DCIT, CHANDIGARH vs. SMT. JASWANT KAUR, MOHALI

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

section 271(1)(c) of the Act and initiated penalty proceedings. The assessee reiterated that he had no records or evidence relating to the source of income so earned. Therefore, the Assessing officer levied the penalty u/s 271(1)(c) of the Act, observing as under:- “10. Based on above discussion the following conclusions may be drawn A. The assessee

DCIT, CHANDIGARH vs. SMT. MANJIT KAUR, CHANDIGARH

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

section 271(1)(c) of the Act and initiated penalty proceedings. The assessee reiterated that he had no records or evidence relating to the source of income so earned. Therefore, the Assessing officer levied the penalty u/s 271(1)(c) of the Act, observing as under:- “10. Based on above discussion the following conclusions may be drawn A. The assessee

DCIT, CHANDIGARH vs. SH. PARAMJIT SINGH, MOHALI

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

section 271(1)(c) of the Act and initiated penalty proceedings. The assessee reiterated that he had no records or evidence relating to the source of income so earned. Therefore, the Assessing officer levied the penalty u/s 271(1)(c) of the Act, observing as under:- “10. Based on above discussion the following conclusions may be drawn A. The assessee

DCIT, CHANDIGARH vs. SMT. JASWANT KAUR, MOHALI

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

section 271(1)(c) of the Act and initiated penalty proceedings. The assessee reiterated that he had no records or evidence relating to the source of income so earned. Therefore, the Assessing officer levied the penalty u/s 271(1)(c) of the Act, observing as under:- “10. Based on above discussion the following conclusions may be drawn A. The assessee

DCIT, CHANDIGARH vs. SH. KULWANT SINGH, MOHALI

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

section 271(1)(c) of the Act and initiated penalty proceedings. The assessee reiterated that he had no records or evidence relating to the source of income so earned. Therefore, the Assessing officer levied the penalty u/s 271(1)(c) of the Act, observing as under:- “10. Based on above discussion the following conclusions may be drawn A. The assessee

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)

section 271(1)(c) of the Act. 4. Aggrieved by the same the assessee has come up in appeal before us raising the following effective ground: “1. That the learned CIT (A) has erred in confirming the penalty u/s 271(1)(c) of the Income Tax Act,1961 imposed by the Assessing Officer against the facts and circumstances

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) 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 on which penalty Issues where penalty proceedings proceedings initiated initiated 8m A.Y. claim of deduction u/s 80IC Rs.7,36,16,042/- Other income Rs.21,84,505/- U/s 14A Rs.5

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) 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 on which penalty Issues where penalty proceedings proceedings initiated initiated 8m A.Y. claim of deduction u/s 80IC Rs.7,36,16,042/- Other income Rs.21,84,505/- U/s 14A Rs.5

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

5. Aggrieved by the same the assessee has come up in appeal before us raising following effective ground: “1. That the learned CIT(A) has erred in confirming the penalty under section 271(1)(c) of the Act, 1961 imposed by the Assessing Officer against the facts and circumstances of the case.” 6. Subsequently, vide a written communication dated

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

5. Aggrieved by the same the assessee has come up in appeal before us raising following effective ground: “1. That the learned CIT(A) has erred in confirming the penalty under section 271(1)(c) of the Act, 1961 imposed by the Assessing Officer against the facts and circumstances of the case.” 6. Subsequently, vide a written communication dated

JARNAIL SINGH GILL,JAGRAON vs. INCOME TAX OFFICER, WARD-1, JAGRAON

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

Bench: The Tribunal & The Matter Was Remanded Back To Ao For Fresh Adjudication. Thereafter, The Assessment Order Was Passed

5. We have considered the written submissions of the assessee as well as the arguments of the Id. D/R and carefully perused the impugned orders of the authorities below. There is no dispute that the assessee has neither filed any return of income nor appeared before the AO in response to the notice under section 148 as well as notices

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

In the result, appeal of the Assessee is allowed

section 271(1)(c) of the Act, the reply given vide letter dt. 30/05/2019 (copy of which is placed at page no. 16 & 17 of the assessee’s paper book) was as under: “F.No:DCIT/Circle6(1)/Mohali/2019-20/178 Dated: 30.05.2019 To Sh. Ramesh Dudani C-104, I.A., Phase-7, Mohali. Sir, Sub: Calculation in respect of penalty u/s 271

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

Section 271AAB (1), or clause (a) or (b) of 271 AAB (1 A) of the Act, penalty is leviable on the assessee. Therefore, we are of the opinion that the notice initiating penalty u/s 271 AAB of the Act is vague and the assessee was not made aware of the actual charge on which the penalty proceedings will be initiated

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) of the Act on addition of Rs. 11,50,050/- which was sustained on factual basis of the physical verification of stock taken by the department at the time of search. 397-Chd-2023 – M/s Happy Steel Pvt. Ltd., Ludhiana 4 5

THE KANGRA CENTRAL COOPERATIVE BANK LIMITED,DHARAMSHALA vs. DEPUTY COMMISSIONER OF INCOME TAX, PALAMPUR

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

Bench: SHRI. RAJPAL YADAV (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

Section 271(1)(c). That is clearly not the intendment of the Legislature.” 14. In light of aforesaid discussions and in the entirety of facts and circumstances of the case and respectfully following the decision supra, the levy of penalty u/s 271(1)(c) is hereby directed to be deleted. 15. In ITA No. 805/CHD/2023 pertaining to Assessment Year

M/S BAJWA DEVELOPERS LTD.,KHARAR vs. DCIT, CC-II, CHANDIGARH

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

u/s 271 AAA r.w. section 274 as passed by the Assessing Officer vide order, dated 28.09.2017, wherein, the Assessing officer has levied a penalty of Rs. 2,88,65,300/- against which the assessee filed an appeal before the CIT(A)(Central), Gurgaon. The Ld. CIT(A) vide order, dated 26.04.2019 sustained the penalty

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

u/s 271 AAA r.w. section 274 as passed by the Assessing Officer vide order, dated 28.09.2017, wherein, the Assessing officer has levied a penalty of Rs. 2,88,65,300/- against which the assessee filed an appeal before the CIT(A)(Central), Gurgaon. The Ld. CIT(A) vide order, dated 26.04.2019 sustained the penalty

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

u/s 271 AAA r.w. section 274 as passed by the Assessing Officer vide order, dated 28.09.2017, wherein, the Assessing officer has levied a penalty of Rs. 2,88,65,300/- against which the assessee filed an appeal before the CIT(A)(Central), Gurgaon. The Ld. CIT(A) vide order, dated 26.04.2019 sustained the penalty