M/S RAMAVTAR KRISHNAVTAR,KOTA vs. INCOME TAX OFFICER , WARD1(3) KOTA
What did the Tribunal hold?
The Tribunal noted that the CIT(A)'s order confirmed the appeal was against the penalty order, but the findings within the order related to quantum proceedings and lacked any findings on the penalty order itself. Therefore, the matter was set aside to the CIT(A) for fresh adjudication.
What were the facts?
The assessee filed its return of income, and the Assessing Officer (AO) completed the assessment with an addition on account of disallowing interest. The AO initiated penalty proceedings under Section 271(1)(c) for alleged concealment of income.
What were the issues?
Whether the penalty under Section 271(1)(c) was rightly imposed without proper findings by the CIT(A) on the penalty order itself, despite the appeal being against it.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JAIPUR BENCHES,”SMC” JAIPUR
Before: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. No. 24/JPR/2023
Per contra, the ld. DR relied on the order of the lower 6. authorities.
We have heard both the parties, perused materials available on record. The Bench noted that in the appeal the assessee has filed u/s 271(1)(c) of the IT Act, aggrieved from the order of the Assessing officer, wherein the ld. CIT(A) order also confirms that the appeal is against the order of u/s 271(1)(c) of the IT Act as written on first page, but on going through order placed before us, We noted that the findings
M/S Ramavtar Krishnavtar vs. ITO of the ld. CIT(A) order is related to the order of the assessee in quantum proceedings and there is no findings of penalty order. Considering this apparent mistake as per agreement of both the parties the matter is set aside to the file of the ld. CIT(A) to decide afresh as there is no finding of ld. CIT(A) on order of the Assessing Officer passed U/s 271(1)(c) of the IT Act in terms of these observation.
In the result, the appeal of the assessee is allowed for statistical purpose.
Order pronounced in the open Court on 28/02/2023.
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
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