CIT v. Jai Laxmi Rice Mills

379 ITR 521Supreme Court of India2015#975 most cited

What is CIT v. Jai Laxmi Rice Mills authority for?

The assessing officer must record explicit satisfaction in the assessment order for initiating penalty proceedings under sections like 271D, 271E, 269SS, 269T, or 269ST; a mere recommendation or information to another authority is insufficient to validate the penalty.

110

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2016 to 2026.

Also referred to as

CIT v. Jai Laxmi Rice Mills · penalty initiation satisfaction · recording satisfaction assessment order · Section 271D penalty · Section 271E penalty · Section 269SS penalty · Section 269ST penalty · Assessing Officer satisfaction · validity of penalty proceedings · penalty under section 269T

Sections most often in play

Section 271DSection 269SSSection 143(3)Section 271ESection 269TSection 271(1)(c)Section 273BSection 147

Issues it is cited on

penalty under section 271esatisfaction for initiation of penaltysection 275(1)(c)penalty under section 271dsection 275(1)(a)section 271esection 269tsection 275(1)section 143(l)(a)section 269stsection 269sssection 275

Judgments citing CIT v. Jai Laxmi Rice Mills

Assistant Commissioner of Income Tax, Jalgoan vs. Sunil Ramnarayan Mantri, Jalgaon

In the result, the appeal of the Revenue is dismissed

ITA 269/PUN/2024[2016-17]Status: DisposedITAT Pune29 Nov 2024AY 2016-17

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Shri Sanket M. JoshiFor Respondent: Shri Arvind Desai
Section 143(3)Section 269TSection 271ESection 275(1)(c)

…A.O. had not recorded any satisfaction regarding initiation of penalty proceedings u/s 271E and therefore, the penalty order u/s 271E in the instant case is not sustainable in view of the law laid down by Hon'ble Supreme Court in case of Jai Laxmi Rice Mills [379 ITR 521]. 2. The penalty order u/s 271E dated 12.03.2022 may be declared as null and void in law, in as much as, the penalty proceedings u/s 271E were initiated much after completion of the asst. proceedings u/s 143(3) for A.Y.2016 17 and the said penalty proceedings were not initiated in the course of any proceedings before the A.O. and therefore, the p…

Asha Vinod Tatte, Amravati vs. Income Tax Officer, Ward-1, Amravati

In the result, appeal filed by the assessee is allowed

ITA 5/NAG/2024[2019-20]Status: DisposedITAT Nagpur01 Oct 2024AY 2019-20

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Kishore P. DewaniFor Respondent: Shri Abhay Y. Marathe
Section 139Section 2(14)Section 269Section 269SSection 271Section 271DSection 273B

…nder section 271D is without recording satisfaction in the course of assessment proceedings and thus levy of penalty is bad in law. In support of his arguments, the learned Counsel relied upon the following case laws:– i) CIT v/s Jai Laxmi Rice Mills, [2015] 379 ITR 521 (SC); and ii) Shri Bhowmick Raj Singh v/s JCIT, ITA no.128/Rpr./2016, A.Y. 2010–11, order darted 02/01/2011, reported as (Rai–Trib.) 2024 ITL 275. 6. The learned Departmental Representative vehemently supported the order of the authorities below. 7. We have given a thoughtful consideration to the arguments made by the rival parties and perused t…

DCIT Central Circle-2, Bhubaneswar vs. M/S. Hotel Sukhamaya Pvt. Ltd, Bhubaneswar

In the result, all the three appeals of the Revenue are dismissed

ITA 206/CTK/2022[2012-13]Status: DisposedITAT Cuttack18 Sept 2024AY 2012-13
Section 132Section 269SSection 271D

…be initiated unless a prima facie satisfaction is recorded by the Assessing Officer which should be reflected in the assessment order. This proposition finds Support from the order of Hon’ble Supreme Court in the case of CIT vs. Jai Laxmi Rice Mills(2015) 379 ITR 521 (SC) wherein it is held as under. Section 271E of the Income-tax Act, 1961 - Penalty - For failure to comply with section 269T (Recording of satisfaction) - Assessment years 1991-92 and 1992-93 - Assessee was engaged in large scale purchase and sale of wheat - For relevant years, Assessing Officer passed assessment order determining certain taxa…

DCIT Central Circle-2, Bhubaneswar vs. M/S. Hotel Sukhamaya Pvt. Ltd, Bhubaneswar

In the result, all the three appeals of the Revenue are dismissed

ITA 205/CTK/2022[2009-10]Status: DisposedITAT Cuttack18 Sept 2024AY 2009-10
Section 132Section 269SSection 271D

…be initiated unless a prima facie satisfaction is recorded by the Assessing Officer which should be reflected in the assessment order. This proposition finds Support from the order of Hon’ble Supreme Court in the case of CIT vs. Jai Laxmi Rice Mills(2015) 379 ITR 521 (SC) wherein it is held as under. Section 271E of the Income-tax Act, 1961 - Penalty - For failure to comply with section 269T (Recording of satisfaction) - Assessment years 1991-92 and 1992-93 - Assessee was engaged in large scale purchase and sale of wheat - For relevant years, Assessing Officer passed assessment order determining certain taxa…

Income Tax Officer, Ward -4, Amravati vs. Shri Mahesh Shankar Sorate, Daryapur

In the result, appeal filed by the Revenue is dismissed

ITA 250/NAG/2018[2013-14]Status: DisposedITAT Nagpur29 Jul 2024AY 2013-14

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Abhay Y. Marathe
Section 143(3)Section 269Section 269TSection 271E

…ment of Income Tax Appellate Tribunal, "F" Bench, Mumbai vide ITA No.5668 & 5669/Mum/2013 in case of M/s. Vave Infotainment Network Ltd. - Vs.- Addl. Commissioner of Income Tax. Hon'ble Apex Court in the case of CIT vs. Jai Laxmi Rice Mills reported in (2015) 379 ITR 521 (SC), dealing with the levy of penalty under section 271D of the Act, has held that if there is no satisfaction recorded in the order of assessment regarding initiation of penalty proceedings under section 271D of the Act, then no penalty thereunder could be levied. We have, respectfully perused a copy of the aforesaid judgement of the Hon'ble Ap…

Ravi Nirman Nigam Limited, Mumbai vs. Circle 13(3)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 4324/MUM/2023[2010-11]Status: DisposedITAT Mumbai10 Jul 2024AY 2010-11

Bench: Shri Satbeer Singh Godara (Jm) & Shri Girish Agrawal (Am)

Section 1Section 143(3)Section 147Section 148Section 153CSection 269SSection 270Section 271D

…ed, assessee is in appeal before the Tribunal. 7. Before us, ld. Counsel for the assessee strongly emphasized on ground No.1 taken before us. He placed reliance on the decision of Hon’ble Supreme Court in the case of CIT vs. M/S Jayalakshmi Rice Mills [2015] 379 ITR 521 (SC), wherein the Hon’ble Court was concerned with the question as to whether penalty proceeding u/s. 271D of the Act is independent of the assessment proceeding. The decision given by the Hon’ble Court is crisp and to the point, directly dealing with the issue before us. The same is reproduced as under for ease of reference. “In these appeals,…

Skill Promoters Private Limited, Hyderabad vs. ACIT, Central Circle-2(3), Hyderabad

In the result, appeals filed by the assessee for all the 3

ITA 116/HYD/2024[2019-20]Status: DisposedITAT Hyderabad03 Jul 2024AY 2019-20

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita Nos.114 To 116/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2017-18 To 2019-2020) Skill Promoters (P) Ltd Vs. Asstt. C. I. T. Hyderabad Central Circle 2(3) Pan:Aawcs1257Q Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Moha Rao, Ca राज" व "ारा/Revenue By:: Smt. Th Vijaya Lakshmi, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 27/06/2024 घोषणा की तारीख/Pronouncement: 03/07/2024 आदेश/Order

For Appellant: Shri P. Murali Moha Rao, CaFor Respondent: : Smt. TH Vijaya Lakshmi, CIT(DR)
Section 132Section 143(3)Section 153ASection 153DSection 263Section 269SSection 271D

…of section 269SS of the I.T. Act, 1961, which attracts penal provisions u/s 271D of the Act. The learned PCIT has discussed the issue in the light of decision of Hon'ble Supreme Court, in the case of CIT vs Jai Laxmi Rice Mills Amabala City reported in (2015) 379 ITR 521 (S.C) where it has been held that non recording of the satisfaction during the course of assessment proceedings is fatal and consequently, the penalty proceedings cannot be sustained and thus by considering the ratio laid down by the Hon'ble Supreme Court held that non-recording of the satisfaction by the Assessing Officer during the course of as…

Skill Promoters Private Limited, Hyderabad vs. ACIT, Central Circle-2(3), Hyderabad

In the result, appeals filed by the assessee for all the 3

ITA 115/HYD/2024[2018-19]Status: DisposedITAT Hyderabad03 Jul 2024AY 2018-19

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita Nos.114 To 116/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2017-18 To 2019-2020) Skill Promoters (P) Ltd Vs. Asstt. C. I. T. Hyderabad Central Circle 2(3) Pan:Aawcs1257Q Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Moha Rao, Ca राज" व "ारा/Revenue By:: Smt. Th Vijaya Lakshmi, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 27/06/2024 घोषणा की तारीख/Pronouncement: 03/07/2024 आदेश/Order

For Appellant: Shri P. Murali Moha Rao, CaFor Respondent: : Smt. TH Vijaya Lakshmi, CIT(DR)
Section 132Section 143(3)Section 153ASection 153DSection 263Section 269SSection 271D

…of section 269SS of the I.T. Act, 1961, which attracts penal provisions u/s 271D of the Act. The learned PCIT has discussed the issue in the light of decision of Hon'ble Supreme Court, in the case of CIT vs Jai Laxmi Rice Mills Amabala City reported in (2015) 379 ITR 521 (S.C) where it has been held that non recording of the satisfaction during the course of assessment proceedings is fatal and consequently, the penalty proceedings cannot be sustained and thus by considering the ratio laid down by the Hon'ble Supreme Court held that non-recording of the satisfaction by the Assessing Officer during the course of as…

Skill Promoters Private Limited, Hyderabad vs. ACIT., Central Circle-2(3), Hyderabad

In the result, appeals filed by the assessee for all the 3

ITA 114/HYD/2024[2017-18]Status: DisposedITAT Hyderabad03 Jul 2024AY 2017-18

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita Nos.114 To 116/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2017-18 To 2019-2020) Skill Promoters (P) Ltd Vs. Asstt. C. I. T. Hyderabad Central Circle 2(3) Pan:Aawcs1257Q Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Moha Rao, Ca राज" व "ारा/Revenue By:: Smt. Th Vijaya Lakshmi, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 27/06/2024 घोषणा की तारीख/Pronouncement: 03/07/2024 आदेश/Order

For Appellant: Shri P. Murali Moha Rao, CaFor Respondent: : Smt. TH Vijaya Lakshmi, CIT(DR)
Section 132Section 143(3)Section 153ASection 153DSection 263Section 269SSection 271D

…of section 269SS of the I.T. Act, 1961, which attracts penal provisions u/s 271D of the Act. The learned PCIT has discussed the issue in the light of decision of Hon'ble Supreme Court, in the case of CIT vs Jai Laxmi Rice Mills Amabala City reported in (2015) 379 ITR 521 (S.C) where it has been held that non recording of the satisfaction during the course of assessment proceedings is fatal and consequently, the penalty proceedings cannot be sustained and thus by considering the ratio laid down by the Hon'ble Supreme Court held that non-recording of the satisfaction by the Assessing Officer during the course of as…

Ravi Nirman Nigam Limited, Mumbai vs. Circle -13(3)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 4141/MUM/2023[2011-12]Status: DisposedITAT Mumbai28 Jun 2024AY 2011-12

Bench: Ms. Kavitha Rajagopal & Shri Girish Agrawal

For Appellant: Shri Akshay Jain, CAFor Respondent: Smt. Mahita Nair, Sr. DR
Section 143(3)Section 147Section 148Section 153CSection 269SSection 270Section 271DSection 271E

…l. Ravi Nirman Nigam Ltd., AY 2011-12 & 2010-11 7. Before us, ld. Counsel for the assessee strongly emphasized on ground No.1 taken before us. He placed reliance on the decision of Hon’ble Supreme Court in the case of CIT vs. M/S Jayalakshmi Rice Mills [2015] 379 ITR 521 (SC), wherein the Hon’ble Court was concerned with the question as to whether penalty proceeding u/s. 271D of the Act is independent of the assessment proceeding. The de- cision given by the Hon’ble Court is crisp and to the point, directly dealing with the issue before us. The same is reproduced as under for ease of reference. “In these appeals,…

Ravi Nirman Nigam Limited, Mumbai vs. Circle -13(3)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 4140/MUM/2023[2011-12]Status: DisposedITAT Mumbai28 Jun 2024AY 2011-12
Section 143(3)Section 147Section 148Section 153CSection 269SSection 270Section 271DSection 271E

…ved, assessee is in appeal before the Tribunal. 7. Before us, ld. Counsel for the assessee strongly emphasized on ground No.1 taken before us. He placed reliance on the decision of Hon'ble Supreme Court in the case of CIT vs. M/S Jayalakshmi Rice Mills [2015] 379 ITR 521 (SC), wherein the Hon'ble Court was concerned with the question as to whether penalty proceeding u/s. 271D of the Act is independent of the assessment proceeding. The de- cision given by the Hon'ble Court is crisp and to the point, directly dealing with the issue before us. The same is reproduced as under for ease of reference. “In these appeals,…

Ravi Nirman Nigam Limited, Mumbai vs. Circle 13(3)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 4121/MUM/2023[2010-11]Status: DisposedITAT Mumbai28 Jun 2024AY 2010-11

Bench: Ms. Kavitha Rajagopal & Shri Girish Agrawal

For Appellant: Shri Akshay Jain, CAFor Respondent: Smt. Mahita Nair, Sr. DR
Section 143(3)Section 147Section 148Section 153CSection 269SSection 270Section 271DSection 271E

…l. Ravi Nirman Nigam Ltd., AY 2011-12 & 2010-11 7. Before us, ld. Counsel for the assessee strongly emphasized on ground No.1 taken before us. He placed reliance on the decision of Hon’ble Supreme Court in the case of CIT vs. M/S Jayalakshmi Rice Mills [2015] 379 ITR 521 (SC), wherein the Hon’ble Court was concerned with the question as to whether penalty proceeding u/s. 271D of the Act is independent of the assessment proceeding. The de- cision given by the Hon’ble Court is crisp and to the point, directly dealing with the issue before us. The same is reproduced as under for ease of reference. “In these appeals,…

Tarai Transport Corporation, Siliguri vs. JCIT, Range-1, Siliguri

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

ITA 273/KOL/2024[2016-17]Status: DisposedITAT Kolkata05 Jun 2024AY 2016-17

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 143(3)Section 250Section 269SSection 271Section 271D

…han through an account payee cheque or account payee draft. Regarding the necessity of satisfaction being recorded by the Assessing Officer (in short ld. 'AO'), the ld. A/R relied on the case of CIT vs. M/s. Jai Laxmi Rice Mills Ambala City reported in (2015) 379 ITR 521 (SC). 3.1. Ld. A/R also placed before us ITAT’s order in the assessee’s own case bearing ITA No. 325/KOL/2017 for AY 2001-02. Through this order the Hon'ble ITAT had accepted the contention of the appellant regarding loans and advances received from three entities, including M/s. Sunil Kumar Kundu, the same person or entity i.e. the subject matte…

DCIT, Circle-6, Jaipur, Ncrb vs. Barmer Lignite Mining Company Limited, Jaipur

In the result, the appeal of the Revenue is dismissed

ITA 71/JPR/2024[2012-13]Status: DisposedITAT Jaipur04 Jun 2024AY 2012-13

Bench: SHRI SANDEEP GOSAIN (Judicial Member), DR MITHA LAL MEENA (Accountant Member)

For Appellant: Shri P.C. Parwal CAFor Respondent: Shri Arvind Kumar, CIT-DR fu/kZkfjrh dh vksj ls@
Section 143(3)Section 271(1)(c)

…original order passed by AO and penalty initiated on both these issue in original order won't survive. 9.2 The same issue has also been considered and decided by the Hon'ble Supreme Court in the case of CIT Panchkula Vs Jai Laxmi Rice Mills Ambala City(2015) 379 ITR 521. The relevant excerpt is reproduced as below: 11 DCIT, CIRCLE-6, JAIPUR VS BARMER LIGNITE MINING COMPANY LTD., JAIPUR ‘’In respect of Assessment Year 1992-1993, assessment order was passed on 26.02.1996 on the basis of CIB information informing the Department that the assessee is engaged in large scale purchase and sale of wheat, but it is not…

Gayatri Villa, New Delhi vs. JCIT Central Range, Meerut

In the result, both the appeals of the assessee in ITA Nos

ITA 616/DEL/2024[2017-18]Status: DisposedITAT Delhi31 May 2024AY 2017-18

Bench: Shri Saktijit Dey & Shri Naveen Chandra

For Appellant: Shri Kapil Goel, AdvFor Respondent: Shri Vivek Kumar Upadhyay
Section 133ASection 143(3)Section 147Section 269SSection 271(1)(c)Section 271D

…e Assessing Officer. 10. Aggrieved further, the assessee is in appeal before the Tribunal. 11. Before us, at the very outset, the ld. counsel for the assessee vehemently relied upon the decision of the Hon'ble Apex Court in the case of Jai Laxmi Rice Mills 379 ITR 521 [SC] and the decision of the Hon'ble High Court of Gujarat in the case of PCIT Vs. Parivar Television Pvt Ltd Tax Appeal No. 674/2023 order dated 09.10.2023. 12. The ld. counsel for the assessee argued that there was no valid satisfaction recorded by the Assessing Officer in his order u/s 143(3) for initiating penalty u/s 271D of the Act. The…

Gayatri Villa, New Delhi vs. JCIT Central Range, Meerut

In the result, both the appeals of the assessee in ITA Nos

ITA 615/DEL/2024[2016-17]Status: DisposedITAT Delhi31 May 2024AY 2016-17

Bench: Shri Saktijit Dey & Shri Naveen Chandra

For Appellant: Shri Kapil Goel, AdvFor Respondent: Shri Vivek Kumar Upadhyay
Section 133ASection 143(3)Section 147Section 269SSection 271(1)(c)Section 271D

…e Assessing Officer. 10. Aggrieved further, the assessee is in appeal before the Tribunal. 11. Before us, at the very outset, the ld. counsel for the assessee vehemently relied upon the decision of the Hon'ble Apex Court in the case of Jai Laxmi Rice Mills 379 ITR 521 [SC] and the decision of the Hon'ble High Court of Gujarat in the case of PCIT Vs. Parivar Television Pvt Ltd Tax Appeal No. 674/2023 order dated 09.10.2023. 12. The ld. counsel for the assessee argued that there was no valid satisfaction recorded by the Assessing Officer in his order u/s 143(3) for initiating penalty u/s 271D of the Act. The…

Amit Kapoor, Chennai vs. CIT, Exemptions, Chennai

ITA 1445/CHNY/2023[2017-18]Status: DisposedITAT Chennai29 May 2024AY 2017-18

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./Ita No.1415/Chny/2023 िनधा"रण वष"/Assessment Year: 2017-18 V. Shri Samiappagounder Dharmaraj, The Addl.Cit, 56/88, Rayapuram Extension, Range-1, 1St Street, Tirupur. Tirupur-641 601. [Pan: Adypd 3863 F] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri S. SridharFor Respondent: Shri D. Hema Bhupal, JCIT
Section 142(1)Section 144Section 270ASection 271D

…penalty u/s.271D of the Act submitted that AO while passing the assessment order dated 25.12.2019 only initiated penalty proceedings u/s.270A of the Act, and not u/s 271D, therefore referring to the Hon’ble Apex Court order in CIT vs Jai Laxmi Rice Mills [379 ITR 521(SC)], he contented that penalty levied u/s 271D was without any satisfaction and therefore, no such penalty could be levied. Further, he contented that initiation of penalty by JCIT by issuing notice dated 17.01.2022 itself was bad, since the notice was issued u/s.271DA of the Act, which was meant for violating the provisions of Sec.269ST of th…

Samiappagounder Dharmaraj, Tirupur vs. Addl. CIT, Range-1, Tirupur

ITA 1415/CHNY/2023[2017-18]Status: DisposedITAT Chennai29 May 2024AY 2017-18

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./Ita No.1415/Chny/2023 िनधा"रण वष"/Assessment Year: 2017-18 V. Shri Samiappagounder Dharmaraj, The Addl.Cit, 56/88, Rayapuram Extension, Range-1, 1St Street, Tirupur. Tirupur-641 601. [Pan: Adypd 3863 F] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri S. SridharFor Respondent: Shri D. Hema Bhupal, JCIT
Section 142(1)Section 144Section 270ASection 271D

…penalty u/s.271D of the Act submitted that AO while passing the assessment order dated 25.12.2019 only initiated penalty proceedings u/s.270A of the Act, and not u/s 271D, therefore referring to the Hon’ble Apex Court order in CIT vs Jai Laxmi Rice Mills [379 ITR 521(SC)], he contented that penalty levied u/s 271D was without any satisfaction and therefore, no such penalty could be levied. Further, he contented that initiation of penalty by JCIT by issuing notice dated 17.01.2022 itself was bad, since the notice was issued u/s.271DA of the Act, which was meant for violating the provisions of Sec.269ST of th…

DCIT, Centralcircle-2(2), Chennai vs. Subramaniam Thanu, Chennai

In the result, all the appeals filed by the Revenue as well as Cross

ITA 788/CHNY/2023[2016-17]Status: DisposedITAT Chennai13 Mar 2024AY 2016-17

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.785, 786, 787 & 788/Chny/2023 िनधा"रण वष"/Assessment Years: 2015-16 & 2016-17 & C.O. Nos. 40, 41, 42 & 43/Chny/2023 (In I.T.A. Nos.785 To 788/Chny/2023)

For Respondent: Shri A. Sasi Kumar, CIT
Section 132Section 269SSection 269TSection 271(1)(c)Section 271DSection 271E

…ed assessment order regarding the violation of the provisions of Sec.269SS of the Act by the appellant. In support of this contention, the appellant placed reliance on the decision of the Hon'ble Supreme Court in the case of CIT Vs. Jai Laxmi Rice Mills (2015)379 ITR 521 (SC), wherein it was held that no penalty u/s.271E could be levied in the absence of recording of satisfaction by the AO in the assessment order. The appellant also placed reliance on the decision of the Hon'ble Telangana High Court in WP No.44285 of 2022 in the case of Srinivas a Reddy Reddeppagari Vs JCIT wherein the Hon'ble High Court followed…

DCIT, Centralcircle-2(2), Chennai vs. Subramaniam Thanu, Chennai

In the result, all the appeals filed by the Revenue as well as Cross

ITA 787/CHNY/2023[2016-17]Status: DisposedITAT Chennai13 Mar 2024AY 2016-17

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.785, 786, 787 & 788/Chny/2023 िनधा"रण वष"/Assessment Years: 2015-16 & 2016-17 & C.O. Nos. 40, 41, 42 & 43/Chny/2023 (In I.T.A. Nos.785 To 788/Chny/2023)

For Respondent: Shri A. Sasi Kumar, CIT
Section 132Section 269SSection 269TSection 271(1)(c)Section 271DSection 271E

…ed assessment order regarding the violation of the provisions of Sec.269SS of the Act by the appellant. In support of this contention, the appellant placed reliance on the decision of the Hon'ble Supreme Court in the case of CIT Vs. Jai Laxmi Rice Mills (2015)379 ITR 521 (SC), wherein it was held that no penalty u/s.271E could be levied in the absence of recording of satisfaction by the AO in the assessment order. The appellant also placed reliance on the decision of the Hon'ble Telangana High Court in WP No.44285 of 2022 in the case of Srinivas a Reddy Reddeppagari Vs JCIT wherein the Hon'ble High Court followed…