SHRI SANTOKH SINGH ,AMRITSAR vs. INCOME TAX OFFICER WARD- 2 (1), AMRITSAR

The appeals of the assessees are disposed of in the terms indicated as above

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 273B encompasses that certain penalties "shall" not be imposed in cases where "reasonable cause". 10. It is seen that penalty imposable u/s. 271

SHRI SANTOKH SINGH ,AMRITSAR vs. INCOME TAX OFFICER WARD -2 (1), AMRITSAR

The appeals of the assessees are disposed of in the terms indicated as above

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 273B encompasses that certain penalties "shall" not be imposed in cases where "reasonable cause". 10. It is seen that penalty imposable u/s. 271

M/S KASHMIR STEEL ROLLING MILLS,JAMMU vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAMMU

In the result, the assessee’s appeal is partly allowed

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 548/(Asr)/2016 Assessment Year: 2009-10

u/s. 271(1)(c). This is precisely what stands clarified by the Hon'ble Delhi High Court in Madhushree Gupta & Ors v. Union of India [2009] 317 ITR 107 (Del), a copious decision rendered under writ jurisdiction on a challenge to the vires of the provision (section 271(1B)). Upholding its’ constitutionality, it again emphasized on the primacy

SHRI GULZAR SINGH. GURBACHAN SINGH,BATHINDA vs. PRINCIPAL COMMISSIONER OF INCOME TAX , BATHINDA

In the result, both the appeals are allowed

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

section 271(1) (c) is to penalize the assessee for concealment of particulars of income and/or furnishing inadequate particulars of such income. To our understanding, penalty cannot be imposed just for making incorrect claim in view of four principles laid down by Apex Court’s Judgment in “CIT vs Reliance Petroproducts Pvt Ltd”, [2010] 322 ITR 158 that- 1. Penalty

SHRI GULZAR SINGH , GURBACHAN SINGH,BATHINDA vs. PRINCIPAL COMMISSIONER OF INCOME TAX, BATHINDA

In the result, both the appeals are allowed

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

section 271(1) (c) is to penalize the assessee for concealment of particulars of income and/or furnishing inadequate particulars of such income. To our understanding, penalty cannot be imposed just for making incorrect claim in view of four principles laid down by Apex Court’s Judgment in “CIT vs Reliance Petroproducts Pvt Ltd”, [2010] 322 ITR 158 that- 1. Penalty

SH. JINDER PAL,AMRITSAR vs. INCOME TAX OFFICER, WARD - 4(2), AMRITSAR

Bench: Dr. M. L. Meena & Sh. Ravish Sood

section 271(1) (c) of the Act for year under consideration and is liable to be quashed on the ground that the AO has failed to apply his mind before 10 ITAs No.591/ASR/2017 and 455/ASR/2018 initiating the penalty proceedings and, therefore, the proceedings initiated are bad in law. As such, the Id. CIT(A) was not justified in sustaining

SHRI CHANDAN BHARDWAJ,TARN TARAN vs. ASSISTANT COMMISSIONER OF INCOME TAX,CIRCLE-1, AMRITSAR

Bench: Dr. M. L. Meena & Sh. Ravish Sood

section 271(1) (c) of the Act for year under consideration and is liable to be quashed on the ground that the AO has failed to apply his mind before 10 ITAs No.591/ASR/2017 and 455/ASR/2018 initiating the penalty proceedings and, therefore, the proceedings initiated are bad in law. As such, the Id. CIT(A) was not justified in sustaining

SHRI AJAYA KUMAR CHADDA ,JALANDHAR vs. INCOME TAX OFFICER WARD-1 (1), JALANDHAR

In the result, the appeal of the assessee is allowed

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

u/s 271(1 )(c) was not justified. We therefore direct its deletion. Thus the grounds of the assessee are allowed. ” 10. In parity with a view taken by the Co-ordinate Bench, we are inclined to accept the plea of the assessee that the notice issued for the purposes of imposition of penalty, which suffers from the vice of vagueness

SHRI YASH PAUL MALHOTRA,JALANDHAR vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1, JALANDHAR

In the result the appeal of the assessee is allowed

Bench: Sh. Udayan Dasgupta & Sh. Brajesh Kumar Singh

Section 274 of the Income Tax Act, 1961. Hence, in the light of the above judgement, it is clear that that voluntary disclosure does not absolve the appellant from penalty u/s 271(1)(c) of the IT Act, 1961. Furthermore, with regards to the penalty imposed on disallowance of personal expenses on account of car expenses and depreciation

M/S. CHAUDHARY ENTERPRISES,,JALANDHAR vs. THE INCOME TAX OFFICER, NAWANSHAHR

The appeal of the assessee is allowed in terms of our aforesaid

Bench: Shri. Ravish Sood & Dr. M. L. Meena

section 271(1)(c) of the Income-tax Act, 1961 have been initiated.” In the backdrop of the aforesaid facts, we concur with the ld. A.R, that the A.O had both in the body of the assessment order, as well as vide his “SCN”, dated 19.02.2004 failed to put the assessee firm to notice as regards the specific default

SH AMIT MAHAJAN,JAMMU vs. THE DY COMMISSIONER OF INCOME TAX, JAMMU

In the result, all the appeals filed by the assessees stands allowed

Bench: Sh. N.K.Choudhry & Dr. A.L.Sainiita No.46 /Asr/2017 Assessment Year: 2007-08 Assessment Year: 2008-09

10. 17/10/2016 -Do- 1,85,400/- ITA Nos.46/Asr/2017 & 190/Asr/2015, Kasturi Lal Mahajan & Ors. Vs. DCIT 2. The brief facts of the ITA No.46/Asr/2017 are that a search and seizure operation u/s 132 of the I.T. Act was conducted on dated 30.06.2009 at the residential premises of the assessee. Survey operations u/s 133A of the Act were also conducted simultaneously

SH AMIT MAHAJAN,JAMMU vs. THE DY COMMISSIONER OF INCOME TAX, JAMMU

In the result, all the appeals filed by the assessees stands allowed

Bench: Sh. N.K.Choudhry & Dr. A.L.Sainiita No.46 /Asr/2017 Assessment Year: 2007-08 Assessment Year: 2008-09

10. 17/10/2016 -Do- 1,85,400/- ITA Nos.46/Asr/2017 & 190/Asr/2015, Kasturi Lal Mahajan & Ors. Vs. DCIT 2. The brief facts of the ITA No.46/Asr/2017 are that a search and seizure operation u/s 132 of the I.T. Act was conducted on dated 30.06.2009 at the residential premises of the assessee. Survey operations u/s 133A of the Act were also conducted simultaneously

SH SUMIT MAHAJAN,JAMMU vs. THE DY COMMISSIONER OF INCOME TAX, JAMMU

In the result, all the appeals filed by the assessees stands allowed

Bench: Sh. N.K.Choudhry & Dr. A.L.Sainiita No.46 /Asr/2017 Assessment Year: 2007-08 Assessment Year: 2008-09

10. 17/10/2016 -Do- 1,85,400/- ITA Nos.46/Asr/2017 & 190/Asr/2015, Kasturi Lal Mahajan & Ors. Vs. DCIT 2. The brief facts of the ITA No.46/Asr/2017 are that a search and seizure operation u/s 132 of the I.T. Act was conducted on dated 30.06.2009 at the residential premises of the assessee. Survey operations u/s 133A of the Act were also conducted simultaneously

SH SUMIT MAHAJAN,JAMMU vs. THE DY COMMISSIONER OF INCOME TAX, JAMMU

In the result, all the appeals filed by the assessees stands allowed

Bench: Sh. N.K.Choudhry & Dr. A.L.Sainiita No.46 /Asr/2017 Assessment Year: 2007-08 Assessment Year: 2008-09

10. 17/10/2016 -Do- 1,85,400/- ITA Nos.46/Asr/2017 & 190/Asr/2015, Kasturi Lal Mahajan & Ors. Vs. DCIT 2. The brief facts of the ITA No.46/Asr/2017 are that a search and seizure operation u/s 132 of the I.T. Act was conducted on dated 30.06.2009 at the residential premises of the assessee. Survey operations u/s 133A of the Act were also conducted simultaneously

SH AMIT MAHAJAN,JAMMU vs. THE DY COMMISSIONER OF INCOME TAX, JAMMU

In the result, all the appeals filed by the assessees stands allowed

Bench: Sh. N.K.Choudhry & Dr. A.L.Sainiita No.46 /Asr/2017 Assessment Year: 2007-08 Assessment Year: 2008-09

10. 17/10/2016 -Do- 1,85,400/- ITA Nos.46/Asr/2017 & 190/Asr/2015, Kasturi Lal Mahajan & Ors. Vs. DCIT 2. The brief facts of the ITA No.46/Asr/2017 are that a search and seizure operation u/s 132 of the I.T. Act was conducted on dated 30.06.2009 at the residential premises of the assessee. Survey operations u/s 133A of the Act were also conducted simultaneously

SH. KASTURI LAL MAHAJAN,JAMMU vs. THE DY. COMMISSIONER OF INCOME-TAX, JAMMU

In the result, all the appeals filed by the assessees stands allowed

Bench: Sh. N.K.Choudhry & Dr. A.L.Sainiita No.46 /Asr/2017 Assessment Year: 2007-08 Assessment Year: 2008-09

10. 17/10/2016 -Do- 1,85,400/- ITA Nos.46/Asr/2017 & 190/Asr/2015, Kasturi Lal Mahajan & Ors. Vs. DCIT 2. The brief facts of the ITA No.46/Asr/2017 are that a search and seizure operation u/s 132 of the I.T. Act was conducted on dated 30.06.2009 at the residential premises of the assessee. Survey operations u/s 133A of the Act were also conducted simultaneously

SH. KASTURI LAL MAHAJAN,JAMMU vs. THE DY COMMISSIONER OF INCOME TAX, JAMMU

In the result, all the appeals filed by the assessees stands allowed

Bench: Sh. N.K.Choudhry & Dr. A.L.Sainiita No.46 /Asr/2017 Assessment Year: 2007-08 Assessment Year: 2008-09

10. 17/10/2016 -Do- 1,85,400/- ITA Nos.46/Asr/2017 & 190/Asr/2015, Kasturi Lal Mahajan & Ors. Vs. DCIT 2. The brief facts of the ITA No.46/Asr/2017 are that a search and seizure operation u/s 132 of the I.T. Act was conducted on dated 30.06.2009 at the residential premises of the assessee. Survey operations u/s 133A of the Act were also conducted simultaneously

SH SUMIT MAHAJAN,JAMMU vs. THE DY COMMISSIONER OF INCOME TAX, JAMMU

In the result, all the appeals filed by the assessees stands allowed

Bench: Sh. N.K.Choudhry & Dr. A.L.Sainiita No.46 /Asr/2017 Assessment Year: 2007-08 Assessment Year: 2008-09

10. 17/10/2016 -Do- 1,85,400/- ITA Nos.46/Asr/2017 & 190/Asr/2015, Kasturi Lal Mahajan & Ors. Vs. DCIT 2. The brief facts of the ITA No.46/Asr/2017 are that a search and seizure operation u/s 132 of the I.T. Act was conducted on dated 30.06.2009 at the residential premises of the assessee. Survey operations u/s 133A of the Act were also conducted simultaneously