SH. MUNISH JAIN,LUDHIANA vs. DCIT, LUDHIANA

In the result, both the appeals of the assessee are dismissed

Bench: Shri Sanjay Garg & Ms. Annapurna Gupta

natural justice and cannot be sustained. Thus once the proceedings are initiated on one ground, the penalty should also be imposed on the same ground. Where the basis of the initiation of penalty proceedings is not identical with the ground on which the penalty was imposed, the imposition of penalty is not valid. The validity of the order of penalty

SH. MUNISH JAIN,LUDHIANA vs. DCIT, LUDHIANA

In the result, both the appeals of the assessee are dismissed

Bench: Shri Sanjay Garg & Ms. Annapurna Gupta

natural justice and cannot be sustained. Thus once the proceedings are initiated on one ground, the penalty should also be imposed on the same ground. Where the basis of the initiation of penalty proceedings is not identical with the ground on which the penalty was imposed, the imposition of penalty is not valid. The validity of the order of penalty

M/S APEEJAY EDUCATION SOCIETY,JALANDHAR vs. DCIT, C-1 (EXEMPTIONS), CHANDIGARH

In the result, the appeal is allowed

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

penalty u/s 271(1)(b), the assessee vide A show cause notice u/s 274 r.w.s. 271 letter dated (1)(b) was issued to the assessee on 09.10.2019, submitted that it 03.10.2019 for noncompliance on had already started for notice day. u/s 142(1) dated Chandigarh on the appointed 30.08.2019 vide which the assessee day for personal hearing and was given

M/S HAPPY STEEL PRIVATE LTD.,LUDHIANA vs. DCIT CC-2, LUDHIANA

In the result, the appeal is allowed

Bench: Shri A.D. Jain & Shri Krinwant Sahay

penalty u/s 271(l)(c) of the Act for the concealment of incom.e or furnishing of inaccurate particulars of income. Except mentioning the Section 271AAB of the Act in the notice it does not talk anything about the provision of section 271 AAB. Certainly such notice has a fatal error and technically is not a correct notice in the eyes

SH. SUKHWINDER SINGH,LUDHIANA vs. ITO, LUDHIANA

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

Bench: Us Challenging The Levy Of Penalty Both On Legal Ground As Well As On Merits Of The Case :

natural justice in such a case is violated, even though notice issued u/s 274 may not specify the charge. The appellant did not even produce the copy of the notice u/s 274 of the Act to substantiate its claim although the onus was cast on the appellant to substantiate his claim. Given the facts and circumstances, the Assessing Officer

ANJALI SAINI,ZIRAKPUR vs. ITO-WARD-5(5), CHANDIGARH

The appeal of the assesse is allowed for statistical purposes

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

natural justice and the order passed by the Ld. AO be quashed. 2. That the Ld. CIT(A) is not justified in confirming the penalty u/s 271

M/S SEL TEXTILES LIMITED,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, theappeal of the assessee stands partly allowed

Bench: Shri Sanjay Garg & Ms. Annapurna Guptaआयकरअपीलसं./Ita No.695/Chd/2018 धििागरणवर्ग / Assessment Year :2014-15 बिाम M/S Sel Textiles Limited, The Dcit, 273-74,G.T. Road, Central Circle-Iii, Dhandari Kalan, Ludhiana Ludhiana स्थायीलेखासं./Pan No: Aancs0401M अपीलाथी/Appellant प्रत्यथी/Respondent धििागररतीकीओरसे/Assessee By : Shri Ashwani Kumar, Ca राजस्वकीओरसे/ Revenue By : Sh. Ram Mohan, Cit Dr सुिवाईकीतारीख/Date Of Hearing : 28.01.2019 उदघोर्णाकीतारीख/Date Of Pronouncement : 18.04.2019 आदेश/Order Per Sanjay Garg:

natural justice. Hon'ble A.P. High Court in the case of RadhakrishnaVihar in ITTA No.740/2011 while dealing with the ITA No. 695/Chd/2018- M/s SEL Textiles ltd., Ludhiana 8 penalty u/s 158BFA held that 'we are of the opinion that while the words shall be liable under sub section (1) of section 158BFA of the Act that are entitled

M/S Y.D.SOLUTIONS,CHANDIGARH vs. ITO WARD-4(5), CHANDIGARH

In the result, the appeal of the assessee is allowed

penalty u/s 271(l)(c), thus denying the natural justice to the appellant. It is, hence ITA-41/CHD/2020 A.Y. 2013-14 Page

INDER PAL SINGH LEGAL HEIR OF DECEASED SATNAM SINGH 171789, STREET NO.8, GURU TEG BAHADUR JAGRAON,PUNJAB vs. THE INCOME TAX OFFICER WARD-1 JAGRAON , PUNJAB

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

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

u/s 271 DA to the tune of Rs. 1,04,00,000/- on account of alleged violation of section 269ST. 2. That no proper or reasonable opportunity has been afforded to the appellant to represent the case since no notice was received on the email of assessee or on the email of his counsel or through physical mode. That

SH. VIKRAM SOOD,MANALI vs. ADDL. CIT, MANDI RANGE, MANDI

In the result, the appeal of the assessee is allowed

Bench: Shri N.K.Saini

Natural Justice which renders it arbitrary and unjustified. 4. That in any case, the Ld. Commissioner of Income Tax (Appeals) has failed to appreciate the reasonable cause pleaded before her in the correct perspective and as such the order passed by him is arbitrary and unjustified. 5. That the order of the Ld. Commissioner of Income Tax is erroneous, arbitrary

M/S MAHARAJA LIGHT & TENT SERVICES,LUDHIANA vs. DCIT, CC-1, LUDHIANA

In the result, all the above appeals of different assessees are partly allowed for statistical purposes

natural justice. Hon'ble A.P. High Court in the case of Radhakrishna Vihar in ITTA No.740/2011 while dealing with the penalty u/s 158BFA held that 'we are of the opinion that while the words shall be liable under sub section (1) of section 158BFA of the Act that are entitled to be mandatory, the words may direct in sub section

SMT. SHWETA JAIN,LUDHIANA vs. DCIT, CC-1, LUDHIANA

In the result, all the above appeals of different assessees are partly allowed for statistical purposes

natural justice. Hon'ble A.P. High Court in the case of Radhakrishna Vihar in ITTA No.740/2011 while dealing with the penalty u/s 158BFA held that 'we are of the opinion that while the words shall be liable under sub section (1) of section 158BFA of the Act that are entitled to be mandatory, the words may direct in sub section

SMT. VANI JAIN,LUDHIANA vs. DCIT, CC-1, LUDHIANA

In the result, all the above appeals of different assessees are partly allowed for statistical purposes

natural justice. Hon'ble A.P. High Court in the case of Radhakrishna Vihar in ITTA No.740/2011 while dealing with the penalty u/s 158BFA held that 'we are of the opinion that while the words shall be liable under sub section (1) of section 158BFA of the Act that are entitled to be mandatory, the words may direct in sub section

DCIT, CHANDIGARH vs. SH. S.L. ARORA, MOHALI

In the result, the appeals of the assessee bearing

Bench: Shri Sanjay Garg & Shri Vikram Singh Yadav

natural justice being violated, the assessee being given no proper opportunity to object to such reference and even mechanical approval by the CIT, therefore, in the light of the legal proposition laid down by the Hon'ble Supreme Court in the case of Sahara India (Firm) Vs. CIT (supra), we hold that the order appointing Special Auditor u/s

SH.SOHAN LAL ARORA,MOHALI vs. ACIT, CHANDIGARH

In the result, the appeals of the assessee bearing

Bench: Shri Sanjay Garg & Shri Vikram Singh Yadav

natural justice being violated, the assessee being given no proper opportunity to object to such reference and even mechanical approval by the CIT, therefore, in the light of the legal proposition laid down by the Hon'ble Supreme Court in the case of Sahara India (Firm) Vs. CIT (supra), we hold that the order appointing Special Auditor u/s

SH. S.L. ARORA,MOHALI vs. DCIT, CHANDIGARH

In the result, the appeals of the assessee bearing

Bench: Shri Sanjay Garg & Shri Vikram Singh Yadav

natural justice being violated, the assessee being given no proper opportunity to object to such reference and even mechanical approval by the CIT, therefore, in the light of the legal proposition laid down by the Hon'ble Supreme Court in the case of Sahara India (Firm) Vs. CIT (supra), we hold that the order appointing Special Auditor u/s

SH. RAJIV KUMAR,MOHALI vs. ACIT, CHANDIGARH

In the result, the appeals of the assessee bearing

Bench: Shri Sanjay Garg & Shri Vikram Singh Yadav

natural justice being violated, the assessee being given no proper opportunity to object to such reference and even mechanical approval by the CIT, therefore, in the light of the legal proposition laid down by the Hon'ble Supreme Court in the case of Sahara India (Firm) Vs. CIT (supra), we hold that the order appointing Special Auditor u/s

SH. RAJIV KUMAR,MOHALI vs. DCIT, CHANDIGARH

In the result, the appeals of the assessee bearing

Bench: Shri Sanjay Garg & Shri Vikram Singh Yadav

natural justice being violated, the assessee being given no proper opportunity to object to such reference and even mechanical approval by the CIT, therefore, in the light of the legal proposition laid down by the Hon'ble Supreme Court in the case of Sahara India (Firm) Vs. CIT (supra), we hold that the order appointing Special Auditor u/s

INCOME TAX OFFICER, WARD-4, AMBALA , AMBALA CANTT vs. SURINDER KUMAR VERMA , AMBALA

The appeal stand dismissed

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं. / Ita No.447/Chandi/2024 (िनधा"रण वष" / Assessment Year: 2010-11) Ito Ward-4 Shri Surinder Kumar Verma Aaykar Bhawan, B.C. Bazar बनाम/ Vs. H. No. 38, Kabir Nagar Ambala Cantt., Haryana - 133001 Ambala Cantt., Haryana - 133001 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acspv-3298-B (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : None ""थ"कीओरसे/Respondent By : Sh. Dr. Ranjit Kaur (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 27.01.2026 घोषणाकीतारीख /Date Of Pronouncement : 28.01.2026 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2010-11 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 24-02-2024 Deleting Penalty Of Rs.70,53,886/- As Levied By Ld. Assessing Officer [Ao] U/S 271(1)(C) Of The Act Vide Order Dated 21-09-2015. At The Time Of Hearing, None Appeared For Assessee. The Ld. Sr. Dr Pleaded For Restoration Of Penalty As Levied By Ld. Ao. Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under. 1

natural justice would be offended. On the basis of such proceedings, no penalty could be imposed on the assessee. This decision was followed 3 extensively in catena of judicial pronouncements rendered by various Hon'ble High Courts as well as different benches of Tribunal. Finally, the impugned penalty was held to be non sustainable on legal grounds against which