Anwar Ali 76 ITR 696 (SC),Durga Kamal Rice Mills v. CIT

Assistant Commissioner of Income Ta, Jaipur vs. Shri Nath Corporation, Jaipur

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

…sment order. It is settled that assessment and penalty proceedings are separate and distinct from each other. Kindly refer Durga Kamal Rice Mills v/s CIT (2004) 265 ITR 25 (Cal.), CIT & Anr. v/s Anwar Ali (1970) 76 ITR 696 (SC), CIT v/s Ishtiaq Hussain (1998) 232 ITR 673 (All). The AO merely alleged but failed to bring any material whatsoever by making independent inquires to support the finding of concealment of income & furnishing of inaccurate particulars. 5. Penalty so imposed being totally contrary to the provisions of law: 5.1 The order imposing penalty is quasi-criminal in nature and, thus, the burden lies…

Assistant Commissioner of Income Tax, Jaipur vs. Jitendra Kumar Agarwal, Jaipur

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

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…ssment order. It is settled that assessment and penalty proceedings are separate and distinct from each other. Kindly refer Durga Kamal Rice Mills v/s CIT (2004) 265 ITR 25 (Cal.), CIT &Anr. v/s Anwar Ali (1970) 76 ITR 696 (SC), CIT v/s Ishtiaq Hussain (1998) 232 ITR 673 (All). The AO merely alleged but failed to bring any material whatsoever by making independent inquires to support the finding of concealment of income & furnishing of inaccurate particulars. 5. Penalty so imposed being totally contrary to the provisions of law: 5.1 The order imposing penalty is quasi-criminal in nature and, thus, the burden li…

Assistant Commissioner of Income-Tax, Jaipur vs. Royal Jewellers, Jaipur

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

…sment order. It is settled that assessment and penalty proceedings are separate and distinct from each other. Kindly refer Durga Kamal Rice Mills v/s CIT (2004) 265 ITR 25 (Cal.), CIT & Anr. v/s Anwar Ali (1970) 76 ITR 696 (SC), CIT v/s Ishtiaq Hussain (1998) 232 ITR 673 (All). The AO merely alleged but failed to bring any material whatsoever by making independent inquires to support the finding of concealment of income & furnishing of inaccurate particulars. 5. Penalty so imposed being totally contrary to the provisions of law: 5.1 The order imposing penalty is quasi-criminal in nature and, thus, the burden lies…

Dubbi Gram Sewa Sahkari Samiti Ltd, Dausa vs. ITO WD, Dausa

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…nd the two cannot be merged or taken as one. For a penalty proceeding the AO must bring more material to establish positive concealment. Reliance is placed on Anwar Ali 76 ITR 696 (SC), Durga Kamal Rice Mills vs. CIT 265 ITR 25 (Cal.), CIT vs. Ishtiaq Hussain 232 ITR 673/148 CTR 367 (APP), T. Ashok Pai (2007) 292 ITR 11 (SC) and CIT &Anr. v. Manjunatha Cotton and Ginning Factory 359 ITR 565 (Karn). 5.2 The proceedings in respect of assessment and penalty are different and distinct notwithstanding the precondition that later has to be initiated in the course of former proceedings. Though the expression 'assessment…

Ajoy Sharma, Jaipur vs. DCIT Central Circle-1, Jaipur

…sment order. It is settled that assessment and penalty proceedings are separate and distinct from each other. Kindly refer Durga Kamal Rice Mills v/s CIT (2004) 265 ITR 25 (Cal.), CIT & Anr. v/s Anwar Ali (1970) 76 ITR 696 (SC), CIT v/s Ishtiaq Hussain (1998) 232 ITR 673 (All). In the case of CIT & Anr. v. Manjunatha Cotton and Ginning Factory 359 ITR 565 (Karn), the Hon'ble court has summarized the legal position after taking note of various decisions. However, the AO merely alleged but failed to bring any material whatsoever by making independent inquiries to support the finding of concealment of income. His ig…

Ajoy Sharma, Jaipur vs. DCIT Central Circle-1, Jaipur

…sment order. It is settled that assessment and penalty proceedings are separate and distinct from each other. Kindly refer Durga Kamal Rice Mills v/s CIT (2004) 265 ITR 25 (Cal.), CIT & Anr. v/s Anwar Ali (1970) 76 ITR 696 (SC), CIT v/s Ishtiaq Hussain (1998) 232 ITR 673 (All). In the case of CIT & Anr. v. Manjunatha Cotton and Ginning Factory 359 ITR 565 (Karn), the Hon'ble court has summarized the legal position after taking note of various decisions. However, the AO merely alleged but failed to bring any material whatsoever by making independent inquiries to support the finding of concealment of income. His ig…

Ajoy Sharma, Jaipur vs. DCIT Central Circle-1, Jaipur

…sment order. It is settled that assessment and penalty proceedings are separate and distinct from each other. Kindly refer Durga Kamal Rice Mills v/s CIT (2004) 265 ITR 25 (Cal.), CIT & Anr. v/s Anwar Ali (1970) 76 ITR 696 (SC), CIT v/s Ishtiaq Hussain (1998) 232 ITR 673 (All). In the case of CIT & Anr. v. Manjunatha Cotton and Ginning Factory 359 ITR 565 (Karn), the Hon'ble court has summarized the legal position after taking note of various decisions. However, the AO merely alleged but failed to bring any material whatsoever by making independent inquiries to support the finding of concealment of income. His ig…

Pooja Upadhyay, Jaipur vs. ITO Ward 5(1), Jaipur

In the result, appeal of the assessee is allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”SMC” JAIPUR Jh lanhi xkslkbZ] U;kf;d lnL; ,oa Jh jkBkSM+ deys'k t;arHkkbZ] ys[kk lnL; ds le{k BEFORE: SHRI SANDEEP GOSAIN, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 258/JP/2022 fu/kZkj.k o"kZ@Assessment Years : 2012-13 cuke Pooja Upadhyay ITO Vs. B-177, Bapu Nagar, Ward 5(1), Mangal Marg, Jaipur Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AARPU 6953 F vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. Devang Gargieya (Adv.) jktLo dh vksj ls@ Revenue by : Smt C…

Shri Suresh Mal Lodha, 537-38, Mahima Trinity, New Sanganer Road, Swej Farm, Jaipur vs. ACIT Jaipur, Jaipur

In the result, the appeal of the assessee is partly allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

…sment order. It is settled that assessment and penalty proceedings are separate and distinct from each other. Kindly refer Durga Kamal Rice Mills v/s CIT (2004) 265 ITR 25 (Cal.), CIT & Anr. v/s Anwar Ali (1970) 76 ITR 696 (SC), CIT v/s Ishtiaq Hussain (1998) 232 ITR 673 (All). In the case of CIT & Anr. v. Manjunatha Cotton and Ginning Factory 359 ITR 565 (Karn), the Hon’ble court has summarized the legal position after taking note of various decisions. However, the AO merely alleged but failed to bring any material whatsoever by making independent inquires to support the finding of concealment of income. His rej…

Manoj Kumar Sharma, Jaipur vs. PCIT(Central), Jaipur

In the result appeal of the assessee in the ITA No

…the assessment proceedings and there is no identity between the two. For a penalty AO must bring more material to establish positive concealment. Kindly refer Anwar Ali 76 ITR 696 (SC),Durga Kamal Rice Mills vs. CIT 265 ITR 25 (Cal.), CIT vs. Ishtiaq Hussain 232 ITR 673/148 CTR 367 (APP), T. Ashok Pai (2007) 292 ITR 11 (SC) and CIT &Anr. v. Manjunatha Cotton and Ginning Factory 359 ITR 565 (Karn). 5.2 The proceedings in respect of assessment and penalty are different and distinct notwithstanding the precondition that later has to be initiated in the course of former proceedings. Though expression 'assessment' is…

Manoj Kumar Sharma, Jaipur vs. PCIT(Central), Jaipur

In the result appeal of the assessee in the ITA No

…the assessment proceedings and there is no identity between the two. For a penalty AO must bring more material to establish positive concealment. Kindly refer Anwar Ali 76 ITR 696 (SC),Durga Kamal Rice Mills vs. CIT 265 ITR 25 (Cal.), CIT vs. Ishtiaq Hussain 232 ITR 673/148 CTR 367 (APP), T. Ashok Pai (2007) 292 ITR 11 (SC) and CIT &Anr. v. Manjunatha Cotton and Ginning Factory 359 ITR 565 (Karn). 5.2 The proceedings in respect of assessment and penalty are different and distinct notwithstanding the precondition that later has to be initiated in the course of former proceedings. Though expression 'assessment' is…

Manoj Kumar Sharma, Jaipur vs. PCIT (Central), Jaipur

In the result appeal of the assessee in the ITA No

…the assessment proceedings and there is no identity between the two. For a penalty AO must bring more material to establish positive concealment. Kindly refer Anwar Ali 76 ITR 696 (SC),Durga Kamal Rice Mills vs. CIT 265 ITR 25 (Cal.), CIT vs. Ishtiaq Hussain 232 ITR 673/148 CTR 367 (APP), T. Ashok Pai (2007) 292 ITR 11 (SC) and CIT &Anr. v. Manjunatha Cotton and Ginning Factory 359 ITR 565 (Karn). 5.2 The proceedings in respect of assessment and penalty are different and distinct notwithstanding the precondition that later has to be initiated in the course of former proceedings. Though expression 'assessment' is…

Ram Kishan Verma, Kota vs. PCIT (Central), Jaipur

In the result appeal of the assessee in the ITA No

…the assessment proceedings and there is no identity between the two. For a penalty AO must bring more material to establish positive concealment. Kindly refer Anwar Ali 76 ITR 696 (SC),Durga Kamal Rice Mills vs. CIT 265 ITR 25 (Cal.), CIT vs. Ishtiaq Hussain 232 ITR 673/148 CTR 367 (APP), T. Ashok Pai (2007) 292 ITR 11 (SC) and CIT &Anr. v. Manjunatha Cotton and Ginning Factory 359 ITR 565 (Karn). 5.2 The proceedings in respect of assessment and penalty are different and distinct notwithstanding the precondition that later has to be initiated in the course of former proceedings. Though expression 'assessment' is…

Ram Kishan Verma, Kota vs. PCIT (Central), Jaipur

In the result appeal of the assessee in the ITA No

…the assessment proceedings and there is no identity between the two. For a penalty AO must bring more material to establish positive concealment. Kindly refer Anwar Ali 76 ITR 696 (SC),Durga Kamal Rice Mills vs. CIT 265 ITR 25 (Cal.), CIT vs. Ishtiaq Hussain 232 ITR 673/148 CTR 367 (APP), T. Ashok Pai (2007) 292 ITR 11 (SC) and CIT &Anr. v. Manjunatha Cotton and Ginning Factory 359 ITR 565 (Karn). 5.2 The proceedings in respect of assessment and penalty are different and distinct notwithstanding the precondition that later has to be initiated in the course of former proceedings. Though expression 'assessment' is…

Ram Kishan Verma, Kota vs. PCIT (Central), Jaipur

In the result appeal of the assessee in the ITA No

…the assessment proceedings and there is no identity between the two. For a penalty AO must bring more material to establish positive concealment. Kindly refer Anwar Ali 76 ITR 696 (SC),Durga Kamal Rice Mills vs. CIT 265 ITR 25 (Cal.), CIT vs. Ishtiaq Hussain 232 ITR 673/148 CTR 367 (APP), T. Ashok Pai (2007) 292 ITR 11 (SC) and CIT &Anr. v. Manjunatha Cotton and Ginning Factory 359 ITR 565 (Karn). 5.2 The proceedings in respect of assessment and penalty are different and distinct notwithstanding the precondition that later has to be initiated in the course of former proceedings. Though expression 'assessment' is…

Ram Kishan Verma, Kota vs. PCIT (Central), Jaipur

In the result appeal of the assessee in the ITA No

…the assessment proceedings and there is no identity between the two. For a penalty AO must bring more material to establish positive concealment. Kindly refer Anwar Ali 76 ITR 696 (SC),Durga Kamal Rice Mills vs. CIT 265 ITR 25 (Cal.), CIT vs. Ishtiaq Hussain 232 ITR 673/148 CTR 367 (APP), T. Ashok Pai (2007) 292 ITR 11 (SC) and CIT &Anr. v. Manjunatha Cotton and Ginning Factory 359 ITR 565 (Karn). 5.2 The proceedings in respect of assessment and penalty are different and distinct notwithstanding the precondition that later has to be initiated in the course of former proceedings. Though expression 'assessment' is…

Ram Kishan Verma, Kota vs. PCIT (Circle), Jaipur

In the result appeal of the assessee in the ITA No

…the assessment proceedings and there is no identity between the two. For a penalty AO must bring more material to establish positive concealment. Kindly refer Anwar Ali 76 ITR 696 (SC),Durga Kamal Rice Mills vs. CIT 265 ITR 25 (Cal.), CIT vs. Ishtiaq Hussain 232 ITR 673/148 CTR 367 (APP), T. Ashok Pai (2007) 292 ITR 11 (SC) and CIT &Anr. v. Manjunatha Cotton and Ginning Factory 359 ITR 565 (Karn). 5.2 The proceedings in respect of assessment and penalty are different and distinct notwithstanding the precondition that later has to be initiated in the course of former proceedings. Though expression 'assessment' is…

Ram Kishan Verma, Kota vs. PCIT (Central), Jaipur

In the result appeal of the assessee in the ITA No

…the assessment proceedings and there is no identity between the two. For a penalty AO must bring more material to establish positive concealment. Kindly refer Anwar Ali 76 ITR 696 (SC),Durga Kamal Rice Mills vs. CIT 265 ITR 25 (Cal.), CIT vs. Ishtiaq Hussain 232 ITR 673/148 CTR 367 (APP), T. Ashok Pai (2007) 292 ITR 11 (SC) and CIT &Anr. v. Manjunatha Cotton and Ginning Factory 359 ITR 565 (Karn). 5.2 The proceedings in respect of assessment and penalty are different and distinct notwithstanding the precondition that later has to be initiated in the course of former proceedings. Though expression 'assessment' is…

Ram Kishan Verma, Kota vs. PCIT (Central), Jaipur

In the result appeal of the assessee in the ITA No

…the assessment proceedings and there is no identity between the two. For a penalty AO must bring more material to establish positive concealment. Kindly refer Anwar Ali 76 ITR 696 (SC),Durga Kamal Rice Mills vs. CIT 265 ITR 25 (Cal.), CIT vs. Ishtiaq Hussain 232 ITR 673/148 CTR 367 (APP), T. Ashok Pai (2007) 292 ITR 11 (SC) and CIT &Anr. v. Manjunatha Cotton and Ginning Factory 359 ITR 565 (Karn). 5.2 The proceedings in respect of assessment and penalty are different and distinct notwithstanding the precondition that later has to be initiated in the course of former proceedings. Though expression 'assessment' is…

Harish Jain, Kota vs. PCIT (Central), Jaipur

In the result appeal of the assessee in the ITA No

…the assessment proceedings and there is no identity between the two. For a penalty AO must bring more material to establish positive concealment. Kindly refer Anwar Ali 76 ITR 696 (SC),Durga Kamal Rice Mills vs. CIT 265 ITR 25 (Cal.), CIT vs. Ishtiaq Hussain 232 ITR 673/148 CTR 367 (APP), T. Ashok Pai (2007) 292 ITR 11 (SC) and CIT &Anr. v. Manjunatha Cotton and Ginning Factory 359 ITR 565 (Karn). 5.2 The proceedings in respect of assessment and penalty are different and distinct notwithstanding the precondition that later has to be initiated in the course of former proceedings. Though expression 'assessment' is…