SH. SACHIN ARORA,MATHURA vs. I.T.O.-3(4), MATHURA

In the result, all the appeals are allowed

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

271(1)(c), or whether it is not so, the initiation of penalty proceedings, as contained in or evincible from the assessment order amounting to sufficient notice to the assessee, as maintained by the Department. It is also up for adjudication as to whether, in case issuance of notice u/s 274 is to be taken as a mandatory statutory requirement

ZILA SAHKARI BANK LTD,JHANSI vs. DCIT -2(3)(1), JHANSI

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

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

u/s 271(1)(c) which has to be met by him. I.T.A No. 192/Agra/2017 15 & ITA No.193/Agra/2017 Therefore, considering the observation of the AO in the assessment order alongside his action of non striking off the irrelevant clause in the notice renders the notice non complying with the principles of natural justice and thus deleted the penalty. 27. Again similar

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

In the result, the appeal of the assessee is allowed

Bench: Shri M. Balaganesh(Through Virtual Hearing)

u/s 271(1)(c) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') dated 15.04.2019 by the Assessing Officer, DCIT, Circle-4 (2)(1), Farrukhabad (hereinafter referred to as 'Id. AO'). 2. Though the assessee had raised several grounds of appeal, the only effective issue to be decided in this appeal is as to whether the Learned

VECTUS INDUSTRIES LTD.,,GWALIOR vs. DCIT/ACIT 1(1) , GWALIOR

In the result, the appeal of the assessee is allowed

Bench: Shri M. Balaganesh(Through Virtual Hearing)

u/s 271(1)(c) of the Act. Accordingly, the Ground No. 4 raised by the assessee is allowed. Since the relief is granted based on Ground No. 4 itself, there is no need to separately adjudicate the other grounds raised by the assessee. 6. In the result, the appeal of the assessee is allowed. ITA No. 7/Ag/2023 – Asst Year

VECTUS INDUSTRIES LTD.,,GWALIOR vs. DCIT/ACIT 1(1), GWALIOR

In the result, the appeal of the assessee is allowed

Bench: Shri M. Balaganesh(Through Virtual Hearing)

u/s 271(1)(c) of the Act. Accordingly, the Ground No. 4 raised by the assessee is allowed. Since the relief is granted based on Ground No. 4 itself, there is no need to separately adjudicate the other grounds raised by the assessee. 6. In the result, the appeal of the assessee is allowed. ITA No. 7/Ag/2023 – Asst Year

VECTUS INDUSTRIES LTD.,GWALIOR vs. DCIT/ACIT 1(1), GWALIOR

In the result, the appeal of the assessee is allowed

Bench: Shri M. Balaganesh(Through Virtual Hearing)

u/s 271(1)(c) of the Act. Accordingly, the Ground No. 4 raised by the assessee is allowed. Since the relief is granted based on Ground No. 4 itself, there is no need to separately adjudicate the other grounds raised by the assessee. 6. In the result, the appeal of the assessee is allowed. ITA No. 7/Ag/2023 – Asst Year

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

Section 271(1)(c) without striking off the irrelevant portion, thereby rendering the initiation of penalty proceedings legally unsustainable. 5. Assessee filed application for admission of above additional ground. This being jurisdictional issue, all the material facts already available on record. He prayed that the same may be admitted for adjudication. The ld. DR has objected for admission. After considering

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

Section 271(1)(c) without striking off the irrelevant portion, thereby rendering the initiation of penalty proceedings legally unsustainable. 5. Assessee filed application for admission of above additional ground. This being jurisdictional issue, all the material facts already available on record. He prayed that the same may be admitted for adjudication. The ld. DR has objected for admission. After considering

SH. GIRRAJ KISHORE AGARWAL, HUF,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

u/s 271(1)(c). It is Said down that imposition of penalty under section 271(1)(c) is a civil liability and the burden of proof that there is no guilty mind is on the assessee. It is specifically stated that when the explanation offered is found to be false or when the assessee fails to provs. that the explanation

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

M/S VERMA SERVICE STATION,FIROZABAD vs. D.C.I.T., RANGE-5, FIROZABAD

In the result, the appeal of the assessee is dismissed

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meena

u/s 68 of the Act in the hands of the firm. 15. The Assessing Officer has to satisfy whether the penalty proceedings be initiated or not during the course of the assessment proceedings and the Assessing Officer is not required to record his satisfaction in a particular manner or reduce it into writing. The scope of section 271

SH. MANOJ AGRAWAL,GWALIOR vs. I.T.O.-2(2), GWALIOR

In the result the appeal of the assessee is required to be failed and accordingly we dismiss both the appeals

271(1)(b) were also issued to the assessee. 4. Thereafter, a Notice under section 142(1) along with a detailed Questionnaire was issued to the assessee fixing compliance on 28.11.2011. In response to Assessee along with his Chartered Accountant appeared before the AO on 12.12.2011, filed written reply along with Audit Report offering a sum of Rs14

SARIF,JALESAR, ETAH vs. ASSESSIN OFFICER, WARD-4(3)(1), DINESH NAGAR ETAH

In the result, both the appeals ITA Nos

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

u/s. 271(1)(c) of the Act, which is consequential to the quantum additions made in the assessment order. Since the issue relating to the quantum addition has been remanded back to the file of the learned CIT(Appeals) for fresh adjudication on merits, and as the present appeal pertains to the penalty imposed under section 271

SARIF,JALESAR ETAH vs. ASSESSING OFFICER, WARD-4(3)(1) , ETAH

In the result, both the appeals ITA Nos

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

u/s. 271(1)(c) of the Act, which is consequential to the quantum additions made in the assessment order. Since the issue relating to the quantum addition has been remanded back to the file of the learned CIT(Appeals) for fresh adjudication on merits, and as the present appeal pertains to the penalty imposed under section 271

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

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

section 56 of the Income Tax Act, hence AO is correct in law in treating it as "Income from other sources." This ground of the assessee is therefore dismissed. 6. Ld. Counsel for the assessee argued before us at length with the support of detailed paper book and synopsis which are placed on record. He submitted that the judgement relied