphasis Supplied] 2.5.1] Further, in the facts of the present case, legitimate amount of tax due on additional income had been paid well before the conclusion of the assessment as well as penalty proceedings. 2.5.2] The provision of sub-section (2) of section 271AAA of the Income

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

DR. BRAJBALA TIWARI,INDORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL -1, INDORE

In the result the legal ground of the assessee in for years

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

section 271 (1 )(c) thereon. (2) 0n the facts and in the circumstances of the case Ld. CIT (A) III erred in heavily relying on the seized document BS-16 though not pertaining to relevant assessment year while confirming penalty levied U/S 271 (1) (c) in view of the fact that [earned A.O. did not consider BS - 16 in penalty

DR. BRAJBALA TIWARI,INDORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL -1, INDORE

In the result the legal ground of the assessee in for years

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

section 271 (1 )(c) thereon. (2) 0n the facts and in the circumstances of the case Ld. CIT (A) III erred in heavily relying on the seized document BS-16 though not pertaining to relevant assessment year while confirming penalty levied U/S 271 (1) (c) in view of the fact that [earned A.O. did not consider BS - 16 in penalty

ASHRAF KHAN,INDORE vs. INCOME TAX OFFICER 2 (2), INDORE

In the result Ground No.1 & 2 of the assessee are allowed

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2011-12

III (in short ‘CIT(A)’), Indore dated 26.04.2018 which is arising out of the order u/s 271(1)(c) of the Income Tax Act 1961(In short the ‘Act’) dated 05.06.2014 framed by ITO-2(2), Indore. 2. The assessee has raised following grounds of appeal; Ashraf Kahn 1. That the learned CIT(A) has erred in confirming penalty u/s

SHRI AKHILESH KUMAR GUPTA ,BHOPAL vs. INCOME TAX OFFICER 1 (2), BHOPAL

In the result appeal of the assessee pertaining to Assessment

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Years 2007-08 Shri Akhilesh Kumar Ito-1(2), Gupta, Bhopal Plot No.162, Shop G, Ashirvad Complex, Zone-!, M.P. Nagar, Bhopal (Appellant) (Respondent ) Pan No.Aenpg0415N Revenue By Shri K.C. Selvamani, Sr.Dr Assessee By Shri S.S. Solanki, Ca Date Of Hearing 07.01.2019 Date Of Pronouncement 10.01.2019 O R D E R

6. He submitted that it is a settled law that blanket penalty proceedings so initiated are bad in law and the notice so issued require to quashed. The AO while passing the order u/s 271(I)(c) also imposed penalty by holding as under:- "In these circumstances, I am satisfied that the assessee has furnished inaccurate particulars/concealed particulars