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

5) TMI 1100 - ITAT DELHI SMT. REKHA RANI, VERSUS DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-8, NEW DELHI. Penalty levied under Section 271(1)(b) - non appearing on the different dates of hearing before the Assessing Officer in response to notice issued under Section 143(2) - Held that:- The penalty under Section 271(1)(b) could not be imposed

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

5) TMI 1100 - ITAT DELHI SMT. REKHA RANI, VERSUS DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-8, NEW DELHI. Penalty levied under Section 271(1)(b) - non appearing on the different dates of hearing before the Assessing Officer in response to notice issued under Section 143(2) - Held that:- The penalty under Section 271(1)(b) could not be imposed

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

5 to 8 of the order passed by Hon'ble A.M.) There was, therefore, no ambiguity in law for the Parliament to have stepped in by introducing section 271(1B), deeming a satisfaction where the order of assessment or reassessment contains a direction for initiation of penalty proceedings u/s. 271(1)(c). This is precisely what stands clarified

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

5. The Ld. CIT (A) has confirmed the penalty under section 271(1)(c) of the Income Tax Act on disallowance made on a/c of shop expenses at Gulzar Singh Gurbachan Singh v. ITO Rs.64949/- and Rs.119114/- against estimated disallowance made out of the appellant claim of shop expenses at Rs.129898/- and Rs.238228/- in respect of the Assessment Year

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

5. The Ld. CIT (A) has confirmed the penalty under section 271(1)(c) of the Income Tax Act on disallowance made on a/c of shop expenses at Gulzar Singh Gurbachan Singh v. ITO Rs.64949/- and Rs.119114/- against estimated disallowance made out of the appellant claim of shop expenses at Rs.129898/- and Rs.238228/- in respect of the Assessment Year

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

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

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

271(1)(c) could be levied as the proceedings initiated were not valid and in accordance with the Act. 3. That on merits also no penalty is called for. AO made an addition of Rs. 42,54,123/- on the basis of Form 26AS and applied the rate of 10%. CIT(A) reduced the addition to Rs. 5

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

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

271(1)(c) could be levied as the proceedings initiated were not valid and in accordance with the Act. 3. That on merits also no penalty is called for. AO made an addition of Rs. 42,54,123/- on the basis of Form 26AS and applied the rate of 10%. CIT(A) reduced the addition to Rs. 5

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

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 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 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. 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

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

5 ITA No. 460./Asr/2017 – A.Y 2001-02 7. We have heard the ld. authorized representatives for both the parties, perused the orders of the lower authorities and the material available on record, as well as considered the judicial pronouncements that have been pressed into service by the ld. A.R in support of his aforesaid contention. Admittedly, on a perusal