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

u/s 271(1)(c) of the Act dated 28.06.2010 amounting to Rs.2,72,850/- for furnishing inaccurate particulars of income. On further appeal, Ld.CIT(A) upheld the penalty observing as under:- 7.1.3.DECISION:-“I have carefully considered the submission put forth including the case laws relied upon & the documents 3 | P a g e J.P.Tobacco Product Pvt.Ltd. vs ACIT furnished

MANESSH SHARMA ,JABALPUR vs. JOINT COMMISSIONER OF INCOME OFFICER (TDS), BHOPAL

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

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadale

11 to 2014-15, in relation to penalty levied u/s 271C of the Income Tax Act, 1961 (in short “the Act”). The issue involved in all the appeals is common, therefore, all the appeals were heard together and disposed off by way of this consolidated order for convenience. ITA No.99 to 103/Jab/2023 Manessh Sharma vs JCIT-TDS 2. Grounds

MANESSH SHARMA,JABALPUR vs. JOINT COMMISSIONR OF INCOME TAX OFFICER (TDS), BHOPAL, BHOPAL

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

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadale

11 to 2014-15, in relation to penalty levied u/s 271C of the Income Tax Act, 1961 (in short “the Act”). The issue involved in all the appeals is common, therefore, all the appeals were heard together and disposed off by way of this consolidated order for convenience. ITA No.99 to 103/Jab/2023 Manessh Sharma vs JCIT-TDS 2. Grounds

MANESSH SHARMA,JABALPUR vs. JOINT COMMISSIONER OF INCOME TAX OFFICER (TDS) BHOPAL, BHOPAL

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

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadale

11 to 2014-15, in relation to penalty levied u/s 271C of the Income Tax Act, 1961 (in short “the Act”). The issue involved in all the appeals is common, therefore, all the appeals were heard together and disposed off by way of this consolidated order for convenience. ITA No.99 to 103/Jab/2023 Manessh Sharma vs JCIT-TDS 2. Grounds

MANESSH SHARMA,JABALPUR vs. JOINT COMMISSIONER OF INCOME OFFICER (TDS), BHOPAL

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

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadale

11 to 2014-15, in relation to penalty levied u/s 271C of the Income Tax Act, 1961 (in short “the Act”). The issue involved in all the appeals is common, therefore, all the appeals were heard together and disposed off by way of this consolidated order for convenience. ITA No.99 to 103/Jab/2023 Manessh Sharma vs JCIT-TDS 2. Grounds

MANESSH SHARMA,JABALPUR vs. JOINT COMMISSIONER OF INCOME TAX OFFICER (TDS) BHOPAL, BHOPAL

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

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadale

11 to 2014-15, in relation to penalty levied u/s 271C of the Income Tax Act, 1961 (in short “the Act”). The issue involved in all the appeals is common, therefore, all the appeals were heard together and disposed off by way of this consolidated order for convenience. ITA No.99 to 103/Jab/2023 Manessh Sharma vs JCIT-TDS 2. Grounds

SURAJ SINGH,SIDHI vs. INCOME TAX OFFICER, REWA

In the result, both the assessee’s appeals are dismissed

Bench: Sh. Sanjay Arora, Hon'Ble

11-12), and which is the only cash collection (at rs. 4.606 lacs) which is substantiated in any manner, it is difficult to believe that the franchisee/selling agent would allow payments to be made to the Principal (RTL) directly by the assessee, a third party, or that RTL would accept such direct transfers from a person with no locus standi

SURAJ SINGH,SIDHI vs. INCOME TAX OFFICER, REWA

In the result, both the assessee’s appeals are dismissed

Bench: Sh. Sanjay Arora, Hon'Ble

11-12), and which is the only cash collection (at rs. 4.606 lacs) which is substantiated in any manner, it is difficult to believe that the franchisee/selling agent would allow payments to be made to the Principal (RTL) directly by the assessee, a third party, or that RTL would accept such direct transfers from a person with no locus standi

AVNISH KUMAR GUPTA,SIDHI vs. INCOME TAX OFFICER WARD-2, REWA, REWA

In the result, the assessee‟s appeal is dismissed

Bench: Shri Sanjay Arora, Hon‟Ble & Shri Manomohan Das, Hon'Ble

11-08-2021 for furnishing submission on 26/08/2021 on ITBA portal. Further opportunity was afforded vide notice issued on 25-08-2021 to make written statement, if any, on or before 16-09-2021.‟ This notice was responded by the assessee by submitting on the ITBA portal that the appellant has not received notices as all notices were sent

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

271(1)(d) of the Income tax act1961 is arbitrary, unreasonable and unjustified and bad in law. (2) That The Ld CIT(A) misunderstood and Misconstructrued the provision of sub clause(v) of the clause (D) of the3 section 115(WB)(i) providing levy of Fringe benefit tax. The Sub-section(2) cover 'expenditure on advertisement by way of sign

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

271(1)(d) of the Income tax act1961 is arbitrary, unreasonable and unjustified and bad in law. (2) That The Ld CIT(A) misunderstood and Misconstructrued the provision of sub clause(v) of the clause (D) of the3 section 115(WB)(i) providing levy of Fringe benefit tax. The Sub-section(2) cover 'expenditure on advertisement by way of sign

SHRI DIGPAL JAISWAL,KATNI vs. PRINCIPAL COMMISSIONER OF INCOME TAX-2, JABALPUR

In the result appeal of the assessee is allowed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

5. The order u/s 263 has been passed on 27/02/2019 wherein assessment framed u/s 143 r.w.s. 147 of I.T. Act 1961 on 20/06/2016 has been set-aside to make fresh assessment by holding that the order passed by A.O. is erroneous and prejudicial to the interest of Revenue in respect to following two matters. a) Interest paid without deduction

SHRI DIGPAL JAISWAL,KATNI vs. INCOME TAX OFFICER, WARD -1 , KATNI

In the result appeal of the assessee is allowed

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

5. The order u/s 263 has been passed on 27/02/2019 wherein assessment framed u/s 143 r.w.s. 147 of I.T. Act 1961 on 20/06/2016 has been set-aside to make fresh assessment by holding that the order passed by A.O. is erroneous and prejudicial to the interest of Revenue in respect to following two matters. a) Interest paid without deduction

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

section 250 of the Act. 11. The AO in the course of hearing proceedings has issued notice u/s 142(1) of the Act on various dates, whereas the assessee could not complied with the notices and the assessee has not disclosed the reasonable cause for non compliance to the notice u/s 142(1) of the Act therefore

VIVEK KUMAR SINGH,REWA vs. ITO WARD SINGRAULI, SINGRAULI

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

Bench: Shri Om Prakash Kant & Shri Pavan Kumar Gadalevivek Kumar Singh, Vs. Ito, 14/357, Sanjay Nagar Singrauli, Rewa-486001, Madhya Pradesh. Madhya Pradesh.

5. The penalty was levied by the assessment unit u/s 272A(1)(d). While furnishing the details of appeal there is no column for section under which penalty levied, as such section of penalty is selected 271(1)(b) being corresponding section 2.The brief facts of the case are that, the assessee has filed the return of income

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

5 Assessing officer is silent about invoking the provisions of section 68, 69, 69A, 698, 69C, 69D of the Act. Further, there is nothing on record which shows that the Assessing officer has called for any explanation of the appellant regarding the nature and source of such investment during the course of assessment proceedings. He has not issued any show

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.

5:- Through these grounds of appeal the appellant has challenged the addition of Rs. 89,72,239/- on account of bogus purchase expenses. The appellant is engaged in the sand mining business. The appellant have to pay royalty and have to incur other expenses like transportation, purchases. labour expenses etc. The AO had disallowed the total expenses debited at Rs.89

NAGAR PANCHAYAT,BANDA vs. THE ASSISSTANT COMMISSIONER OF INCOME TAX CIRCLE SAGAR, SAGAR

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2012-13 Nagar Panchayat, Banda, Vs. The Acit, Nagar Parishad Building, Banda, Sagar, Circle Sagar, Sagar Banda Nagar S.O. Madhya Pradesh Pan:Aaaln0246R (Appellant) (Respondent) Assessee By: Sh. Milind Wadhwani, C.A. Revenue By: Sh. Alok Bhura, Sr. Dr Date Of Hearing: 19.05.2025 Date Of Pronouncement: 30.05.2025 O R D E R Per Nikhil Choudhary, A.M. This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Dated 7.05.2024 Whereby The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Against The Orders Of The Dcit, Circle-Sagar, Madhya Pradesh Passed On 10.12.2019 Under Section 147 R.W.S. 144 Of The Income Tax Act, 1961. The Grounds Of Appeal Are As Under:- “1. On The Facts & Circumstances Of The Case & In Law, The Ld. National Faceless Appeal Centre ('Nfac) Erred In Upholding The Action Of The Ld. Assistant Commissioner Of Income Tax Circle-Sagar ('Ao) In Adding A Sum Of Rs. 68,21,182/- To The Income Of The Assessee U/S. 69A As Unexplained Money. 2. On The Facts & Circumstances Of The Case & In Law, The Assessment Order Dated 10.12.2019 Is Without Jurisdiction, Bad In Law & Liable To Be Quashed.3 3. On The Facts & Circumstances Of The Case & In Law, The Assessment Order Is Opposed To The Principles Of Equity, Natural Justice & Fair Play.

u/s. 69A as unexplained money. 2. On the facts and circumstances of the case and in law, the assessment order dated 10.12.2019 is without jurisdiction, bad in law and liable to be quashed.3 3. On the facts and circumstances of the case and in law, the assessment order is opposed to the principles of equity, natural justice and fair play