PREM LATA VERMA ,ALIGARH, UTTAR PRADESH vs. DCIT, CIRCLE 4(1)(1), ALIGARH, ALIGARH, UTTAR PRADESH

In the result, assessee’s appeal is allowed

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singhassessment Year: 2016-17

penalty u/s 271(1)(c) of the Act and by charging the interest u/s 234B of the Act. Ground No. 6: That the appellant reserves the right to add, modify, alter, amend or delete any of the grounds.” ADDITIONAL GROUND: "7. That the assessment order concluded 147 r.w.s 144 of the Act is bad in the eyes

M/S RAMESHTH CONSTRUCTION ,JHANSI vs. DCIT,CIRCLE-2(3)(1) , JHANSI

In the result, the appeal of the assessee is allowed

143(3) of the Act at total income Rs 4751370/- on 31-\n12-2012. The case of assessee was reopened u/s 147 of the Act and\nnotice u/s 148 of the Act was issued on 31-10-2014 and properly\nserved to the assessee. The A.O has completed the assessment on 28-\n04-2015 after making the addition

DIXIT RICE MILL ,AURAIYA vs. DCIT, BENGALURU

In the result, the appeal of assessee is treated as allowed for statistical

Bench: Shri Laliet Kumar & Dr. Mitha Lal Meena

u/s 143(1) being bad in law is liable to be quashed. 4. Because in any view of the matter, no opportunity was provided to the assessee, by the CPC, before making such disallowance and therefore the disallowance being made is against the principle of natural justice and bad in law and hence liable to be deleted. 5. Because

BLM HOSPITALS PRIVATE LIMITED ,FARRUKHABAD vs. DCIT CIRCLE 4(2)(1), FARRUKHABAD

In the result, the appeal of the assessee is allowed

u/s\n271(1)(c).\nTherefore it is held that penalty imposed under section 271(1)(c) amounting\nto Rs.11,32,386/- qua revised MAT Credit be hereby deleted .\"\n5.\nRespectfully following the same, we hold that the levy of penalty under\nsection 271(1)(c) of the Act for the inadvertent claim of MAT credit is hereby\ndeleted. Accordingly

TAHIR KHAN,JHANSI vs. INCOME TAX OFFICER-2(3)(1), JHANSI

In the result, assessee’s appeal is allowed

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singhassessment Year: 2014-15

143(3) of the Act, assessing total income of assessee at Rs.1,03,53,019/- as against declared income of Rs.5,32,240/-, by making disallowance of Rs.39,779/- towards share purchase expenses, adhoc disallowance of various other expenses amounting to Rs.50,000/- and addition of Rs.97,31,000/- u/s. 56(2)(vii) of the Act. Based on the above

YASH KUMAR GOYAL,GWALIOR vs. DCIT/ACIT 2(1), GWALIOR, GWALIOR

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

Bench: : Shri S. Rifaur Rahman

271(1)(c) dated 14/06/2019 & relevant quantum order U/s 153C / 143(3) dated 28/12/2018 are without jurisdiction. The penalty order as well as the quantum order are passed by the assessing officer who does not hold the valid charge to assessee the cases selected U/s 153A & 153C. 11. That the penalty is otherwise excessive, arbitrary, and deserves to be deleted

YASH KUMAR GOYAL,GWALIOR vs. DCIT/ACIT 2(1), GWALIOR, GWALIOR

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

Bench: : Shri S. Rifaur Rahman

271(1)(c) dated 14/06/2019 & relevant quantum order U/s 153C / 143(3) dated 28/12/2018 are without jurisdiction. The penalty order as well as the quantum order are passed by the assessing officer who does not hold the valid charge to assessee the cases selected U/s 153A & 153C. 11. That the penalty is otherwise excessive, arbitrary, and deserves to be deleted

MR. PRAMOD KUMAR KHANDELWAL,AGRA vs. DY.C.I.T.-1, AGRA

The appeals of the assessee are allowed in the terms indicated

Bench: Shri Laliet Kumar & Dr. Mitha Lal Meena

penalty proceedings U/S 271(1)(c) of I.T. Act, 1961. That the appellate order dated 30th March, 2016 passed by the 7. learned CIT(A)-I, Agra is against the law and facts of the assessee’s case. The appellant also seeks permission to modify and/or adduce any other ground/grounds of appeal as the circumstances of the case might require

MR. PRAMOD KUMAR KHANDELWAL,AGRA vs. DY.C.I.T.-1, AGRA

The appeals of the assessee are allowed in the terms indicated

Bench: Shri Laliet Kumar & Dr. Mitha Lal Meena

penalty proceedings U/S 271(1)(c) of I.T. Act, 1961. That the appellate order dated 30th March, 2016 passed by the 7. learned CIT(A)-I, Agra is against the law and facts of the assessee’s case. The appellant also seeks permission to modify and/or adduce any other ground/grounds of appeal as the circumstances of the case might require

K P ENTERPRISES,ETAWAH vs. ASSISTANT COMMISSIONER OF INCOME TAX , FIROZABAD

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

Bench: SHRIS.RIFAUR RAHMAN (Accountant Member), SHRI SUNIL KUMAR SINGH (Judicial Member)

section 271(1)(c) the Act. In the penalty order, the AO observed that the assessee firm was in the business of civil contracts and working for Government department during the period relevant to the AY 2014-15 and it filed its return of income on 26.11.2014 for the year under consideration declaring total income at Rs.41,98,630/-. Subsequently

MR .AKSHAT DONERIA ,NOIDA vs. ITO 4(1) , AGRA

In the result, the appeal of the assessee is allowed

Bench: Shri Shamim Yahya & Shri Yogesh Kumar Us

3. The brief facts of the case are that during the assessment proceedings on the notices issued under section 142(1) of the Act by the Assessing Officer, no compliance was made by the assessee and due to non-cooperation and willful default by the assessee, AO imposed the penalty under section 271(1)(b) of the Act vide order

SHIVA PRESERVATION PRIVATE LIMITED,ETAWAH vs. ITO, WARD 2(2)(5), ETAWAH

In the result, the appeal of the Assessee is allowed

Bench: Shri M. Balaganesh(Through Virtual Hearing) Shiva Preservation Pvt. Ltd, Vs. Ito, Kaist, Jawantnagar, Etawah, Ward-2(2)(5), Uttar Pradesh -206245 Etawah (Appellant) (Respondent) Pan: Aaecs3418D Assessee By : Shri Rajesh Malhotra, Ca Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 20/11/2025 Date Of Pronouncement /11/2025

u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as „the Act‟) dated 31.12.2016 by the Assessing Officer, Income Tax Officer, Ward-2(2)(5), Etawah (hereinafter referred to as „ld. AO‟). 2. At the outset, I find that there is a delay in filing of appeal by the Assessee before this Tribunal by 975 days. Considering

CHANDRAPAL SINGH,MATHURA vs. INCOME TAX OFICER SHIVPURI, SHIVPURI

In the result, all the three appeals of the assessee are allowed for

Bench: : Shri Ramit Kochar

Section 250(6). I clarify that I have not commented on the merits of the issues in the appeal. Accordingly, this appeal of the assessee in ITA No. 113/Agr/2024 for assessment year 2015-16, stands allowed for statistical purposes. I order accordingly. ITA No. 114/Agr/2024 (A.Y. 2016-17): 12. This appeal of the assessee in ITA No. 114/Agr/2024 for assessment

CHANDRAPAL SINGH,MATHURA vs. INCOME TAX OFFICER SHIVPURI, GWALIOR

In the result, all the three appeals of the assessee are allowed for

Bench: : Shri Ramit Kochar

Section 250(6). I clarify that I have not commented on the merits of the issues in the appeal. Accordingly, this appeal of the assessee in ITA No. 113/Agr/2024 for assessment year 2015-16, stands allowed for statistical purposes. I order accordingly. ITA No. 114/Agr/2024 (A.Y. 2016-17): 12. This appeal of the assessee in ITA No. 114/Agr/2024 for assessment

CHANDRAPAL SINGH,MATHURA vs. INCOME TAX OFFICER SHIVPURI, SHIPURI

In the result, all the three appeals of the assessee are allowed for

Bench: : Shri Ramit Kochar

Section 250(6). I clarify that I have not commented on the merits of the issues in the appeal. Accordingly, this appeal of the assessee in ITA No. 113/Agr/2024 for assessment year 2015-16, stands allowed for statistical purposes. I order accordingly. ITA No. 114/Agr/2024 (A.Y. 2016-17): 12. This appeal of the assessee in ITA No. 114/Agr/2024 for assessment

SMT. ASHA RANI GUPTA,AGRA vs. DY. C.I.T., CIRCLE-1, AGRA

In the result, appeal of the assessee is allowed

Bench: Shri A.D. Jain & Dr. Mitha Lal Meena

143(1) of the Act. Assessment was completed at a total income of Rs.37,83,100/- after making addition of Rs.1,72,181/-. The CIT(A) dismissed the appeal and confirmed the addition. This addition has further been confirmed by Tribunal in ITA 22/Agra/2013. The Assessing Officer imposed the penalty of Rs. 52,000/- u/s 271

DCIT CENTRAL CIRCLE, AGRA vs. LT. SHRI MRADUL GARG, MATHURA

In the result, the appeals of the assessee are allowed and those of Revenue are

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

3. On the other hand, the ld. DR had submitted that the legal grounds raised by the assessee is not born out on record and the ld.DR relied upon the decision of Hon’ble Bombay High Court in the matter of Ultratech Cement Ltd. (ITA No. 1060 of 2014). Further, it was submitted that the order passed u/s. 153D

ACIT CENTRAL CIRCLE, AGRA vs. D.S. INDIA JEWELMART P LTD, MATHURA

In the result, the appeals of the assessee are allowed and those of Revenue are

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

3. On the other hand, the ld. DR had submitted that the legal grounds raised by the assessee is not born out on record and the ld.DR relied upon the decision of Hon’ble Bombay High Court in the matter of Ultratech Cement Ltd. (ITA No. 1060 of 2014). Further, it was submitted that the order passed u/s. 153D