RAKESH KUMAR GUPTA,DELHI vs. LD. ITO, WARD 35(1), DELHI, DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Anubhav Sharma & Shri Amitabh Shukla, Accountnat Member [Assessment Year: 2021-22] Rakesh Kumar Gupta, Income Tax Officer, Ward-35(1), B-2/38, Ground Floor, E-2, Civic Centre, Delhi-110002 Ashok Vihar, Phase-Ii, Vs Delhi-110052 Pan-Aafhr8657H Appellant Respondent

271- AAB. (7) The penalty referred to in sub-section (1) shall be a sum equal to fifty per cent of the amount of tax payable on under-reported income. (8) Notwithstanding anything contained in sub-section (6) or subsection (7), where under-reported income is in consequence of any misreporting thereof by any person, the penalty referred

ACIT, NEW DELHI vs. M/S. KOSTUB INVESTMENT LTD., NEW DELHI

Accordingly, the appeal of Revenue is dismissed being infructuous

Bench: Sh. N.K.Billaiya & Sh.Anubhav Sharma

246A, and the Commissioner (Appeals) passes the order on or after the 1st day of June, 2003 disposing of such appeal, an order imposing penalty shall be passed before the expiry of the financial year in which the proceedings, in the course of which action for imposition of penalty has been initiated, are completed, or within one year from

DCIT, CENTRAL CIRCLE-7, NEW DELHI vs. MOHD. SHAHNAWAZ, NEW DELHI

In the result, the Appeals filed by the Revenue are dismissed

Bench: Sh. Pradip Kumar Kedia & Shri Yogesh Kumar U.S.I.T.A. No. 9051/Del/2019 (A.Y 2008-09) I.T.A. No. 9260/Del/2019 (A.Y 2010-11)

271(5)(1)(c) provides for limitation to initiate penalty u/s 271D and 271E of the Act, which reads as under: “No order imposing a penalty under this Chapter shall be passed— (a) in a case where the relevant assessment or other order is the subject-matter of an appeal to the [***] Commissioner (Appeals) under section 246 or section 246A

DCIT, CENTRAL CIRCLE-07, NEW DELHI vs. MOHD. SHAHNAWAZ, NEW DELHI

In the result, the Appeals filed by the Revenue are dismissed

Bench: Sh. Pradip Kumar Kedia & Shri Yogesh Kumar U.S.I.T.A. No. 9051/Del/2019 (A.Y 2008-09) I.T.A. No. 9260/Del/2019 (A.Y 2010-11)

271(5)(1)(c) provides for limitation to initiate penalty u/s 271D and 271E of the Act, which reads as under: “No order imposing a penalty under this Chapter shall be passed— (a) in a case where the relevant assessment or other order is the subject-matter of an appeal to the [***] Commissioner (Appeals) under section 246 or section 246A

DCIT, CENTRAL CIRCLE-07, NEW DELHI vs. MOHD. SHAHNAWAZ, NEW DELHI

In the result, the Appeals filed by the Revenue are dismissed

Bench: Sh. Pradip Kumar Kedia & Shri Yogesh Kumar U.S.I.T.A. No. 9051/Del/2019 (A.Y 2008-09) I.T.A. No. 9260/Del/2019 (A.Y 2010-11)

271(5)(1)(c) provides for limitation to initiate penalty u/s 271D and 271E of the Act, which reads as under: “No order imposing a penalty under this Chapter shall be passed— (a) in a case where the relevant assessment or other order is the subject-matter of an appeal to the [***] Commissioner (Appeals) under section 246 or section 246A

DCIT, CENTRAL CIRCLE-7, NEW DELHI vs. MOHD. SHAHNAWAZ, NEW DELHI

In the result, the Appeals filed by the Revenue are dismissed

Bench: Sh. Pradip Kumar Kedia & Shri Yogesh Kumar U.S.I.T.A. No. 9051/Del/2019 (A.Y 2008-09) I.T.A. No. 9260/Del/2019 (A.Y 2010-11)

271(5)(1)(c) provides for limitation to initiate penalty u/s 271D and 271E of the Act, which reads as under: “No order imposing a penalty under this Chapter shall be passed— (a) in a case where the relevant assessment or other order is the subject-matter of an appeal to the [***] Commissioner (Appeals) under section 246 or section 246A

DCIT, CENTRAL CIRCLE-7, NEW DELHI vs. MOHD. SHAHNAWAZ, NEW DELHI

In the result, the Appeals filed by the Revenue are dismissed

Bench: Sh. Pradip Kumar Kedia & Shri Yogesh Kumar U.S.I.T.A. No. 9051/Del/2019 (A.Y 2008-09) I.T.A. No. 9260/Del/2019 (A.Y 2010-11)

271(5)(1)(c) provides for limitation to initiate penalty u/s 271D and 271E of the Act, which reads as under: “No order imposing a penalty under this Chapter shall be passed— (a) in a case where the relevant assessment or other order is the subject-matter of an appeal to the [***] Commissioner (Appeals) under section 246 or section 246A

DCIT, CENTRAL CIRCLE-7, NEW DELHI vs. MOHD. SHAHNAWAZ, NEW DELHI

In the result, the Appeals filed by the Revenue are dismissed

Bench: Sh. Pradip Kumar Kedia & Shri Yogesh Kumar U.S.I.T.A. No. 9051/Del/2019 (A.Y 2008-09) I.T.A. No. 9260/Del/2019 (A.Y 2010-11)

271(5)(1)(c) provides for limitation to initiate penalty u/s 271D and 271E of the Act, which reads as under: “No order imposing a penalty under this Chapter shall be passed— (a) in a case where the relevant assessment or other order is the subject-matter of an appeal to the [***] Commissioner (Appeals) under section 246 or section 246A

PARAMOUNT VILLAS PVT. LTD.,NEW DELHI vs. JCIT, RANGE-76, NEW DELHI

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

Bench: Shri Saktijit Dey & Shri M. Balaganeshparamount Villas Pvt. Ltd, Vs. Jcit, 208, Second Floor, Sikkha Range-76, Mansion Lsc, Savita New Delhi Vihar, New Delhi (Appellant) (Respondent) Pan: Aagcm6447E

246A, and the Commissioner (Appeals) passes the order on or after the 1st day of June, 2003 disposing of such appeal, an order imposing penalty shall be passed before the expiry of the financial year in which the proceedings, in the course of which action for imposition of penalty has been initiated, are completed, or within one year from

SUNIL DANDRIYAL,DEHRADUN vs. JCIT, CENTRAL RANGE, MEERUT

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

Bench: SHRI M. BALAGANESH (Accountant Member), MS. ASTHA CHANDRA (Judicial Member)

246A, and the Commissioner (Appeals) passes the order on or after the 1st day of June, 2003 disposing of such appeal, an order imposing penalty shall be passed before the expiry of the financial year in which the proceedings, in the course of which action for imposition of penalty has been initiated, are completed, or within one year from

SUNIL DANDRAYAL,DEHRADUN vs. JCIT, CENTRAL RANGE, MEERUT

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

Bench: SHRI M. BALAGANESH (Accountant Member), MS. ASTHA CHANDRA (Judicial Member)

246A, and the Commissioner (Appeals) passes the order on or after the 1st day of June, 2003 disposing of such appeal, an order imposing penalty shall be passed before the expiry of the financial year in which the proceedings, in the course of which action for imposition of penalty has been initiated, are completed, or within one year from

RAKESH GUPTA,NEW DELHI vs. DCIT, CENTRAL CIRCLE-19, NEW DELHI

In the result, the assessee’s appeal is partly allowed for

271(1)(c) of IT Act ignoring the fact that the addition in the quantum proceedings have been confirmed on estimate basis by substituting the rate of commission on accommodation entries by the authorities at higher rate. The rejection of the explanation in support of the rate of commission declared by the appellant is merely based on the presumption

SRI CHAUDHARY,GHAZIABAD vs. PR. CIT , GHAZIABAD

In the result, the appeal of the assessee is allowed

Bench: Sh. C. M. Gargdr. B. R. R. Kumar

u/s 271(1)(c) of the Act dated 05.03.2021. The provision of section 275(1A) reads as under: “275. 15[(1)] No order imposing a penalty under this Chapter shall be passed— 16[(a) in a case where the relevant assessment or other order is the subject-matter of an appeal to the 17[***] Commissioner (Appeals) under section

PME POWER SOLUTIONS INDIA LTD,NEW DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, NEW DELHI

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

Bench: Shri M. Balaganesh & Shri Vimal Kumar

246A of the Act, separate appeal is provided for the assessment made under section 144 of the Act. In the case of a best judgment assessment, as per the provision of section 142(3), there is no requirement of any opportunity of being heard to the assessee in respect of the material gathered by the Assessing Officer whereas

PME POWER SOLUTIONS INDIA LTD,NEW DELHI vs. DY. COMMISSIONER OF INCOME TAX, NEW DELHI

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

Bench: Shri M. Balaganesh & Shri Vimal Kumar

246A of the Act, separate appeal is provided for the assessment made under section 144 of the Act. In the case of a best judgment assessment, as per the provision of section 142(3), there is no requirement of any opportunity of being heard to the assessee in respect of the material gathered by the Assessing Officer whereas

UJJAWALA POWER PVT. LTD.,DELHI vs. DCIT, CIRCLE- 27(1), NEW DELHI

Appeal are allowed

Bench: Shri Narendra Kumar Billaiya & Shri Kul Bharat[Assessment Year: 2013-14

sections C shaped) are mounted on Rafters (para 2.2.5) (vii) Purlins (North - South direction) used for module mounting are mounted on East - West Purlins (para 2.2.6). (viii) Solar modules are mounted /installed (para 2.3 to 2.3.3) 2.2 The starting point of mounting of solar module is civil pile cap / civil work in which anchor bolts are casted. Without civil work

NURAY REALTECH PRIVATE LIMITED,NEW DELHI vs. ITO WARD - 18(4), NEW DELHI

In the result, the assessee’s appeal is partly allowed for

Bench: Ld. Ao & Ld. Cit(A). Thus, The Additions Made By Ao Are Erroneous & Bad In Law.

penalty proceedings under section 271(1)(c) on account of above disallowance treating the same as concealment of income is unwarranted and must be quashed. That the above grounds of appeal are without prejudice to each other. That the appellant reserves its right to add, alter, amend or withdraw any ground of appeal before or at the time of hearing

GECOM INTERNATIONAL PVT. LTD.,,NEW DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Dr. B. R. R. Kumar, Sh. Anubhav Sharma

246A of the Act. On the facts and circumstances of the case and in law, the learned AO erred in assessing the income of the Appellant at Rs.7,52,40,570 as against the returned income of Rs.7.12,87,080. 2. On the facts and circumstances of the case and in law, the learned