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

42. considering ‘MAK Data (P) Ltd.’, held the penalty order to be unsustainable in law, placing reliance on ‘Manjunath Cotton’ (supra). In “ACIT vs. Deepesh M. Panjwani”, (supra), while examining the validity 43. of the penalty order in the light of the objection raised by the assessee regarding the validity of the penalty notice issued on the basis of both

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

42. & 5878/Mum/2012. (ITAT, Mum). while examining the validity of Penalty order in the light of objection raised by the assessee regarding the validity of Penalty Notice issued on the basis of both the charges vide Order dated 18.03.2016 placing reliance to the Judgments in the cases of ‘Manjunath Cotton & Ginning Factory’ (supra) held penalty to be unsustainable in law. Xerox

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 271(1)(C). In this case assessee has made a claim which is wholly without any basis and the explanation furnished to explain the cash deposits in terms of advance for sale of land is also found to be wrong as assessee could not file any details of land that was sold or any agreement to sell

M/S NARESH KATARE, CONTRACTOR,GWALIOR vs. A.C.I.T., CIRCLE-3, GWALIOR

In the result, appeals of the assessee is allowed

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

Section 271(l)(c) where the addition was also sustained by the Hon'ble ITAT by applying the net profit rate of 3%. The penalty so imposed was cancelled by the CIT (Appeals) and the order of CIT (Appeals) cancelling the penalty was sustained by ITAT, Agra Bench. In Assessment Year 2009-10, in the present year, the penalty

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

JAY SINGH,AGRA vs. INCOME TAX OFFICER, 2(1)(1), AGRA, AGRA

In the result, ITA No. 200, 201 & 198/Agr/2025 are allowed for

Bench: : Shri M. Balaganesh & Shri Sunil Kumar Singh

penalty order dated 22.09.2022 passed u/s. 271(1)(c) of the Act. 2. The facts in all the three appeals are almost either similar or consequential. Hence, for the sake of brevity and convenience, these appeals are being decided by the common order. The facts of ITA No. 200/Agr/2025 for the assessment year 2013-14 are only being narrated

JAY SINGH,AGRA vs. INCOME TAX OFFICER, 2(1)(1), AGRA, AGRA

In the result, ITA No. 200, 201 & 198/Agr/2025 are allowed for

Bench: : Shri M. Balaganesh & Shri Sunil Kumar Singh

penalty order dated 22.09.2022 passed u/s. 271(1)(c) of the Act. 2. The facts in all the three appeals are almost either similar or consequential. Hence, for the sake of brevity and convenience, these appeals are being decided by the common order. The facts of ITA No. 200/Agr/2025 for the assessment year 2013-14 are only being narrated

JAY SINGH,AGRA vs. INCOME TAX OFFICER, 2(1)(1), AGRA, AGRA

In the result, ITA No. 200, 201 & 198/Agr/2025 are allowed for

Bench: : Shri M. Balaganesh & Shri Sunil Kumar Singh

penalty order dated 22.09.2022 passed u/s. 271(1)(c) of the Act. 2. The facts in all the three appeals are almost either similar or consequential. Hence, for the sake of brevity and convenience, these appeals are being decided by the common order. The facts of ITA No. 200/Agr/2025 for the assessment year 2013-14 are only being narrated

AMIT JAIN,FIROZABAD vs. ITO-2(2)(1), FIROZABAD

In the result, the appeal is dismissed”

Bench: The Learned Cit (A).

271(1)(c) causing prejudice and taking away the right of the assessee to raise the issue in first appeal as and when penalty is levied. Because, while making the assessment the ‘AO’ and while sustaining 3. addition Ld. ‘CIT(A)’ made various observations/conclusions which are contrary to facts available on records. 4. Because the appellant denies liability of interest

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

42,320/-. 4. Assessee filed first appeal before learned CIT(Appeals). Assessee remained un-responded before the first appellate authority against various notices issued u/s. 250 of the Act. Learned CIT(Appeals) dismissed assessee’s first appeal ex parte and confirmed the assessment order. 5. Assessee has filed this appeal on the following grounds : “1. Ground

A.C.I.T., CIRCLE-2,, AGRA vs. M/S SAKSHI TAIRI & CHHAYA BATTAD, MORENA

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

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

Penalty proceedings u/s 271(1)© of the I.T. Act, 1961 are initiated for filing inaccurate particulars of income.” 10. The assessee preferred an appeal before the ld. CIT(A). The ld. CIT(A) vide order dated 10.02.2014 has allowed the appeal of the assessee in ITA No. 124/Agr/2014 and have deleted the addition in respect of ground no.1, the paragraphs

A.C.I.T., CIRCLE-2, GWALIOR vs. M/S SUNIL KUMAR MITTAL & MAMTA MITTAL, MORENA

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

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

Penalty proceedings u/s 271(1)© of the I.T. Act, 1961 are initiated for filing inaccurate particulars of income.” 10. The assessee preferred an appeal before the ld. CIT(A). The ld. CIT(A) vide order dated 10.02.2014 has allowed the appeal of the assessee in ITA No. 124/Agr/2014 and have deleted the addition in respect of ground no.1, the paragraphs

A.C.I.T., CIRCLE-2, GWALIOR vs. M/S SHYAM SUNDER & MANISH TAORI, MORENA

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

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

Penalty proceedings u/s 271(1)© of the I.T. Act, 1961 are initiated for filing inaccurate particulars of income.” 10. The assessee preferred an appeal before the ld. CIT(A). The ld. CIT(A) vide order dated 10.02.2014 has allowed the appeal of the assessee in ITA No. 124/Agr/2014 and have deleted the addition in respect of ground no.1, the paragraphs

A.C.I.T.,CIRCLE-2, GWALIOR vs. M/S VANDANA JAIN & RAMA BANSAL, MORENA

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

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

Penalty proceedings u/s 271(1)© of the I.T. Act, 1961 are initiated for filing inaccurate particulars of income.” 10. The assessee preferred an appeal before the ld. CIT(A). The ld. CIT(A) vide order dated 10.02.2014 has allowed the appeal of the assessee in ITA No. 124/Agr/2014 and have deleted the addition in respect of ground no.1, the paragraphs

A.C.I.T., CIRCLE-2, GWALIOR vs. M/S RAKESH SHIVHARE & NISHA MITTAL, MORENA

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

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

Penalty proceedings u/s 271(1)© of the I.T. Act, 1961 are initiated for filing inaccurate particulars of income.” 10. The assessee preferred an appeal before the ld. CIT(A). The ld. CIT(A) vide order dated 10.02.2014 has allowed the appeal of the assessee in ITA No. 124/Agr/2014 and have deleted the addition in respect of ground no.1, the paragraphs

SMT. GARIMA MEHTA,GWALIOR vs. I.T.O., WARD-1(2), GWALIOR

In the result, the appeal is partly allowed

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

penalty proceedings. The revised return has not been accepted. So, the issue ought to have been decided by the ld. CIT(A) on merit. For the purpose, the matter is now remitted to the ld. CIT(A). The ld. CIT(A) shall afford due and adequate opportunity of hearing to the assessee to support her case and then decide