A2Z INFRA ENGINEERING LIMITED,GURGAON vs. DCIT- CENTRAL CIRCLE-2, FARIDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharma

u/s 274 read with section 271(1)(c) of the Act is also enclosed” 15.2 In the absence of nature of default discernible from the directions of AO at the time of framing the assessment order, consequent penalty proceedings itself is unsustainable in law. In parity with ITA no. 2631/D/2019 and 939/D/2019 supra, the entire penalty proceedings is void

DCIT CC-2 , FARIDABAD vs. A2Z MAINTENANCE AND ENGINEERING SERVICES LTD., GURGAON

In the result, the appeal of the assessee is allowed

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharma

u/s 274 read with section 271(1)(c) of the Act is also enclosed” 15.2 In the absence of nature of default discernible from the directions of AO at the time of framing the assessment order, consequent penalty proceedings itself is unsustainable in law. In parity with ITA no. 2631/D/2019 and 939/D/2019 supra, the entire penalty proceedings is void

A2Z INFRA ENGINEERING LIMITED,GURGAON vs. DCIT- CENTRAL CIRCLE-2, FARIDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharma

u/s 274 read with section 271(1)(c) of the Act is also enclosed” 15.2 In the absence of nature of default discernible from the directions of AO at the time of framing the assessment order, consequent penalty proceedings itself is unsustainable in law. In parity with ITA no. 2631/D/2019 and 939/D/2019 supra, the entire penalty proceedings is void

A2Z MAINTENANCE & ENGINEERING SERVICES LTD.,GURGAON vs. DCIT, CENTRAL CIRCLE-II, FARIDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharma

u/s 274 read with section 271(1)(c) of the Act is also enclosed” 15.2 In the absence of nature of default discernible from the directions of AO at the time of framing the assessment order, consequent penalty proceedings itself is unsustainable in law. In parity with ITA no. 2631/D/2019 and 939/D/2019 supra, the entire penalty proceedings is void

A2Z INFRA ENGINEERING LIMITED,GURGAON vs. DCIT CC-2 , FARIDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharma

u/s 274 read with section 271(1)(c) of the Act is also enclosed” 15.2 In the absence of nature of default discernible from the directions of AO at the time of framing the assessment order, consequent penalty proceedings itself is unsustainable in law. In parity with ITA no. 2631/D/2019 and 939/D/2019 supra, the entire penalty proceedings is void

INFRA ENGINEERS LTD.,GURGAON vs. DCIT, CC-2, FARIDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharma

u/s 274 read with section 271(1)(c) of the Act is also enclosed” 15.2 In the absence of nature of default discernible from the directions of AO at the time of framing the assessment order, consequent penalty proceedings itself is unsustainable in law. In parity with ITA no. 2631/D/2019 and 939/D/2019 supra, the entire penalty proceedings is void

DCIT-CENTRAL CIRCLE-2, FARIDABAD vs. A2Z INFRA ENGINEERS LTD., GURGAON

In the result, the appeal of the assessee is allowed

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharma

u/s 274 read with section 271(1)(c) of the Act is also enclosed” 15.2 In the absence of nature of default discernible from the directions of AO at the time of framing the assessment order, consequent penalty proceedings itself is unsustainable in law. In parity with ITA no. 2631/D/2019 and 939/D/2019 supra, the entire penalty proceedings is void

SMT. SUMAN LAKHANI,NEW DELHI vs. ACIT, FARIDABAD

In the result, the penalty amounting to Rs

Bench: Shri Amit Shukla & Shri Anadee Nath Misshra

24. Hence, in our considered opinion, the penalty’ levied u/s 271(I)(c) in this case is liable to be deleted. We set aside the orders of the authorities below and delete the levy of penalty. We note that the assessee has also raised that the penalty is not leviable in as much as penalty notice did not specif

M/S. SPAZE TOWERS PVT. LTD.,GURGAON vs. DCIT, FARIDABAD

In the result, the appeal filed by the Revenue as well as the application filed under Rule 27 of the ITAT Rules by the assessee are dismissed

Bench: Shri O.P. Kant, Accountnat Member & Shri Kuldip Singh

u/s 139(1) was filed later without availing the copies of the seized documents and in the return filed in response to section 153A, the assessee amended any errors it may have inadvertently missed out earlier by declaring an income higher than the surrendered amount.” 11.15 Aggrieved with the finding of the Ld. CIT(A) of deleting the penalty

DCIT, FARIDABAD vs. M/S. SPAZE TOWER PVT. LTD., GURGAON

In the result, the appeal filed by the Revenue as well as the application filed under Rule 27 of the ITAT Rules by the assessee are dismissed

Bench: Shri O.P. Kant, Accountnat Member & Shri Kuldip Singh

u/s 139(1) was filed later without availing the copies of the seized documents and in the return filed in response to section 153A, the assessee amended any errors it may have inadvertently missed out earlier by declaring an income higher than the surrendered amount.” 11.15 Aggrieved with the finding of the Ld. CIT(A) of deleting the penalty

M/S. SPAZE TOWERS PVT. LTD.,GURGAON vs. DCIT, FARIDABAD

In the result, the appeal filed by the Revenue as well as the application filed under Rule 27 of the ITAT Rules by the assessee are dismissed

Bench: Shri O.P. Kant, Accountnat Member & Shri Kuldip Singh

u/s 139(1) was filed later without availing the copies of the seized documents and in the return filed in response to section 153A, the assessee amended any errors it may have inadvertently missed out earlier by declaring an income higher than the surrendered amount.” 11.15 Aggrieved with the finding of the Ld. CIT(A) of deleting the penalty

DCIT, NEW DELHI vs. M/S NIRALA HOUSING PVT. LTD.,, NEW DELHI

In the result, all the five appeals are dismissed

Bench: Shri S.K. Yadav & Shri Anadee Nath Misshra

section 271AAA, where the payment of tax and interest on undisclosed income was qualified by the phrase 'if any’. It was argued that tax and interest on the undisclosed income became payable only when the income of the appellant from its project became taxable, based on the accounting standard AS-7 followed by it and accepted by the AO while

M/S. NIRALA HOUSING PVT. LTD.,,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the five appeals are dismissed

Bench: Shri S.K. Yadav & Shri Anadee Nath Misshra

section 271AAA, where the payment of tax and interest on undisclosed income was qualified by the phrase 'if any’. It was argued that tax and interest on the undisclosed income became payable only when the income of the appellant from its project became taxable, based on the accounting standard AS-7 followed by it and accepted by the AO while

M/S. NIRALA HOUSING PVT. LTD.,,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the five appeals are dismissed

Bench: Shri S.K. Yadav & Shri Anadee Nath Misshra

section 271AAA, where the payment of tax and interest on undisclosed income was qualified by the phrase 'if any’. It was argued that tax and interest on the undisclosed income became payable only when the income of the appellant from its project became taxable, based on the accounting standard AS-7 followed by it and accepted by the AO while

NIRALA DEVELOPERS PVT. LTD.,,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the five appeals are dismissed

Bench: Shri S.K. Yadav & Shri Anadee Nath Misshra

section 271AAA, where the payment of tax and interest on undisclosed income was qualified by the phrase 'if any’. It was argued that tax and interest on the undisclosed income became payable only when the income of the appellant from its project became taxable, based on the accounting standard AS-7 followed by it and accepted by the AO while

M/S. NIRALA HOUSING PVT. LTD.,,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the five appeals are dismissed

Bench: Shri S.K. Yadav & Shri Anadee Nath Misshra

section 271AAA, where the payment of tax and interest on undisclosed income was qualified by the phrase 'if any’. It was argued that tax and interest on the undisclosed income became payable only when the income of the appellant from its project became taxable, based on the accounting standard AS-7 followed by it and accepted by the AO while

SHYAM SUNDER JINDAL,NEW DELHI vs. ACIT, NEW DELHI

In the result both the appeals of the assessee are allowed

Bench: Shri N.K. Saini & Smt. Beena A Pillai & Assessment Year:- 2006-07 Sh. Shyam Sunder Jindal Vs. Acit, Central Circle 30 12 A, Green Avenue New Delhi Sector D, Pocket 3 Vasant Kunj New Delhi 110 070 Pan: Aagpj 0184 N

u/s 142(1) of the Act. " A.Y. 2006-07 Sh. Shyam Sunder Jindal, New Delhi (Pages 1 to 3 of the Paper book) 1.2.5 On perusal of the impugned order, it is quite evident that the learned assessing officer imposed penalty under section 271(1)(b) of the 1ncome tax Act, 1961 only on the basis that the appellant

DCIT, NEW DELHI vs. M/S. GRANITE GATE PROPERTIES PVT. LTD., NEW DELHI

Bench: Shri H.S. Sidhu & Shri Anadi N Mishra

section 271(l)(c) of I.T.Act. We also take guidance from the order of Hon'ble Supreme Court of India in MAK Date (P.) Ltd. V. Commissioner of Income-tax-II (2013) 38 taxmann.com 448 (SC). In this case the Hon'ble Apex Court upheld the levy of penalty u/s 271(l)(c) of I.T. Act despite offer of surrender