SMT. PUSHPA AGRAWAL,INDORE vs. ITO WARD 5(2), INDORE, AAYKAR BHAWAN, OPPOSITE WHITE CHURCH, RESIDENCY AREA, INDORE

Appeal is allowed

short term capital gain on sale of another\nland of village Kapalyakhedi) is being added to the Income of the assessee\nbeing inform from undisclosed capital gain.\nFurther, I am satisfied that the assessee had concealed the particulars\nof her income, therefore, penalty proceedings u/s 271

SEEMA JAIN,INDORE vs. ITO 1(1), INDORE

Appeal is allowed

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year: 2013-14 Seema Jain, Ito 1(1) 73-Ba, Scheme No.94, Indore Regency Adrise, Near बनाम/ Bombay Hospital, Vs. Vijay Nagar, Indore (Assessee/Appellant) (Revenue/Respondent) Pan: Adtpj4652K Assessee By Shri Anil Khandelwal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 16.07.2025 Date Of Pronouncement 17.07.2025

Short term Capital Gain by taking into consideration the actual sale consideration received by the assessee. The fact of actual sale consideration received by the assessee has not been disputed by the Assessing Officer but the addition was made simply by applying the deeming provisions of section 50C. Therefore, in view of the various decisions as relied upon

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

HARPREET KAUR,BHOPAL vs. INCOME-TAX OFFICER, 5(2), BHOPAL, BHOPAL

Appeal is allowed in terms mentioned above

271(1)(c) of the 'Act' are\ninitiated separately. After rejection of claim LTCG as claimed by the assessee\nis being computed separately in forthcoming paras of the body of the\nassessment order.\nAddition - Rs.8,61,000/-.\n3. Computation of LTCG:\nDescription\nAmount\nComputation\nFull\nvalue of Consideration\n(sale\nRs.410000/-\nconsideration received in lieu of sale of land\nlocated

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

DCIT (CENTRAL), BHOPAL vs. SHAILENDRA SHARMA, BHOPAL

In the result the appeals of the assessee for the Assessment

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

271(1) (c) of the IT are initiated separately for A.Ys 2015-16.” 24. It is pertinent to note that in the statement recorded u/s 134 of the Act and to answer the Question No.22, the assessee has stated that the details in this diary are related to election management activities as well as election management expenditure. The statement

SANTOSH AGRAWAL,BHOPAL vs. THE PR CIT -1, BHOPAL

In the result, appeal of assessee is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanisantosh Agrawal Pr. Cit-1 Mig-11, Mla Quarters Bhopal Vs. Jawahar Chowk Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Ahkpa 1449E Assessee By Shri Gagan Tiwari, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 10.08.2023 Date Of Pronouncement 16 .08.2023

penalty notice u/s 271(1)(c).” 7. The assessment order is completely silent on the issue of claim of improvement of cost though the notice u/s 142(1) was issued by the AO wherein the assesse was asked to furnish the information as per para 7 of the notice u/s 142(1) as under: Page 4 of 7 Santosh Agrawal

M/S SIDDHULA;L,BHOPAL vs. THE ITO 2(2) BHOPAL, BHOPAL

Appeal is partly allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year : 2011-12 M/S. Siddhulal Patidar, Income-Tax Officer, 01,Gram Sallaiya, 2(2), बनाम/ Bawadia Kalan, Bhopal Vs. Bhopal (Appellant/Assessee) (Respondent/Revenue) Pan: Dhypp1740N Assessee By Shri Ashish Goyal & Shri N.D. Patwa, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 13.02.2024 Date Of Pronouncement 28.02.2024

penalty u/s 271(1)(c). 2. The background facts leading to present appeal are such that in the case of assessee-individual, the AO received an information that the assessee sold a land on 06.09.2010 for Rs. 35,00,000/-, having stamps valuation of Rs. 48,05,000/- and earned capital gain. Accordingly, to assess the same, the AO issued

LATE SHRI RAMANAND TAPARIA TH/LH CHANDA DEVI TAPARIA,INDORE vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

Appeal of the assessee is allowed for statistical\npurpose

short term capital gain of Rs.2,30,820/- which\nwas declared NIL by the return filed in response to the notice u/s\n148 of the Act.\n2.8 That the Ld. A.O in order to complete the assessment\nproceedings issued a notice u/s 142(1) of the Act on 15.11.2021\nand vide the same notice the assessee herein was also requested

LATE SHRI RAMANAND TAPARIA TH/LH CHANDADEVI TAPARIA ,INDORE vs. NATIONAL FACELESS ASSESSMENT CENTREQ, DELHI

Appeal of the assessee is allowed for statistical\npurpose

short term capital gain of Rs.2,30,820/- which\nwas declared NIL by the return filed in response to the notice u/s\n148 of the Act.\n2.8 That the Ld. A.O in order to complete the assessment\nproceedings issued a notice u/s 142(1) of the Act on 15.11.2021\nand vide the same notice the assessee herein was also requested

TEJU PARVAT,SANVER vs. ITO-1(1), INDORE

Appeal of the assessee is allowed for statistical purpose

Short Term Capital Gain an\namount of Rs.1,50,10,000/- is being determined as total income\nof the assessee. I am also satisfied that the assessee has\nconcealed particulars of income by not filing return of income\ndespite having taxable income. Therefore, penalty proceedings\nu/s 271(1)(c) of the I.T. Act, 1961 are initiated separately for\nconcealment

SACHCHIDANAND TRIPATHI ,BHOPAL vs. ITO 5(2) BHOPAL, BHOPAL

In the result, Appeal of the Assessee in ITANo

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Boradassessment Year:2014-15 Sachchidanand Tripati Ito 5(2) Bhopal Bhopal बनाम/ (Appellant) (Respondent ) Vs. P.A. No.Aampt3788N Appellant By Shri S.S. Deshpande, Ar Respondent By Shri Amit Soni, Sr.Dr Date Of Hearing: 12.11.2021 Date Of Pronouncement: 06.12.2021 आदेश / O R D E R Per Manish Borad: The Above Captioned Appeal At The Instance Of Assessee Is Directed Against The Order Of Ld. Commissioner Of Income Tax(Appeals)-2, (In Short ‘Cit(A)’), Bhopal Dated 01.05.2019 Which Are Arising Out Of The Order U/S 271B Of The Income Tax Act 1961(In Short The ‘Act’) Dated 26.05.2017 Framed By Ito-5(2) Bhopal.

gain. Assessee is maintaining share trading account with Nirmal Bang Securities Pvt. Ltd. Total sales made on delivery based transaction amounting to Rs.3,13,81410/-. Assessee has not disputed this figure of sale turnover of share trading of delivery based transaction but only claimed before ld. AO that these transaction were in the nature of purchase and sale of shares

KISHORE SEWANI,BHOPAL vs. ITO-1(1), BHOPAL

Appeals are allowed for statistical

Bench: Shri B.M. Biyani & Shri Paresh M. Joshi & Kishore Sewani, Ito-1(4) बनाम/ House No.33, Parika Bhopal Vs. Society, Phase-1, Chunabhatti, Bhopal (Assessee/Appellant) (Revenue/Respondent) Pan:Ankps8260M Assessee By Shri Gagan Tiwari, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 02.09.2025 Date Of Pronouncement 12.09.2025

short-term capital gain of Rs. 1,02,34,840/- from sale of impugned agricultural land, (ii) low household expenses of Rs. 80,000/-, and (iii) Unexplained expenses of Rs. 67,430/- registration and stamp duty of new property purchased. Aggrieved, the assessee carried matter in first- appeal but the CIT(A) passed ex-parte order due to non-prosecution

SEEMA LUNAWAT,RATLAM vs. INCOME TAX OFFICER, MANDSAUR

Appeal is allowed

Penalty proceedings u/s 271(1)(c) are initiated\nseparately for concealment of income\".\nDuring first-appeal, the CIT(A) has upheld AO's order.\nBefore us, Ld. AR for assessee has filed following Written-Submission,\niterated the contents of same during hearing and urged to delete the\naddition wrongly made by AO:\n\"WRITTEN SUBMISSION\nThe appellant respectfully submits

KISHORE SEWANI,BHOPAL vs. ITO-1(4), BHOPAL

Appeals are allowed for statistical\npurposes

short-term capital gain of Rs.1,02,34,840/- from sale of\nimpugned agricultural land, (ii) low household expenses of Rs.80,000/-\nand (iii) Unexplained expenses of Rs.67,430/- registration and stamp duty\nof new property purchased. Aggrieved, the assessee carried matter in first-\nappeal but the CIT(A) passed ex-parte order due to non-prosecution by\nassessee

S T I INDIA LTD.,INDORE vs. ACIT-5(1), INDORE

Appeals are disposed of as under:

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

penalty proceeding u/s 271(1)(c) but on perusal of his order, it is very much apparent that he has merely upheld AO’s observations and not given his independent finding even for the disallowance. From the details of expenditure placed in Paper-Book, we find that the assessee has done significant business at least with Spain and Turkey

S T I INDIA LTD.,INDORE vs. ACIT-5(1), INDORE

Appeals are disposed of as under:

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

penalty proceeding u/s 271(1)(c) but on perusal of his order, it is very much apparent that he has merely upheld AO’s observations and not given his independent finding even for the disallowance. From the details of expenditure placed in Paper-Book, we find that the assessee has done significant business at least with Spain and Turkey

ACIT-5(1), INDORE vs. S T I INDIA LTD., INDORE

Appeals are disposed of as under:

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

penalty proceeding u/s 271(1)(c) but on perusal of his order, it is very much apparent that he has merely upheld AO’s observations and not given his independent finding even for the disallowance. From the details of expenditure placed in Paper-Book, we find that the assessee has done significant business at least with Spain and Turkey