SHRI DILIP BUILDCON LTD,BHOPAL vs. DCIT CENTRAL -1, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

45,28,592/-] state of Gujarat on Design, Build, Operate and Transfer on Annuity basis. Regulated through SPV as per GOI framework. 3 Sardarpur Badnawar MP Road Development Construction, up-gradation and Road [ 80IA Impact Rs. Corporation Ltd widening of the existing carriage 12,72,51,916] way to intermediate 2 lane with rehab of major and minor bridges culverts

DCIT (CENTRAL)-1, BHOPAL vs. DILIP BUILDCON LTD., BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

45,28,592/-] state of Gujarat on Design, Build, Operate and Transfer on Annuity basis. Regulated through SPV as per GOI framework. 3 Sardarpur Badnawar MP Road Development Construction, up-gradation and Road [ 80IA Impact Rs. Corporation Ltd widening of the existing carriage 12,72,51,916] way to intermediate 2 lane with rehab of major and minor bridges culverts

DILIP BUILDCON LTD.,BHOPAL vs. DCIT (CENTRAL)-1, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

45,28,592/-] state of Gujarat on Design, Build, Operate and Transfer on Annuity basis. Regulated through SPV as per GOI framework. 3 Sardarpur Badnawar MP Road Development Construction, up-gradation and Road [ 80IA Impact Rs. Corporation Ltd widening of the existing carriage 12,72,51,916] way to intermediate 2 lane with rehab of major and minor bridges culverts

DILIP BUILDCON LIMITED,BHOPAL vs. DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL)-1, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

45,28,592/-] state of Gujarat on Design, Build, Operate and Transfer on Annuity basis. Regulated through SPV as per GOI framework. 3 Sardarpur Badnawar MP Road Development Construction, up-gradation and Road [ 80IA Impact Rs. Corporation Ltd widening of the existing carriage 12,72,51,916] way to intermediate 2 lane with rehab of major and minor bridges culverts

DILIP BUILDCON LTD.,BHOPAL vs. DCIT (CENTRAL)-1, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

45,28,592/-] state of Gujarat on Design, Build, Operate and Transfer on Annuity basis. Regulated through SPV as per GOI framework. 3 Sardarpur Badnawar MP Road Development Construction, up-gradation and Road [ 80IA Impact Rs. Corporation Ltd widening of the existing carriage 12,72,51,916] way to intermediate 2 lane with rehab of major and minor bridges culverts

DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL)-1, BHOPAL vs. DILIP BUILDCON LIMITED, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

45,28,592/-] state of Gujarat on Design, Build, Operate and Transfer on Annuity basis. Regulated through SPV as per GOI framework. 3 Sardarpur Badnawar MP Road Development Construction, up-gradation and Road [ 80IA Impact Rs. Corporation Ltd widening of the existing carriage 12,72,51,916] way to intermediate 2 lane with rehab of major and minor bridges culverts

THED CIT ,CENTRAL-1, BHOPAL vs. M/S DILIP BUILDCON LTD, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

45,28,592/-] state of Gujarat on Design, Build, Operate and Transfer on Annuity basis. Regulated through SPV as per GOI framework. 3 Sardarpur Badnawar MP Road Development Construction, up-gradation and Road [ 80IA Impact Rs. Corporation Ltd widening of the existing carriage 12,72,51,916] way to intermediate 2 lane with rehab of major and minor bridges culverts

DCIT (CENTRAL)-1, BHOPAL vs. DILIP BUILDCON LTD., BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

45,28,592/-] state of Gujarat on Design, Build, Operate and Transfer on Annuity basis. Regulated through SPV as per GOI framework. 3 Sardarpur Badnawar MP Road Development Construction, up-gradation and Road [ 80IA Impact Rs. Corporation Ltd widening of the existing carriage 12,72,51,916] way to intermediate 2 lane with rehab of major and minor bridges culverts

PUSHPENDRA SINGH CHOUHAN,SEHORE vs. ITO-SEHORE, SEHORE

In the result appeal of the assessee is allowed for statistical purpose

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Pushpendra Singh Ito Chouhan, Sehore C/O Adv.Hitesh Chimnani, Ug-37 Trade Centre, Vs. 18 South Tukoganj, Near Hotel Crown Palace, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Cggps1953Q Assessee By Shri Hitesh Chimnani, Ms. Komal Wadhwani & Komal Kataria, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 20.06.2024 Date Of Pronouncement 24.06.2024 O R D E R

Section 249(4) of the Act will not apply as there is no question of payment of advance tax in reassessment proceedings even though assessee did not file return of income. The Ld. AR has then relied upon the decision of the Raipur Bench of this Tribunal dated 10.4.2024 in case of Page 3 of 12 ITANo.122/Ind/2024 Pushpendra Singh Chouhan

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 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 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

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

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

reassessment cannot be declared invalid in the penalty proceedings’’. View taken by the Hon’ble Karnataka High Court in the above judgment was indirectly affirmed by the Hon’ble Apex Court, when it dismissed an SLP filed by the Revenue against the judgment in the case of SSA’s Emerald Meadows (supra), specifically observing that there was no merits

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

45,27,800/- including undisclosed income of Rs. 25,00,000/-, which was admitted by the assessee during statement on oath u/s 132(4) of the Act. In view of the provisions of section 271AAB of the Act, I am satisfied that penalty proceedings must be initiated for the amount of disclosure made u/s Page 4 of 40 Mukesh Kumar

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

45,27,800/- including undisclosed income of Rs. 25,00,000/-, which was admitted by the assessee during statement on oath u/s 132(4) of the Act. In view of the provisions of section 271AAB of the Act, I am satisfied that penalty proceedings must be initiated for the amount of disclosure made u/s Page 4 of 40 Mukesh Kumar

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

45,27,800/- including undisclosed income of Rs. 25,00,000/-, which was admitted by the assessee during statement on oath u/s 132(4) of the Act. In view of the provisions of section 271AAB of the Act, I am satisfied that penalty proceedings must be initiated for the amount of disclosure made u/s Page 4 of 40 Mukesh Kumar

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

45,27,800/- including undisclosed income of Rs. 25,00,000/-, which was admitted by the assessee during statement on oath u/s 132(4) of the Act. In view of the provisions of section 271AAB of the Act, I am satisfied that penalty proceedings must be initiated for the amount of disclosure made u/s Page 4 of 40 Mukesh Kumar

ACIT(CENTRAL)-1,, INDORE vs. SHRI RAJUL BHARGAVA, INDORE

The appeals of the Revenue are dismissed

Bench: Shri Mahavir Prasad & Shri Manish Borad

Section 45(4) would not be attracted on the retirement of the two partners and consequential allotment of their share in the assets in the Assessee Firm. The Court also observed in para 20 of his order that on the retirement of a partner from the firm, there will be allotment of his interests in the firm. The interest