SHRI VARAD MEHTA,BHOPAL vs. THE DCIT 1(1), BHOPAL

In the result appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year 2008-09 Shri Varad Mehta, Dcit 1(1), B-4/301, Paras City, Vs. Bhopal Arera Colony, Bhopal (Appellant) (Respondent ) Pan No.Aflpm6733Q Revenue By Shri Rajeeb Jain, Sr.Dr Assessee By Shri Girish Agrawal,Ca Date Of Hearing 27.11.2018 Date Of Pronouncement 06.12.2018 O R D E R

271(1)(c) inserted with effect from 1-4-1976 by which presumption of concealment of particulars of income is raised on account of additions having been made or deductions being disallowed in returned income cannot be held to be retrospective in operation - Held, yes _ Whether fiction created under sections 68

RADHESHYAM AGARWAL,BHOPAL vs. THE PCIT, CENTRAL, BHOPAL , BHOPAL

271(a)(b)(c)(d).\nUnder section 271AAC(1) an obligation is casted where\nincome determined includes any income referred to in\nsection 68

M/S PLATINUM HORAZINE PVT. LTD.,INDORE vs. THE ACIT CIRCLE 3(1), INDORE

In the result, the appeal of the assessee stands

Bench: Shri Chandra Mohan Garg & Shri O.P.Meenaआ.अ.सं./ I.T.A. No.713/Ind/2016 िनधा"रण वष" /Assessment Year: 2009-10

section 271(1)(c) of the Act. Ergo, these are being considered and disposed-of together. 8. Succinctly, facts as culled out from the orders of lower authorities are that the assessee is a Private Limited M/s. Platinum Horazine Pvt. Ltd. v. ACIT 3(1) Indore /I.T.A. No. 713/Ind/2016/AY09-10 Page 11 of 25 Company engaged in providing consultancy

M/S INDUSTRIAL FILTERS & FABRICS PVT.LTD.,INDORE vs. THE JCIT, R-5 (PRESENT AO: DCIT 2(1), INDORE

In the result, the appeals filed by the assessee

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

section 271 (1) (c) of the IT Act. The date of hearing was fixed on 29.01.2014. " It can this be seen that charge (i.e. furnishing of inaccurate particulars) was learly specified before levying the penalty. 4. That on perusal of the Assessment order for the A Y 2008-09 it can be seen that while initiating penalty

M/S INDUSTRIAL FILTERS AND FABRICS PVT. LTD.,INDORE vs. THE ADDL. CIT- RANGE-5, INDORE

In the result, the appeals filed by the assessee

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

section 271 (1) (c) of the IT Act. The date of hearing was fixed on 29.01.2014. " It can this be seen that charge (i.e. furnishing of inaccurate particulars) was learly specified before levying the penalty. 4. That on perusal of the Assessment order for the A Y 2008-09 it can be seen that while initiating penalty

M/S INDUSTRIAL FILTERS & FABRICS PRIVATE LIMITED,INDORE vs. THE ACIT 2(1), INDORE

In the result, the appeals filed by the assessee

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

section 271 (1) (c) of the IT Act. The date of hearing was fixed on 29.01.2014. " It can this be seen that charge (i.e. furnishing of inaccurate particulars) was learly specified before levying the penalty. 4. That on perusal of the Assessment order for the A Y 2008-09 it can be seen that while initiating penalty

M/S INDUSTRIAL FILTERS & FABRICS PRIVATE LIMITED,INDORE vs. THE ACIT 2(1), INDORE

In the result, the appeals filed by the assessee

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

section 271 (1) (c) of the IT Act. The date of hearing was fixed on 29.01.2014. " It can this be seen that charge (i.e. furnishing of inaccurate particulars) was learly specified before levying the penalty. 4. That on perusal of the Assessment order for the A Y 2008-09 it can be seen that while initiating penalty

M/S INDUSTRIAL FILTERS & FABRICS PRIVATE LIMITED,INDORE vs. THE ACIT 2(1), INDORE

In the result, the appeals filed by the assessee

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

section 271 (1) (c) of the IT Act. The date of hearing was fixed on 29.01.2014. " It can this be seen that charge (i.e. furnishing of inaccurate particulars) was learly specified before levying the penalty. 4. That on perusal of the Assessment order for the A Y 2008-09 it can be seen that while initiating penalty

M/S INDUSTRIAL FILTERS AND FABRICS PVT. LTD.,INDORE vs. THE ACIT 5(1), INDORE

In the result, the appeals filed by the assessee

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

section 271 (1) (c) of the IT Act. The date of hearing was fixed on 29.01.2014. " It can this be seen that charge (i.e. furnishing of inaccurate particulars) was learly specified before levying the penalty. 4. That on perusal of the Assessment order for the A Y 2008-09 it can be seen that while initiating penalty

M/S INDUSTRIAL FILTERS & FABRICS PRIVATE LIMITED,INDORE vs. THE ACIT-2(1), INDORE

In the result, the appeals filed by the assessee

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

section 271 (1) (c) of the IT Act. The date of hearing was fixed on 29.01.2014. " It can this be seen that charge (i.e. furnishing of inaccurate particulars) was learly specified before levying the penalty. 4. That on perusal of the Assessment order for the A Y 2008-09 it can be seen that while initiating penalty

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

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

271(1)(c) of the Income-Tax Act, 1961 and not under the purview of section 271AAB of the Income-Tax Act, 1961. The show cause notice thus suffers from a fatal error which is not curable under section 292BB of the Income-Tax Act, 1961 and henceforth, penalty of Rs. 6,83,498/- as levied under section

INCOME TAX OFFICER- 2(1), UJJAIN vs. SMT. SAROJ THAKUR, UJJAIN

In the result appeal of the revenue is allowed

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Boradassessment Year 2013-14

68 of the Act. However since the loans were taken in cash penalty u/s 271D of the Act was initiated and subsequently levied for the contravention of provisions of section 269SS of the Act. 12. The penalty u/s 271D of the Act is attracted if the assessee fails to comply with the provisions of Section 269SS

M/S SUPREMO INDIA LTD ,INDORE vs. THE AIT CENTRAL 3, INDORE

In the result, appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S. Supremo India Pvt. Ltd. Acit Central-3 400/2, Halka Patwari No.52 Indore Vs. Badiakeema Dudhiya, B.O. Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aafcs 9822 C Assessee By Shri S.S. Solanki, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 01.05.2023 Date Of Pronouncement 07.06.2023

section 68, 69, 69A, 69B, 69C and 69D i.e. from residuary category w.e.f 01.04.2017. Hon’ble Supreme court in the case of CIT vs Vatika Township Pvt Ltd (2014) 24 ITJ 532 (SC): (2014) 271 CTR 1

M/S NIKHIL ESTATE P LTD,INDORE vs. THE ACIT CENTRAL CIRCLE (3) INDORE, INDORE

In the result, appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S. Nikhil Estate Pvt. Ltd. Acit (Central)-3 M-102, Mezzanine, Floor, Indore Dhan Trident, P. No.B-3 Pu- Vs. 4, Sch. No.54, Vijay Nagar Square, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aabcn 8056 D Assessee By Shri S.S. Solanki, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 01.05.2023 Date Of Pronouncement 09.06.2023

section 68, 69, 69A, 69B, 69C and 69D i.e. from residuary category w.e.f 01.04.2017. Hon’ble Supreme court in the case of CIT vs Vatika Township Pvt Ltd (2014) 24 ITJ 532 (SC): (2014) 271 CTR 1

SHRI VINOD BHANDARI,INDORE vs. THE PR.CIT-1, INDORE

In the result appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Shri Vinod Bhandari, Pr. Cit(1), Indore 21- Gf, Bhandari House, Talkies, Scheme No.54, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) Pan No.Abnpb6240M Assessment Year: 2012-13

271(1)(c) of the Act. (b) As regards the break up of income of Rs. 41,07,848/-, complete details were filed before the Ld. A.O with the computation of income. In the show cause notice issued by Ld. A.O he himself has referred to the interest income received by the assessee on the hundis which form part

DR. VINOD BHANDARI,INDORE vs. THE ACIT CIR. 2(1), INDORE

In the result appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Shri Vinod Bhandari, Pr. Cit(1), Indore 21- Gf, Bhandari House, Talkies, Scheme No.54, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) Pan No.Abnpb6240M Assessment Year: 2012-13

271(1)(c) of the Act. (b) As regards the break up of income of Rs. 41,07,848/-, complete details were filed before the Ld. A.O with the computation of income. In the show cause notice issued by Ld. A.O he himself has referred to the interest income received by the assessee on the hundis which form part

DR. VINOD BHANDARI,INDORE vs. THE DCIT CIR. 2(1), INDORE

In the result appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Shri Vinod Bhandari, Pr. Cit(1), Indore 21- Gf, Bhandari House, Talkies, Scheme No.54, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) Pan No.Abnpb6240M Assessment Year: 2012-13

271(1)(c) of the Act. (b) As regards the break up of income of Rs. 41,07,848/-, complete details were filed before the Ld. A.O with the computation of income. In the show cause notice issued by Ld. A.O he himself has referred to the interest income received by the assessee on the hundis which form part

DCIT (CENTRAL)-2, INDORE vs. PUNJAB RETAIL (P) LTD., INDORE

In the result, the appeals filed by the Revenue is dismissed

Bench: Shri Manish Borad& Ms. Madhumita Roy

68 to 69D are residuary sections and the same is applied only where the amount was not taxed under any specific chapter. In the present case in hand, the respondent assessee company is engaged in the business of Jewellery. The difference in the quantity of stock was during the normal business activities of the respondent assessee company. The excess