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

271(1)(b) - non-compliance of the notices issued u/s. 142(1) - Penalty u/s 271F - non-filing of the Return of Income - HELD THAT:- Parliament has used the words "may" and not "shall", thereby making their intention clear in as much as that levy of Penalty is discretionary and not automatic. The said conclusion is further justified by Section

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

271(1)(b) - non-compliance of the notices issued u/s. 142(1) - Penalty u/s 271F - non-filing of the Return of Income - HELD THAT:- Parliament has used the words "may" and not "shall", thereby making their intention clear in as much as that levy of Penalty is discretionary and not automatic. The said conclusion is further justified by Section

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

section 145 of the Act. The assessee did not furnish any explanation during the assessment proceedings. Interest income was accordingly assessed, and penalty proceedings initiated. Under the circumstances, the AO’s satisfaction for the levy of penalty u/s. 271(1)(c) is plain and apparent. (b

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 ) could not imposed and confirming of penalty U/s 271(1)(c ) on disallowance of shop expenses and cash discount is unjustified and liable to be deleted. (e) That the appellant craves leave to add or amend any grounds of appeal before the appeal is heard off or disposed off.” 3. Grounds of appeal

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 ) could not imposed and confirming of penalty U/s 271(1)(c ) on disallowance of shop expenses and cash discount is unjustified and liable to be deleted. (e) That the appellant craves leave to add or amend any grounds of appeal before the appeal is heard off or disposed off.” 3. Grounds of appeal

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

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

u/s 271(1)(C) is wrong illegal and against facts and likewise CIT(A) is not justified while confirming the same. 2. That Ld. AO while imposing the penalty has not considered the facts of the case and proceeded to impose the penalty arbitrarily. The Ld. CIT(A) has further erred in law and on facts while confirming

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

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

u/s 271(1)(C) is wrong illegal and against facts and likewise CIT(A) is not justified while confirming the same. 2. That Ld. AO while imposing the penalty has not considered the facts of the case and proceeded to impose the penalty arbitrarily. The Ld. CIT(A) has further erred in law and on facts while confirming

SHRI SUKHDEV SINGH PROP KARNAIL SINGH SUKHDEV SINGH,AMRITSAR vs. INCOME TAX OFFICER WARD-3(4), AMRITSAR

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

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

b the assessee on 13. 04. 2012 u/s 139 of the Act declaring income u/s 44 AD of the Act. Total income of Rs. 1, 82,972/- was declared at the rate of 8% on total turnover of Rs, 14,86,302/-. In addition labour income was shown at Rs. 2, 33,720/-. Proceedings u/s 147/148 of the Act were

THE INCOME TAX OFFICER, JALANDHAR vs. SH. SARWAN SINGH PHILLAUR, JALANDHAR

In the result, the appeal of the Revenue is dismissed and appeal filed by the assessee stands allowed

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryi. T. A. No. 562/(Asr)/2015 Assessment Year: 2007-08

u/s 274 read with section 271(1)(c) of the I.T. Act, 1961 reads as under:- “Whereas in the course of proceedings before me for Assessment Year 2007-08 it appears to me that – …… Have concealed the particulars of your income or……………… furnished inaccurate particulars of such income” 10. We have heard the rival submissions and perused the orders

SH. SARWAN SINGH PHILLAUR,JALANDHAR vs. THE INCOME TAX OFFICER, JALANDHAR

In the result, the appeal of the Revenue is dismissed and appeal filed by the assessee stands allowed

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryi. T. A. No. 562/(Asr)/2015 Assessment Year: 2007-08

u/s 274 read with section 271(1)(c) of the I.T. Act, 1961 reads as under:- “Whereas in the course of proceedings before me for Assessment Year 2007-08 it appears to me that – …… Have concealed the particulars of your income or……………… furnished inaccurate particulars of such income” 10. We have heard the rival submissions and perused the orders

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

u/s 274 rws 271(1)© of the Act and held that notice issued under Section 274 should satisfy the grounds which the assessee has to meet specifically. Otherwise, principles of natural justice is offended if the show cause notice is vague and on the basis of such proceedings, no penalty could be imposed on the assessee. For the sake

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

u/s 274 rws 271(1)© of the Act and held that notice issued under Section 274 should satisfy the grounds which the assessee has to meet specifically. Otherwise, principles of natural justice is offended if the show cause notice is vague and on the basis of such proceedings, no penalty could be imposed on the assessee. For the sake

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

u/s 274 rws 271(1)© of the Act and held that notice issued under Section 274 should satisfy the grounds which the assessee has to meet specifically. Otherwise, principles of natural justice is offended if the show cause notice is vague and on the basis of such proceedings, no penalty could be imposed on the assessee. For the sake

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

u/s 274 rws 271(1)© of the Act and held that notice issued under Section 274 should satisfy the grounds which the assessee has to meet specifically. Otherwise, principles of natural justice is offended if the show cause notice is vague and on the basis of such proceedings, no penalty could be imposed on the assessee. For the sake

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

u/s 274 rws 271(1)© of the Act and held that notice issued under Section 274 should satisfy the grounds which the assessee has to meet specifically. Otherwise, principles of natural justice is offended if the show cause notice is vague and on the basis of such proceedings, no penalty could be imposed on the assessee. For the sake

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

u/s 274 rws 271(1)© of the Act and held that notice issued under Section 274 should satisfy the grounds which the assessee has to meet specifically. Otherwise, principles of natural justice is offended if the show cause notice is vague and on the basis of such proceedings, no penalty could be imposed on the assessee. For the sake

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

u/s 274 rws 271(1)© of the Act and held that notice issued under Section 274 should satisfy the grounds which the assessee has to meet specifically. Otherwise, principles of natural justice is offended if the show cause notice is vague and on the basis of such proceedings, no penalty could be imposed on the assessee. For the sake

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

u/s 274 rws 271(1)© of the Act and held that notice issued under Section 274 should satisfy the grounds which the assessee has to meet specifically. Otherwise, principles of natural justice is offended if the show cause notice is vague and on the basis of such proceedings, no penalty could be imposed on the assessee. For the sake