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

reassessment cannot be declared as invalid in the penalty proceedings.” In the light of the above judgment we are unable to affirm the action of the authorities below. As the initiation of penalty under section 271(1)(c) vide notice 274 of the Act is not inconformity with the requirement of the law. Thus, the Penalty order

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

reassessment cannot be declared as invalid in the penalty proceedings.” In the light of the above judgment we are unable to affirm the action of the authorities below. As the initiation of penalty under section 271(1)(c) vide notice 274 of the Act is not inconformity with the requirement of the law. Thus, the Penalty order

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

reassessment cannot be declared as invalid in the penalty proceedings.” In the light of the above judgment we are unable to affirm the action of the authorities below. As the initiation of penalty under section 271(1)(c) vide notice 274 of the Act is not inconformity with the requirement of the law. Thus, the Penalty order

THE ACIT,CENTRAL CIRCLE-1, BHOPAL, BHOPAL vs. DB POWER LTD, BHOPAL

Appeal is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S Db Power Limited, Acit, Central Circle-1, बनाम/ Office Block, 1A, Bhopal Vs. Db City Park, 5Th Floor, Corporate Block, Opp. M.P. Nagar Zone-1, Arera Hills, Bhopal (Pan:Aaccd5475F) (Assessee/Appellant) (Revenue/Respondent) Acit, Central Circle-1, M/S Db Power Limited, बनाम/ Bhopal Office Block, 1A, Vs. Db City Park, 5Th Floor, Corporate Block, Opp. M.P. Nagar Zone-1, Arera Hills, Bhopal (Pan:Aaccd5475F) (Revenue/Appellant) (Assessee/Respondent)

reassess such income and also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently in the course of the proceedings under this section, or recompute the loss or the depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections

DB POWER LTD,BHOPAL vs. THE ACIT,CENTRAL CIRCLE-1, BHOPAL, BHOPAL

Appeal is dismissed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S Db Power Limited, Acit, Central Circle-1, बनाम/ Office Block, 1A, Bhopal Vs. Db City Park, 5Th Floor, Corporate Block, Opp. M.P. Nagar Zone-1, Arera Hills, Bhopal (Pan:Aaccd5475F) (Assessee/Appellant) (Revenue/Respondent) Acit, Central Circle-1, M/S Db Power Limited, बनाम/ Bhopal Office Block, 1A, Vs. Db City Park, 5Th Floor, Corporate Block, Opp. M.P. Nagar Zone-1, Arera Hills, Bhopal (Pan:Aaccd5475F) (Revenue/Appellant) (Assessee/Respondent)

reassess such income and also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently in the course of the proceedings under this section, or recompute the loss or the depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections

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

reassess the same. Section 153A of the Act reads as under: IT(SS) No.30 & 31/Ind/2023 ITA (SS) No.305/Ind/2023 Shailendra Sharma "153A. Assessment in case of search or requisition (1) Notwithstanding anything contained in Section 139, Section 147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under section

SMT. MEHA JAIN,JALGAON vs. DCIT (CENTRAL), BHOPAL

In the result, appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanismt. Meha Jain Dcit(Central) 40, Jay Nagar, Jilha Peth Bhopal Vs. Jalgaon Maharashtra (Appellant / Assessee) (Respondent/ Revenue) Pan: Aeipj 3170 N Assessee By Shri P.D. Nagar, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 18.05.2023 Date Of Pronouncement 24.05.2023

reassessment proceedings pending on the date of search stood abated by virtue of 2nd proviso to section 153A(1). For the sake of completeness section 153A(1) with proviso is quoted as under: Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, in the case of a person where a search

SHRI NARAYAN DAS TOLANI,BHOPAL vs. THE ITO 3(1), BHOPAL

In the result, the appeal of the assessee on this ground is allowed

Bench: Shri C. M. Garg & Shri O.P. Meena

B. Mohta, 56 ITR 269 (Bom.), relying on Supreme Court in ITO vs. Murlidhar Bhagwan Das 52 ITR 335, wherein it was held that the jurisdiction of the AAC under section 31 of the 1922 Act was strictly confined to the assessment order of that particular year under appeal. The AAC no doubt was competent to hold whether a particular

DYPUTI COMMISSIONER OF INCOME TAX (CENTRAL)-1, INDORE, INDORE vs. M/S PUMARTH INFRASTRUCTURE PVT. LTD. , INDORE

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

149, 153B, 154, 155, 158BE and 231 and for the purposes of limitation under section 243 or section 244 or, as the case may be, section 244A, this proviso shall also apply accordingly. 6.8 The appellant has placed reliance on the proviso to section 153B which reads as under : (v) in a case where an application made before the Income

PARTH KASLIWAL,INDORE vs. ASSISTANT COMMISSIONER OF INCOME TAX- CENTRAL (I), INDORE , INDORE

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

149, 153B, 154, 155, 158BE and 231 and for the purposes of limitation under section 243 or section 244 or, as the case may be, section 244A, this proviso shall also apply accordingly. 6.8 The appellant has placed reliance on the proviso to section 153B which reads as under : (v) in a case where an application made before the Income

M/S PUMARTH INFRASTRUCTURE PVT.LTD.,INDORE vs. ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL)-1, INDORE, INDORE

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

149, 153B, 154, 155, 158BE and 231 and for the purposes of limitation under section 243 or section 244 or, as the case may be, section 244A, this proviso shall also apply accordingly. 6.8 The appellant has placed reliance on the proviso to section 153B which reads as under : (v) in a case where an application made before the Income

M/S NISHANT FINANCE PVT.LTD,INDORE vs. ASSISTANT COMMISSIONER OF INCOME TAX-CENTRAL (I), INDORE, INDORE

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

149, 153B, 154, 155, 158BE and 231 and for the purposes of limitation under section 243 or section 244 or, as the case may be, section 244A, this proviso shall also apply accordingly. 6.8 The appellant has placed reliance on the proviso to section 153B which reads as under : (v) in a case where an application made before the Income

SUMATI KUMAR KASLIWAL,INDORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, (CENTRAL)-1, INDORE, INDORE

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

149, 153B, 154, 155, 158BE and 231 and for the purposes of limitation under section 243 or section 244 or, as the case may be, section 244A, this proviso shall also apply accordingly. 6.8 The appellant has placed reliance on the proviso to section 153B which reads as under : (v) in a case where an application made before the Income

MANOJ KASLIWAL,INDORE vs. ASSISTANT COMMISSIONER OF INCOME TAX- CENTRAL (1), INDORE, INDORE

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

149, 153B, 154, 155, 158BE and 231 and for the purposes of limitation under section 243 or section 244 or, as the case may be, section 244A, this proviso shall also apply accordingly. 6.8 The appellant has placed reliance on the proviso to section 153B which reads as under : (v) in a case where an application made before the Income

SHRIMATI SHARDA KASLIWAL,INDORE vs. ASSISTANT COMMISSIONER OF INCOME TAX- CENTRAL (I), INDORE, INDORE

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

149, 153B, 154, 155, 158BE and 231 and for the purposes of limitation under section 243 or section 244 or, as the case may be, section 244A, this proviso shall also apply accordingly. 6.8 The appellant has placed reliance on the proviso to section 153B which reads as under : (v) in a case where an application made before the Income

SHRI GAURAV SHARMA,BHOPAL vs. THE ACIT 1(1), BHOPAL

In the result, all the six appeals of the assessee

Bench: Shri Kul Bharat & Shri Manish Borad

149, 150, 151) [Vol.-I] v) Hon’ble ITAT, Jaipur Bench, Jaipur in the case of Narayana Heights & Towers in ITA No.1033/JP/2016 vide order dated 20/02/2017. (P- 152 – 171) (165, 166, 168) [Vol.-I] Apart from the above, the learned counsel for the assessee submitted that the additions were made on protective basis. When the notices were issued for levying

SHRI GAURAV SHARMA,BHOPAL vs. THE ACIT 1(1), BHOPAL

In the result, all the six appeals of the assessee

Bench: Shri Kul Bharat & Shri Manish Borad

149, 150, 151) [Vol.-I] v) Hon’ble ITAT, Jaipur Bench, Jaipur in the case of Narayana Heights & Towers in ITA No.1033/JP/2016 vide order dated 20/02/2017. (P- 152 – 171) (165, 166, 168) [Vol.-I] Apart from the above, the learned counsel for the assessee submitted that the additions were made on protective basis. When the notices were issued for levying

SHRI GAURAV SHARMA,BHOPAL vs. THE ACIT 1(1), BHOPAL

In the result, all the six appeals of the assessee

Bench: Shri Kul Bharat & Shri Manish Borad

149, 150, 151) [Vol.-I] v) Hon’ble ITAT, Jaipur Bench, Jaipur in the case of Narayana Heights & Towers in ITA No.1033/JP/2016 vide order dated 20/02/2017. (P- 152 – 171) (165, 166, 168) [Vol.-I] Apart from the above, the learned counsel for the assessee submitted that the additions were made on protective basis. When the notices were issued for levying