J.P TOBACO PRODUCTS PVT. LTD.,DAMOH vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE , SAGAR

In the result, both appeals filed by the assessee are allowed

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadale

u/s 271(1)(d) of the Income Tax Act, 1961 (in short “the Act”) for concealment of income/inaccurate particulars of fringe benefit of tax (FBT). The issue involved in both the appeals is ITA No.183 & 184/Jab/2018 J.P.Tobacco Products Pvt.Ltd. vs DCIT common, therefore both the appeals were heard together and disposed off by way of this consolidated order for convenience

ASSISTANT COMMISSIONER OF INCOME TAX,CIRCLE-CHHINDWARA, CHHINDWARA vs. SHRI SHEVENDRA SINGH PARIHAR, BALAGHAT

In the result, the appeal of the Revenue is dismissed

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar U.S.

income and therefore penalty proceedings u/s 271(c) of I.T. Act is initiated separately.” I.T.A. No.91/Jab/2019 C.O.No.01/Jab/2020 5 Assessment Year:2011-12 5. The learned CIT(A), while restricting the addition at the rate of 10% out of the expenses, held as under: “Ground No. 4 & 5:- Through these grounds of appeal the appellant has challenged the addition

PRADEEP SHARMA,SAGAR vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1, KATNI

The appeal of the assessee is partly allowed

Bench: Shri Anadee Nath Misshra

business income” and the return of income so filed has been accepted by the Assessing officer without making any adjustment/variation either in the quantum, nature or classification of income so offered by the assessee. The assessee, being an individual, has offered the same to tax applying the slab rate of taxation as applicable to an individual. The case

J.P TOBACCO PRODUCT PVT. LTD.,DAMOH vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE, SAGAR

In the result, the appeal filed by the assessee is dismissed

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadalem/S. J.P.Tobacco Products Vs Acit, Pvt. Ltd., Patharia Phatak, Circle-Sagar. Damoh (M.P.). (Appellant) (Respondent) Pan No. Aaacj7141G Assessee By Shri G.N.Purohit, Sr.Adv. & Shri Abhijeet Shrivastava, Adv. Revenue By Shri Rajesh Kumar Gupta, Sr.Dr Date Of Hearing 15/09/2023 Date Of Pronouncement 22/09/2023

penalty u/s 271(1)(c) of the Income Tax Act, 1961 (in short “the Act”) levied by Assessing Officer (in short “AO”), for furnishing inaccurate particulars of the income. The assessee has raised following grounds of appeal:- J.P.Tobacco Product Pvt.Ltd. vs ACIT 1) “That on facts and in the circumstances of the case the learned AO erred in holding that

M/S.ANUSHRI ENGINEERING,JABALPUR vs. INCOME TAX OFFICER WARD 2(1), JABALPUR

In the result, subject to the caveat stated at para 3

Bench: Sh. Sanjay Arora, Hon'Ble

Income Tax Act, 1961 (‘the Act’ hereinafter) and that dated 13/11/2017 confirming the levy of penalty u/s. 271(1)(c) of the Act, for the Assessment Year (AY) 2006-07. 2.1 The facts of the case in brief are that the assessee, a partnership firm in the business

M/S ANUSHREE ENGINEERING,JABALPUR vs. INCOME TAX OFFICER, JABALPUR

In the result, subject to the caveat stated at para 3

Bench: Sh. Sanjay Arora, Hon'Ble

Income Tax Act, 1961 (‘the Act’ hereinafter) and that dated 13/11/2017 confirming the levy of penalty u/s. 271(1)(c) of the Act, for the Assessment Year (AY) 2006-07. 2.1 The facts of the case in brief are that the assessee, a partnership firm in the business

DINESH JAT,SAGAR vs. CIT(A), NFAC

Bench: SH. KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY (Accountant Member)

u/s 271(1)(c) is unsustainable in law and facts. 2. Penalty Confirmed Without Establishing Concealment or Inaccurate Particulars The Hon'ble CIT(A) erred in confirming the penalty under section 271(1)(c) without demonstrating that the appellant had either concealed income or furnished inaccurate particulars thereof. The appellant had no willful intent or knowledge

DINESH JAT,SAGAR vs. CIT (A), SAGAR

Bench: SH. KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY (Accountant Member)

u/s 271(1)(c) is unsustainable in law and facts. 2. Penalty Confirmed Without Establishing Concealment or Inaccurate Particulars The Hon'ble CIT(A) erred in confirming the penalty under section 271(1)(c) without demonstrating that the appellant had either concealed income or furnished inaccurate particulars thereof. The appellant had no willful intent or knowledge

SALEEM AHMED KHAN, BOON ELECTRONIC, CORPORATION MARKET NAUDARA BRIDGE,JABALPUR,JABALPUR vs. INCOME TAX OFFICER , WARD 2(1) , JABALPUR, JABALPUR

In the result, the appeal in ITA No 88/Jab/2022 is not maintainable, ITA

business of purchase and sale of electronic goods. The assessee has filed the return of income for the A.Y 2014-15 on 30.11.2014 disclosing a total income of Rs. 4,77,190/-.Subsequently the case was selected for scrutiny under the CASS to verify ‘Large investment in property as compared to total income and mismatch in turnover reported in Audit

ABHISHEK PUROHIT, SAGAR,SAGAR vs. ITO WARD (3) SAGAR, SAGAR

Appeal of the assessee stands allowed for statistical purposes

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2016-17 Abhishek Purohit, Vs. Ito, Kotwali Road, Ward (3), Behind Putrishala School, Sagar Sagar. Pan : Asbpp 4859M (Appellant) (Respondent) Appellant By Shri Rahul Bardia, Ca Respondent By Shri Ravi Mehrotra, Sr. Dr Date Of Hearing 05/07/2023 Date Of Pronouncement 07/07/2023

Income Tax Act, 1961 (hereinafter called ‘the Act’) and 142(1) of the Act were issued from time to time. However, there was non-compliance on the part of the assessee. The Assessing Officer also proceeded to impose penalty u/s. 271(1)(b) of the Act amounting to Rs.10,000/- for non compliance. Thereafter, in view of continued non-compliance

AMIT KUMAR YADAV,SEONI vs. INCOME TAX OFFICER, SEONI

In the result, the assessee’s appeal in ITA No

Bench: SH. KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY (Accountant Member)

u/s 142(1). The penalty of Rs. 50000/- should be quashed in toto. 4. That The applicant reserves his right to raise additional ground or grounds of appeal those may arise at the time of hearing of this appeal.” 2. The facts of the case are, that the return of income of the assessee for the assessment year

AMIT KUMAR YADAV,SEONI vs. INCOME TAX OFFICER, SEONI

In the result, the assessee’s appeal in ITA No

Bench: SH. KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY (Accountant Member)

u/s 142(1). The penalty of Rs. 50000/- should be quashed in toto. 4. That The applicant reserves his right to raise additional ground or grounds of appeal those may arise at the time of hearing of this appeal.” 2. The facts of the case are, that the return of income of the assessee for the assessment year

HARISH CHAND SONI,JABALPUR vs. INCOME TAX OFFICER WARD(1)1, JABALPUR

In the result, appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Manish Borad""./ Ita No. 4/Jab/2018 "" " " " " " "  / Assessment Year : 2008-09   Harish Chand Soni, Income Tax Officer, 565, Kotwali Ward Tammarhai, Vs Ward 1 (1), Jabalpur, M.P. Jabalpur Pan : Azvps 8959 C / (Appellant) / (Respondent)         Assessee By : Shri Sanjay Mishra, Adv. Revenue By : Shri Pd Chougule, Dr $ %&'/Date Of Hearing : 13/03/2018 ! "# $ %&' /Date Of Pronouncement: 15/03/2018 ()*+ "# .//O R D E R , - Per Manish Borad:- This Appeal Of Assessee For Assessment Year 2008-09 Is Directed Against The Order Of The Cit(A)-I, Jabalpur Dated 29.11.2017 Vide Appeal No.J/Cit/A/I/Jbp/Ito W-1(1)/Jbp/208/2011-12, Arising Out Of Order Under Section 271(1)(C) Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”), Framed On 30.03.2011 By The Ito, Ward 1(1), Jabalpur.

business at Rs.1,27,275/- by way of revised computation of income. However, learned Assessing Officer calculated the income under Section 44AF of the Act at Rs.1,37,265/- and assessed the income accordingly. The assessee did not prefer any appeal against the order of the Assessing Officer. Thereafter, learned Assessing Officer initiated penalty proceedings for concealment of income

RAJESH SINGH,REWA vs. ITO WARD -1,REWA, REWA

In the result, appeal in ITA No

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharyita Nos.128 & 129/Jab/2023 A.Y. 2010-11 Rajesh Singh, Vs. Income Tax Officer, M/S Pharma Deal Agency, Ward No.8, Ward-1, Rewa, M.P. Mauganj, Distt. Rewa, M.P. Pan:Atrps5702K (Appellant) (Respondent)

Penalty of Rs. 30,000/- demanded U/S 271(1)(b) of IT Act, 1961 which is not based on any concrete finding but was entirely estimated, arbitrary, assumptions & Presumptions and bad in law. 3- That the Assessee crave leaves to raise any other grounds on or before the date of hearing to prove that the order passed

RAJESH SINGH,REWA vs. ITO WARD-1 REWA, REWA

In the result, appeal in ITA No

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharyita Nos.128 & 129/Jab/2023 A.Y. 2010-11 Rajesh Singh, Vs. Income Tax Officer, M/S Pharma Deal Agency, Ward No.8, Ward-1, Rewa, M.P. Mauganj, Distt. Rewa, M.P. Pan:Atrps5702K (Appellant) (Respondent)

Penalty of Rs. 30,000/- demanded U/S 271(1)(b) of IT Act, 1961 which is not based on any concrete finding but was entirely estimated, arbitrary, assumptions & Presumptions and bad in law. 3- That the Assessee crave leaves to raise any other grounds on or before the date of hearing to prove that the order passed

BASANT LAL GUPTA,SIDHI vs. INCOME TAX OFFICER WARD 1 , REWA

In the result, ITA. No. 129/JAB/2024 & ITA

Bench: Shri Anadee Nath Misshra

business turnover. (E) Both sides have been heard and the materials available on record have been perused. During the course of hearing, the Ld. Representatives of both parties are in agreement that the disputed issue may be decided by applying the net profit rate of 12% on the turnover of Rs.10,67,337/-; and that the resultant amount

BASANT LAL GUPTA,SIDHI vs. INCOME TAX OFFICER WARD 1 , REWA

In the result, ITA. No. 129/JAB/2024 & ITA

Bench: Shri Anadee Nath Misshra

business turnover. (E) Both sides have been heard and the materials available on record have been perused. During the course of hearing, the Ld. Representatives of both parties are in agreement that the disputed issue may be decided by applying the net profit rate of 12% on the turnover of Rs.10,67,337/-; and that the resultant amount

BASANT LAL GUPTA,SIDHI vs. INCOME TAX OFFICER WARD-1, , REWA

In the result, ITA. No. 129/JAB/2024 & ITA

Bench: Shri Anadee Nath Misshra

business turnover. (E) Both sides have been heard and the materials available on record have been perused. During the course of hearing, the Ld. Representatives of both parties are in agreement that the disputed issue may be decided by applying the net profit rate of 12% on the turnover of Rs.10,67,337/-; and that the resultant amount