M/S. HOUSING AND URBAN DEVELOPMENT CORPORATION LTD.(HUDCO),NEW DELHI vs. DCIT, NEW DELHI

Appeals of the assessee stands allowed

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

271(1)(c) of the Act. In the case before the HKHC, since such reasons were neither mentioned in the penalty initiation notice, nor were clearly discernible from the assessment order where the taxable income was enhanced, the penalty levy was deleted for want of application of mind by the tax officer. Revenue's appeal against this HKHC judgment before

M/S. HOUSING AND URBAN DEVELOPMENT CORPORATION LTD.(HUDCO),NEW DELHI vs. DCIT, NEW DELHI

Appeals of the assessee stands allowed

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

271(1)(c) of the Act. In the case before the HKHC, since such reasons were neither mentioned in the penalty initiation notice, nor were clearly discernible from the assessment order where the taxable income was enhanced, the penalty levy was deleted for want of application of mind by the tax officer. Revenue's appeal against this HKHC judgment before

M/S. HOUSING AND URBAN DEVELOPMENT CORPORATION LTD.(HUDCO),NEW DELHI vs. DCIT, NEW DELHI

Appeals of the assessee stands allowed

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

271(1)(c) of the Act. In the case before the HKHC, since such reasons were neither mentioned in the penalty initiation notice, nor were clearly discernible from the assessment order where the taxable income was enhanced, the penalty levy was deleted for want of application of mind by the tax officer. Revenue's appeal against this HKHC judgment before

M/S. INDIA EXPOSITION MART LTD.,NEW DELHI vs. DCIT, NEW DELHI

penalty proceedings u/s 271(1)(c) of\nthe Act, is initiated separately.”\n\n(2.3) The Assessee filed appeal before the Ld. CIT(A) in which the following grounds\nof appeal were raised:\n\n\"1. The Learned DCIT erred in law by reopening assessment u/s 147 of\nIncome Tax on the basis of change in opinion.\n2. The Learned

M/S. PADMINI INFRASTRUCTURE DEVELOPERS INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Shri K.N. Chary & Shri Anadee Nath Misshra

147, (though not directly concerned with the provision of section 271(1)(c), also lays down clearly that mere production/furnishing of books of accounts/details/documents, etc. (from which A.O. could with due diligence discover something) does not amount to true, full and correct disclosure on the part of the assessee so far as taxing of income is concerned

PR. COMMISSIONER OF INCOME TAX-19 vs. SHRI NEERAJ JINDAL

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE NAJMI WAZIRI

147, but not under Section 153A. The CIT (A) held that for the purpose of imposition of penalty, the original return of income filed u/s 139 cannot be considered. Penalty u/s 271

PR. COMMISSIONER OF INCOME TAX-19 vs. SHRI ANKUR AGGARWAL

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE NAJMI WAZIRI

147, but not under Section 153A. The CIT (A) held that for the purpose of imposition of penalty, the original return of income filed u/s 139 cannot be considered. Penalty u/s 271

PR. COMMISSIONER OF INCOME TAX-19 vs. SHRI ANKUR AGGARWAL

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE NAJMI WAZIRI

147, but not under Section 153A. The CIT (A) held that for the purpose of imposition of penalty, the original return of income filed u/s 139 cannot be considered. Penalty u/s 271

SANJEEV JAIN,NEW DELHI vs. DCIT, CENTRAL CIRCLE, GHAZIABAD

In the result, the appeals of the assessee are allowed

Bench: Shri H. S. Sidhu & Dr. B. R. R. Kumar

147, section 148, section 149, section 151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer shall- a) issue notice to such person requiring him to furnish within

RISHABH BUILDWELL P.LTD,NEW DELHI vs. DCIT, CENTRAL CIRCLE, GHAZIABAD

In the result, the appeals of the assessee are allowed

Bench: Shri H. S. Sidhu & Dr. B. R. R. Kumar

147, section 148, section 149, section 151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer shall- a) issue notice to such person requiring him to furnish within

SANJEEV JAIN,NEW DELHI vs. DCIT, CENTRAL CIRCLE, GHAZIABAD

In the result, the appeals of the assessee are allowed

Bench: Shri H. S. Sidhu & Dr. B. R. R. Kumar

147, section 148, section 149, section 151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer shall- a) issue notice to such person requiring him to furnish within

SANJEEV J AIN,NEW DELHI vs. DCIT, CENTRAL CIRCLE, GHAZIABAD

In the result, the appeals of the assessee are allowed

Bench: Shri H. S. Sidhu & Dr. B. R. R. Kumar

147, section 148, section 149, section 151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer shall- a) issue notice to such person requiring him to furnish within

SANJEEV J AIN,NEW DELHI vs. DCIT, CENTRAL CIRCLE, GHAZIABAD

In the result, the appeals of the assessee are allowed

Bench: Shri H. S. Sidhu & Dr. B. R. R. Kumar

147, section 148, section 149, section 151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer shall- a) issue notice to such person requiring him to furnish within

SANJEEV JAIN,NEW DELHI vs. DCIT, CENTRAL CIRCLE, GHAZIABAD

In the result, the appeals of the assessee are allowed

Bench: Shri H. S. Sidhu & Dr. B. R. R. Kumar

147, section 148, section 149, section 151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer shall- a) issue notice to such person requiring him to furnish within

RISHABH BUILDWELL P.LTD,NEW DELHI vs. DCIT, CENTRAL CIRCLE, GHAZIABAD

In the result, the appeals of the assessee are allowed

Bench: Shri H. S. Sidhu & Dr. B. R. R. Kumar

147, section 148, section 149, section 151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer shall- a) issue notice to such person requiring him to furnish within

M/S. JINDAL STEEL & POWER LIMITED,NEW DELHI vs. ACIT, HISAR

In the result the appeal of the assessee is partly allowed

Bench: Sh. C.M. Garg & Sh. O.P. Kant

271(1)(c) of the Act. 6.4 The CIT(A) has upheld the penalty by holding as under: “This issue has been discussed at length by the AO in order levying penalty. He has also shown how the case laws relied upon by the appellant have no bearing of the case. I, too agree that the assessee has tried

SURESH CHAND BANSAL,HARYANA vs. ACIT, CENTRAL CIRCLE-16 , DELHI

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

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)

147, section 148, section 149, section 151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer shall- (a) Issue notice to such person requiring him to furnish within

AMIT BANSAL,HARYANA vs. ACIT, CENTRAL CIRCLE-16, DELHI

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

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)

147, section 148, section 149, section 151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer shall- (a) Issue notice to such person requiring him to furnish within