DCIT, CHANDIGARH vs. SMT. MANJIT KAUR, CHANDIGARH

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

u/s 271(1)(c) of the Act. That for the year under consideration, the penalty proceeding , if any, that could be initiated was to be under the provisions of section 271AAA of the Act as the assessment year 2012-13, falls in the definition of specified previous ITA Nos.41 to 44, 387, 45 to 54/Chd/17

DCIT, CHANDIGARH vs. SMT. JASWANT KAUR, MOHALI

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

u/s 271(1)(c) of the Act. That for the year under consideration, the penalty proceeding , if any, that could be initiated was to be under the provisions of section 271AAA of the Act as the assessment year 2012-13, falls in the definition of specified previous ITA Nos.41 to 44, 387, 45 to 54/Chd/17

DCIT, CHANDIGARH vs. SH. PARAMJIT SINGH, MOHALI

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

u/s 271(1)(c) of the Act. That for the year under consideration, the penalty proceeding , if any, that could be initiated was to be under the provisions of section 271AAA of the Act as the assessment year 2012-13, falls in the definition of specified previous ITA Nos.41 to 44, 387, 45 to 54/Chd/17

DCIT, CHANDIGARH vs. SH. KULWANT SINGH, MOHALI

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

u/s 271(1)(c) of the Act. That for the year under consideration, the penalty proceeding , if any, that could be initiated was to be under the provisions of section 271AAA of the Act as the assessment year 2012-13, falls in the definition of specified previous ITA Nos.41 to 44, 387, 45 to 54/Chd/17

DCIT, CHANDIGARH vs. SH. PARAMJIT SINGH, MOHALI

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

u/s 271(1)(c) of the Act. That for the year under consideration, the penalty proceeding , if any, that could be initiated was to be under the provisions of section 271AAA of the Act as the assessment year 2012-13, falls in the definition of specified previous ITA Nos.41 to 44, 387, 45 to 54/Chd/17

SH. CHETAN JAIN,LUDHIANA vs. DCIT, LUDHIANA

In the result, the appeal of the assessee is dismissed

Bench: Shri Sanjay Garg & Ms. Annapurna Guptash.Chetan Jain, Vs. The D.C.I.T., B-121, Pushap Vihar, Central Circle-Iii, Canal Road, Ludhiana. Ludhiana. Pan: Aaypj0618H (Appellant) (Respondent)

penalty u/s 271(1)© of the Act, stating that the surrender was covered only in the year of search or the preceding year of which return was due but not filed by the assessee, and the impugned year being neither, the assessee was not entitled to claim immunity of the surrender granted by virtue of the provisions of section 132

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

penalty u/s 271(1)(c) of the Act was leviable. The Assessing Officer rejected the contention of the assessee stating that the surrender is not covered u./s 132(4) of the Act as per the provisions of section

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

penalty u/s 271(1)(c) of the Act was leviable. The Assessing Officer rejected the contention of the assessee stating that the surrender is not covered u./s 132(4) of the Act as per the provisions of section

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:

u/s 271 AAB on 30-09-2016 whereby levied penalty under Clause (c) of Sec. 271AAB at Rs. 4,31,99,747/-. 4. Being aggrieved by the above orderof the Assessing officer levying the penalty under clause(c) of section 271AAB of the Act, the assessee preferred appeal before the CIT(A) but remained unsuccessful.Thus, the assessee has come inappeal

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

271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1). (3) The provisions of section 274 and 275 shall, as far as may be, apply in relation to the penalty referred to in this section. Explanation:--- For the purpose of this section,__ (a)……… (b)………. (c) "undisclosed income" means— (i) any income

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

271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1). (3) The provisions of section 274 and 275 shall, as far as may be, apply in relation to the penalty referred to in this section. Explanation:--- For the purpose of this section,__ (a)……… (b)………. (c) "undisclosed income" means— (i) any income

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

271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1). (3) The provisions of section 274 and 275 shall, as far as may be, apply in relation to the penalty referred to in this section. Explanation:--- For the purpose of this section,__ (a)……… (b)………. (c) "undisclosed income" means— (i) any income

PALACE INFRATECH PVT LTD,LUDHIANA vs. THE DY.COMMISSIONER OF INCOME TAX, LUDHIANA

In the result appeal of the assessee is partly allowed

Bench: Or During The Course Of Hearing.

132 was conducted after 1st July, 2012. It is also provided under Section 271AAB(2) that no penalty under Section 271(l)(c) is leviable in respect of undisclosed income referred to in sub-Section 271AAB(1). Therefore, Explanation-5 to Section 271(l)(c) referred by the AR in his submission is not applicable in the present case

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

4 exigible u/s 271AAB of the Act. The ld. Counsel for the assessee further submitted that no specific charge had been made out by the Assessing Officer either while passing the assessment order, or while issuing impugned penalty notice; that in such circumstances also, no penalty was exigible u/s 271 AAB. The ld. Counsel for the assessee placed reliance

SH. PAWAN SAHNI,SOLAN vs. DCIT, CC-II, CHANDIGARH

The appeal of the assessee is allowed

132(4), in Respect of manner of earning income surrendered, assessee could not be expected to substantiate same later on; penalty could not be levied under section 271AAA. 1`432ACIT VS. MUNISH KUMAR GOYAL 152 ITD 453 (CHD. TRIE) Section 271 AAA of the Income-tax Act, 1961 - Penalty - Where search has been initiated (Applicability of) - Assessment year

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

In the result, the appeal of the Assessee is allowed

Bench: Shri A.D. Jain & Dr Krinwant Sahayआयकर अपील सं./ Ita No. 397/Chd/2023 "नधा"रण वष" / Assessment Year : 2016-17 M/S Happy Steels Private Limited, Vs. The Dcit, बनाम B-Xxix, 2254, Central Circle-2, Kanganwal Road, Ludhiana P.O. Jugiana, Ludhiana 141120 "थायी लेखा सं./Pan No: Aaach6019D अपीलाथ" ./ Appellant ""यथ" / Respondent

penalty u/s Section 271 (1) (c). 3. Brief facts of the case are that the Assessee company is engaged in the business of manufacturing of Auto parts. A search operation u/s 132 of the Act was conducted at the premises of the Assessee company on 27.8.2015. During the search operation, physical verification of stock was done by the Department

SH. ROSHAN LAL JINDAL,CHANDIGARH vs. DCIT, CC-1, CHANDIGARH

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

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumarआयकर अपील सं./ Ita No.1555/Chd/2017 "नधा"रण वष" / Assessment Year : 2009-10

section 271AAA is not leviable. 11. In view of the above judicial precedents we find that the assessee has specified and substantiated the manner of earning the income and has not violated any of the conditions specified u/s 271AAA(2), for granting immunity from penalty. 12. We therefore hold that no penalty u/s 271AAA could be levied in the present

SH. ASHOK JINDAL,CHANDIGARH vs. DCIT, CC-1, CHANDIGARH

The appeal of the assessee is allowed

section 271AAA is not leviable. 11. In view of the above judicial precedents we find that the assessee has specified and substantiated the manner of earning the income and has not violated any of the conditions specified u/s 271AAA(2), for granting immunity from penalty. 12. We therefore hold that no penalty u/s 271AAA could be levied in the present