CIT v. Rakesh Nain Trivedi

M/S Eternal Heart Care Centre & Research Institute Pvt. Ltd., 3A, Jagatpura Road, Near Jawahar Circle, Jaipur vs. PCIT, Jaipur-2, Jaipur

In the result, appeal filed by the assessee is allowed

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

…proceedings because penalty proceedings are not part of assessment proceedings. Therefore, the Commissioner cannot pass an order u/s 263 pertaining to penalty. In this connection, reliance is placed on the following cases:- CIT Vs. Rakesh Nain Trivedi (2016) 128 DTR 309 (P&H) (HC) In this decision after considering the decisions of various High Courts, both in favour and against the assessee, it was held that CIT cannot direct the AO u/s 263 of the Act to initiate the penalty proceedings. The relevant Para 5 to 8 of the order is reproduced as under:- 5. After hearing learned counsel for the parties, we find the…

Sh. Dheeraj Singh Sisodiya, 005, Village Beedmandi, Nayagaon, Ramganjmandi, Kota vs. PCIT (Central), Jaipur

In the result, appeal of the assessee is allowed

…eedings are not part of assessment proceedings. 6 Shri Dheeraj Singh Sisodiya Therefore, the Commissioner cannot pass an order u/s 263 pertaining to penalty. In this connection, reliance is placed on the following cases:- CIT Vs. Rakesh Nain Trivedi (2016) 128 DTR 309 (P&H) (HC) (PB 11-14) In this decision after considering the decisions of various High Courts, both in favour and against the assessee, it was held that CIT cannot direct the AO u/s 263 of the Act to initiate the penalty proceedings.The relevant Para 5 to 8 of the order is reproduced as under:- 5. After hearing learned counsel for the parties, w…

Sh. Narendar Kumar Agarwal, Jawali Bhawan, Station Road, Alwar vs. PCIT, Jaipur-1, Jaipur

In the result the appeal of the assessee is allowed

…oceedings because penalty proceedings are not part of assessment proceedings. Therefore, the Commissioner cannot pass an order u/s 263 pertaining to penalty. In this connection, reliance is placed on the following cases:- • CIT Vs. Rakesh Nain Trivedi (2016) 128 DTR 309 (P&H) (HC) In this decision after considering the decisions of various High Courts, both in favour and against the assessee, it was held that CIT cannot direct the AO u/s 263 of the Act to initiate the penalty proceedings. The relevant Para 5 to 8 of the order is reproduced as under:- 5. After hearing learned counsel for the parties, we find th…

Lokesh Khandelwal, Mumbai vs. PCIT- Central Jaipur, Jaipur

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

…initiation of penalty proceedings under section 271AAB as the ld. PCIT is not authorized to do so. In support of his contention, the ld. A/R placed reliance on the decision of Hon’ble Punjab & Haryana High Court in case of CIT vs. Rakesh Nain Trivedi, (2016) 128 DTR 309 (P&H) and Hon’ble Rajasthan High Court in case of CIT vs. Keshrimal Parasmal (1986) 157 ITR 484 (Raj.). 6. After considering the totality of facts and circumstances of the case and the case laws cited before us, we are of the considered view that in the interest of 4 Shri Lokesh Khandelwal, Mumbai. natural justice, it will be appropriate to rem…