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(1)(c) and section 271AAB so as to paint a picture that the Explanation to section 271AAB was not exhaustively defining the term “Undisclosed income” and thereafter, in next Para No. 4.1.7, went on observing that if the definition of “undisclosed income” is interpretated as exhaustive, the section 271AAB shall be reduced to a nullity and the resulting situation

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(1)(c) and section 271AAB so as to paint a picture that the Explanation to section 271AAB was not exhaustively defining the term “Undisclosed income” and thereafter, in next Para No. 4.1.7, went on observing that if the definition of “undisclosed income” is interpretated as exhaustive, the section 271AAB shall be reduced to a nullity and the resulting situation

M/S SHREE COAL ENTERPRISES (I) PVT. LTD.,BHOPAL vs. THE ACIT 3(1), BHOPAL

In the result, all the 12 appeals filed at the instance of

Bench: Shri Kul Bharat & Shri Manish Borad

271(1)(c) of the Act, the other grounds raised in these 9 appeals become infructuous. 15. Now we take up the remaining three appeals pertaining to penalty u/s 271AAA of the Act. In these appeals, the following common grounds have been taken by the assessee :- “(i) That, the learned CIT(A) erred in dismissing the appeal filed

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

271(1)(c) of the Act, the other grounds raised in these 9 appeals become infructuous. 15. Now we take up the remaining three appeals pertaining to penalty u/s 271AAA of the Act. In these appeals, the following common grounds have been taken by the assessee :- “(i) That, the learned CIT(A) erred in dismissing the appeal filed

M/S KETI SANGHAM INFRASTRUTURE (I) LIMITED,INDORE vs. DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL), INDORE

In the result, all the 12 appeals filed at the instance of

Bench: Shri Kul Bharat & Shri Manish Borad

271(1)(c) of the Act, the other grounds raised in these 9 appeals become infructuous. 15. Now we take up the remaining three appeals pertaining to penalty u/s 271AAA of the Act. In these appeals, the following common grounds have been taken by the assessee :- “(i) That, the learned CIT(A) erred in dismissing the appeal filed

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

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

3) 7 An income- tax authority on making an order under this Chapter imposing a penalty, unless he is himself the Assessing Officer, shall forthwith send a copy of such order to the Assessing Officer'.] 9. A conjoint reading of both these sections would suggest that where a search has been initiated the AO may direct payment of penalty

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

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

MALA DHIRENDRA SINGH,BHOPAL vs. INCOME TAX OFFICER, WARD 1(4), INDORE

In the result the “Impugned order” is set aside as and by

Bench: Shri B.M. Biyani & Shri Paresh M Joshi

92,490/- relating to share trading. It is submitted that the assessée has not concealed the particulars of her true income during the course of assessment nor Assessee has furnished inaccurate particulars of income. In the penalty order No ITBA/PNL/F/271(1) (c)/2022-23/1045417181(1) Dt. 12/09/2022 the AO has stated at para No. 3 that assessee has not submitted

MALA DHIRENDRA SINGH,BHOPAL vs. INCOME TAX OFFICER WARD 1(4), INDORE

In the result the “Impugned order” is set aside as and by

Bench: Shri B.M. Biyani & Shri Paresh M Joshi

92,490/- relating to share trading. It is submitted that the assessée has not concealed the particulars of her true income during the course of assessment nor Assessee has furnished inaccurate particulars of income. In the penalty order No ITBA/PNL/F/271(1) (c)/2022-23/1045417181(1) Dt. 12/09/2022 the AO has stated at para No. 3 that assessee has not submitted

SHRI SURENDRA SINGH BHATIA,INDORE vs. THE JCIT-3, INDORE

In the result, assessee’s appeal is allowed

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

271 AAA of I. T. Act.” 6. From the bare reading of the reply filed by the assessee, it appears that the assessee sought to justify that the condition stipulated under the ITA No.252/Ind/2017 (Shri Surendra Singh Bhatia vs. JCIT) Asst.Year.– 2008-09 - 6 - provision of sub-Section (2) of Section 271AAA of the Act has been complied with

ACIT-2(1), UJJAIN, UJJAIN vs. M/S RUCHI J OIL PVT. LTD,, MUMBAI

In the result, Revenue’s appeal ITANo

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year: 2014-15

92(D) of the Act to furnish the information and documents to the authority prescribed u/s 286(1). Thus, on plain reading of section 92D there was no requirement to furnish any report in Form 3CEB hence aforesaid notice for levy of penalty for failure to furnish information u/s 92D(4) was itself invalid because said sub-section

DY. COMMISSIONER OF INCOME TAX (CENTRAL)-2, INDORE vs. JAVA BUILDERS PVT LTD(FORMERLY JAVA FOODS PVT LTD), INDORE

Appeal is dismissed being devoid of any merit

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year: 2017-18 Dy. Commissioner Of Java Builders Pvt. Ltd. Income-Tax (Central)-2 (Formerly Java Foods Pvt. Ltd.), 16, Khajarana Square, बनाम/ Ghanshyam Castle, Vs. Opposite Subh Labh, Indore (Revenue/Appellant) (Assessee/Respondent) Pan: Aaccj5636L Revenue By Shri Ashish Porwal, Sr. Dr Assessee By Ms. Richa Parwal, Ar Date Of Hearing 23.09.2025 Date Of Pronouncement 25.09.2025

3 of 15 Java Builders Pvt. Ltd. ITA No. 279/Ind/2024 – AY 2017-18 u/s 271(1)(c) of the I.T. Act, 1961. The penalty notice u/s 274 is being reproduced as under:- Hence, it is clear from the perusal of the above notice u/s 274 of the Act that not only has the AO not specified whether the penalty proposed

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

3) of the Act, we find that Ld. AO while examining the records observed that the assessee claimed deduction u/s 36(1)(vii)(a) of the Act for provision of bad and doubtful debts, @ 10% of the aggregate average advances of Rs.3,61,92,55,217/-. The Ld. AO further observing that the assessee bank seized to be a scheduled

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

3) of the Act, we find that Ld. AO while examining the records observed that the assessee claimed deduction u/s 36(1)(vii)(a) of the Act for provision of bad and doubtful debts, @ 10% of the aggregate average advances of Rs.3,61,92,55,217/-. The Ld. AO further observing that the assessee bank seized to be a scheduled

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

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

92,826/- and gross expenditure at Rs.39,63,67,098/- and capital expenditure at Rs.21,22,84,057/-. Ld. Assessing Officer also observed that in the balance sheet under the head corpus funds a sum of Rs.14,06,75,754/- was shown to be received as donation during the year towards corpus funds. Mayank Welfare society ITANos.232 & 776/Ind/2018/17

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

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

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

92,826/- and gross expenditure at Rs.39,63,67,098/- and capital expenditure at Rs.21,22,84,057/-. Ld. Assessing Officer also observed that in the balance sheet under the head corpus funds a sum of Rs.14,06,75,754/- was shown to be received as donation during the year towards corpus funds. Mayank Welfare society ITANos.232 & 776/Ind/2018/17