DCIT, CHANDIGARH vs. SMT. JASWANT KAUR, MOHALI

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

section 271(1)(c) of the Act as they stood during the relevant period / assessment year under consideration. ITA Nos.41 to 44, 387, 45 to 54/Chd/17 & CO 16-to 30-Chd-2018- Shri Kulwant Singh & Others, Mohali 21 “ 271. (1) If the Assessing Officer or the Commissioner (Appeals) or the Commissioner in the course of any proceedings under this

DCIT, CHANDIGARH vs. SH. KULWANT SINGH, MOHALI

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

section 271(1)(c) of the Act as they stood during the relevant period / assessment year under consideration. ITA Nos.41 to 44, 387, 45 to 54/Chd/17 & CO 16-to 30-Chd-2018- Shri Kulwant Singh & Others, Mohali 21 “ 271. (1) If the Assessing Officer or the Commissioner (Appeals) or the Commissioner in the course of any proceedings under this

DCIT, CHANDIGARH vs. SMT. JASWANT KAUR, MOHALI

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

section 271(1)(c) of the Act as they stood during the relevant period / assessment year under consideration. ITA Nos.41 to 44, 387, 45 to 54/Chd/17 & CO 16-to 30-Chd-2018- Shri Kulwant Singh & Others, Mohali 21 “ 271. (1) If the Assessing Officer or the Commissioner (Appeals) or the Commissioner in the course of any proceedings under this

DCIT, CHANDIGARH vs. SH. KULWANT SINGH, MOHALI

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

section 271(1)(c) of the Act as they stood during the relevant period / assessment year under consideration. ITA Nos.41 to 44, 387, 45 to 54/Chd/17 & CO 16-to 30-Chd-2018- Shri Kulwant Singh & Others, Mohali 21 “ 271. (1) If the Assessing Officer or the Commissioner (Appeals) or the Commissioner in the course of any proceedings under this

DCIT, CHANDIGARH vs. SH. PARAMJIT SINGH, MOHALI

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

section 271(1)(c) of the Act as they stood during the relevant period / assessment year under consideration. ITA Nos.41 to 44, 387, 45 to 54/Chd/17 & CO 16-to 30-Chd-2018- Shri Kulwant Singh & Others, Mohali 21 “ 271. (1) If the Assessing Officer or the Commissioner (Appeals) or the Commissioner in the course of any proceedings under this

DCIT, PARWANOO vs. M/S HYCRON ELECTRONICS, SOLAN

Appeal of the Revenue is dismissed and appeal of the assessee is allowed

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

271(1)(c) of the Act. We, accordingly, set aside the orders of authorities below and cancel the penalty. 9. In the result, the appeal filed by the assessee is allowed. 10. The issue of levy of penalty on this issue under appeal is squarely covered by the order of the ITAT referred supra. Following the same, the levy

HYCRON ELECTRONICS vs. DY.COMMISSIONER OF INCOME TAX,

Appeal of the Revenue is dismissed and appeal of the assessee is allowed

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

271(1)(c) of the Act. We, accordingly, set aside the orders of authorities below and cancel the penalty. 9. In the result, the appeal filed by the assessee is allowed. 10. The issue of levy of penalty on this issue under appeal is squarely covered by the order of the ITAT referred supra. Following the same, the levy

DCIT, CHANDIGARH vs. CHANDIGARH HOUSING BOARD, CHANDIGARH

In the result, the appeal of the Revenue is dismissed

271. (1) If the Assessing Officer or the Commissioner (Appeals) or the Principal Commissioner or Commissioner in the course of any proceedings under this Act, is satisfied that any person (b) has failed to comply with a notice [under sub-section (2) of section 115WD or under sub-section (2) of section 115 WE or] under sub-section (1

AKM RESORTS,MOHALI vs. ACIT CIRCLE 5(1), CHANDIGARH

Appeal of the assessee is allowed

Bench: This Tribunal. The Assessee

disallowed and also was asked as to why the office should not accept the fact that M/s AKM Resorts willingly wanted to peg their net profit rate at 24.50%. 3.6 The assessee did not reply by the given date of 07/12/2018. Taking into consideration, the earlier reply of the assessee and the further opportunity provided to the assessee which

M/S H.P.STATE FOREST COPRN. LTD.,SHIMLA vs. JCIT, S.R., SHIMLA

In the result, the present appeal of Appellant/Assessee is allowed and impugned order of Ld

Bench: Shri Vikram Singh Yadav& Shri Paresh M. Joshiआयकरअपीलसं./Ita Nos.280& 281/Chd/2000 िनधा"रणवष" / Assessment Years : 1990-91& 1991-92 M/S H.P. State Forest Corp. Ltd. Vs The Jcit, Van Nigam Kasumpti Shimla Shimla "ायीलेखासं./Pan No: Aaach4036L अपीलाथ"/Appellant ""यथ"/Respondent िनधा"रतीक"ओरसे/Assessee By: Shri Y.K. Sud, Ca राज"वक"ओरसे/ Revenue By : Sh.Sarabjeet Singh, Cit-Dr सुनवाईक"तारीख/Date Of Hearing : 28.05.2024 उदघोषणाक"तारीख/Date Of Pronouncement : 06.06.2024 Hybridhearing आदेश/Order Per Paresh M. Joshi, Jm: Both The Above Appeals Have Been Filed By The Assessee. Since The Issues Involved In Both The Above Appeals Are Common & Were Heard Together Therefore They Are Being Disposed Off By This Consolidated Order For The Sake Of Brevity. We Shall Take Appeal Of The Assessee In Ita No. 280/Chd/2000 As A Lead Case.

271( 1 ) ( c ) ha ve b e e n i n i t i at e d se par at e l y. A ss e ss e d is s ue de m a nd n o t ic e & c ha ll an. 18. That order of A. O. is dated 31/12/1999. 19. Bein g Aggri

M/S H.P.STATE FOREST COPRN. LTD.,SHIMLA vs. JCIT, S.R., SHIMLA

In the result, the present appeal of Appellant/Assessee is allowed and impugned order of Ld

Bench: Shri Vikram Singh Yadav& Shri Paresh M. Joshiआयकरअपीलसं./Ita Nos.280& 281/Chd/2000 िनधा"रणवष" / Assessment Years : 1990-91& 1991-92 M/S H.P. State Forest Corp. Ltd. Vs The Jcit, Van Nigam Kasumpti Shimla Shimla "ायीलेखासं./Pan No: Aaach4036L अपीलाथ"/Appellant ""यथ"/Respondent िनधा"रतीक"ओरसे/Assessee By: Shri Y.K. Sud, Ca राज"वक"ओरसे/ Revenue By : Sh.Sarabjeet Singh, Cit-Dr सुनवाईक"तारीख/Date Of Hearing : 28.05.2024 उदघोषणाक"तारीख/Date Of Pronouncement : 06.06.2024 Hybridhearing आदेश/Order Per Paresh M. Joshi, Jm: Both The Above Appeals Have Been Filed By The Assessee. Since The Issues Involved In Both The Above Appeals Are Common & Were Heard Together Therefore They Are Being Disposed Off By This Consolidated Order For The Sake Of Brevity. We Shall Take Appeal Of The Assessee In Ita No. 280/Chd/2000 As A Lead Case.

271( 1 ) ( c ) ha ve b e e n i n i t i at e d se par at e l y. A ss e ss e d is s ue de m a nd n o t ic e & c ha ll an. 18. That order of A. O. is dated 31/12/1999. 19. Bein g Aggri

DCIT, C-1 (EXEMPTIONS), CHANDIGARH vs. THE INSTITUTION OF CIVIL ENGINEERS SOCIETY, LUDHIANA

In the result, appeal of the Revenue is dismissed

d)] of sub-section (1), the income or the property\" of the trust or\ninstitution or any part of such income or property shall, for the purposes of\nthat clause, be deemed to have been used or applied for the benefit of a\nperson referred to in sub-section (3), —\n(a) if any part of the income or property

MANPREET SINGH BHULLAR,PARWANOO vs. ITO, PARWANOO

In the result, appeal of the assessee is allowed

section 271(1)(c) for concealment which was upheld by CIT(A). On further appeal Tribunal reversed the orders and cancelled the penalty. On revenue appeal, the High Court upheld the decision of Tribunal holding that where penalty is imposed in respect of an addition where High Court has admitted appeal as substantial question of law, then sustainability

J.K. EDUCATIONAL SOCIETY,JAMMU & KASHMIR vs. DCIT (EXEMPTION)-CIRCLE-1,, CHANDIGARH

In the result, the appeal of the assessee is partly allowed

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

d) of section 13(1) can be charged to tax at Maximum Marginal Rate as per provisions of section 164(2) of the IT Act, 1961on account of rent, in that case only the tax can be levied on that said disallowance, if any and the tax can be charged at the maximum marginal rate as provided in section

J. K. EDUCATIONAL SOCIETY,JAMMU vs. DCIT, CIRCLE-1, CHANDIGARH

In the result, the appeal of the assessee is partly allowed

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

d) of section 13(1) can be charged to tax at Maximum Marginal Rate as per provisions of section 164(2) of the IT Act, 1961on account of rent, in that case only the tax can be levied on that said disallowance, if any and the tax can be charged at the maximum marginal rate as provided in section

J.K.EDUCATIONAL SOCIETY,JAMMU vs. INCOME TAX OFFICER (EXEMPTION), CHANDIGARH

In the result, the appeal of the assessee is partly allowed

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

d) of section 13(1) can be charged to tax at Maximum Marginal Rate as per provisions of section 164(2) of the IT Act, 1961on account of rent, in that case only the tax can be levied on that said disallowance, if any and the tax can be charged at the maximum marginal rate as provided in section

DCIT, C-5, LUDHIANA vs. M/S HERO CYCLES LTD., LUDHIANA

In the result, appeal of the Department is dismissed and the Cross

271(l)(c) is initiated separately for furnishing inaccurate particulars of income as discussed above. D) Disallowance of Interest u/s 36(l)(iii) on Share Application Money:- On the details has submitted by the assessee regarding investments it is seen that the assessee has invested certain sum of its money as mentioned below under the head share application money:- Date

DCIT, C-1 (E), CHANDIGARH vs. SHRI GURU GOBIND SINGH FOUNDATION, MOGA

In the result appeal of the Department as well as cross objection of the assessee are dismissed

Bench: Shri N.K. Saini & Shri Sanjay Gargdci T, C-1 (E) Shri Guru Gobind Singh Foundation Circle- 1 (Exemption) 601/11, Tanki Wali Gali No. 2, Dashmesh Chandigarh Nagar Vs. Moga- Punjab Pan No. – Aadts0332A Appellant Respondent

271 (1) (c) for furnishing inaccurate particulars are initiated on this account. 6. Assessee has given this loan to its sister concern and showing the same into the books as loan/advances recoverable. This amount is fund of assessee, which should be part of corpus/capital and deposited in modes u/s 11(5). Assessee has shown this as advance & this