DCIT, CHANDIGARH vs. SH. KULWANT SINGH, MOHALI

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

14. In view of this, though, we are of the view that the legal plea taken by the assessee that the provisions of section 271(1)(c) of the Act are not attracted because the relevant provisions of section 271AAA were applicable, is not tenable, yet we are of the view that otherwise, the provisions of section 271

DCIT, CHANDIGARH vs. SH. PARAMJIT SINGH, MOHALI

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

14. In view of this, though, we are of the view that the legal plea taken by the assessee that the provisions of section 271(1)(c) of the Act are not attracted because the relevant provisions of section 271AAA were applicable, is not tenable, yet we are of the view that otherwise, the provisions of section 271

DCIT, CHANDIGARH vs. SMT. MANJIT KAUR, CHANDIGARH

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

14. In view of this, though, we are of the view that the legal plea taken by the assessee that the provisions of section 271(1)(c) of the Act are not attracted because the relevant provisions of section 271AAA were applicable, is not tenable, yet we are of the view that otherwise, the provisions of section 271

DCIT, CHANDIGARH vs. SH. PARAMJIT SINGH, MOHALI

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

14. In view of this, though, we are of the view that the legal plea taken by the assessee that the provisions of section 271(1)(c) of the Act are not attracted because the relevant provisions of section 271AAA were applicable, is not tenable, yet we are of the view that otherwise, the provisions of section 271

DCIT, CHANDIGARH vs. SMT. JASWANT KAUR, MOHALI

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

14. In view of this, though, we are of the view that the legal plea taken by the assessee that the provisions of section 271(1)(c) of the Act are not attracted because the relevant provisions of section 271AAA were applicable, is not tenable, yet we are of the view that otherwise, the provisions of section 271

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)

3. The matter was carried in appeal before the Ld.CIT(A),where the assessee reiterated the contentions made before the AO and further contended that since no incriminating material was found during search no penalty could be imposed even by invoking Explanation 5A to section 271(1)(c) of the Act. The Ld.CIT(A) rejected the contentions of the assessee

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

3) Grass Farms & Resorts (P)Ltd. Vs. DCIT IT Appeal No.730 (jp) of 2011(ITAT, Jaipur Bench) 4) Airen Metals Pvt. Ltd. Vs. ACIT 5) Labh Singh Vs. ITO, Ward-3, Kaithal Date of orod 5.8.2016 6) Vasantbhai Haribhai Gajera Vs. DCIT 7) Trishul Enterprises Vs. ACIT ITA No.384 & 385/Mum/2014 (I.T.A.T., Mumbai Bench) 13. We have heard the rival contentions

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

3) Grass Farms & Resorts (P)Ltd. Vs. DCIT IT Appeal No.730 (jp) of 2011(ITAT, Jaipur Bench) 4) Airen Metals Pvt. Ltd. Vs. ACIT 5) Labh Singh Vs. ITO, Ward-3, Kaithal Date of orod 5.8.2016 6) Vasantbhai Haribhai Gajera Vs. DCIT 7) Trishul Enterprises Vs. ACIT ITA No.384 & 385/Mum/2014 (I.T.A.T., Mumbai Bench) 13. We have heard the rival contentions

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

14,089 Sundry Credit balances written back 99 A further addition of Rs.5,55,241/- was made by disallowing the expense claimed against exempt income u/s 14A. Penalty proceedings u/s 271(1)(c) were also initiated w.r.t. all the above referred restriction in deduction claimed and disallowances made. The issues on which penalty levied is as under:- Amount of addition

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

14,089 Sundry Credit balances written back 99 A further addition of Rs.5,55,241/- was made by disallowing the expense claimed against exempt income u/s 14A. Penalty proceedings u/s 271(1)(c) were also initiated w.r.t. all the above referred restriction in deduction claimed and disallowances made. The issues on which penalty levied is as under:- Amount of addition

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

3 of section 271AAB of the Act talks about issuing the notice u/s 274 of the Act. So for initiating the penalty proceedings u/s 271 AAB of the Act, the first step to be taken by Id. Assessing Officer issue a valid notice u/s 274 of the Act provides a procedure that "No order imposing a penalty under this Chapter

SH RAMESH KUMAR DUDANI,MOHALI vs. DCIT,CIRCLE -6(1), MOHALI

In the result, appeal of the Assessee is allowed

3. Minimum Penalty imposable @ 100% of the Rs. 25,051/- Tax sought to be evaded. 4. Maximum Penalty imposable @300% of the Rs. 75,153/- Tax sought to be evaded. ii. Please provide the information the concealed amount on which the penalty has been imposed and how it has been calculated. As per the penalty order, penalty u/s 271

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)

3) for the has been unrelentingly non-compliant A.Y. 2012-13 which was and has only resorted to making provided on the same day. baseless allegations. There has only been deliberate noncompliance of W.r.t. the opportunity heard notice u/s 142(1) dated 30.08.2019." regarding penalty u/s 271(1)(b), the assessee vide A show cause notice u/s 274 r.w.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:

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

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. 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

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

ACIT-CC-1, CHANDIGARH vs. M/S BAJWA DEVELOPERS LTD., KHARAR

Bench: The Cit(A)(Central), Gurgaon. The Ld. Cit(A) Vide Order, Dated 26.04.2019 Sustained The Penalty Of Rs. 1,58,68,413/-, Against That Order, The Assessee Has Filed This Appeal Before The 2

section 271 AAA, the penalty @ 10% on undisclosed income of Rs. 1,25,16,413/- should have been imposed. It was further submitted that only 10% of the undisclosed income of Rs. 1,25,16,413/-, amounting to Rs. 12,51,641/-could be imposed as penalty. The Ld. CIT (A) vide order, dated 21.09. 2020, accordingly, restricted the penalty