SANDEEP GUPTA,GHAZIABAD vs. PR, CIT, GHAZIABAD

In the result, the appeal of the assessee is allowed

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year: 2015-16 Sandeep Gupta, Vs. Pr. Cit 152, Chanderpuri, Ghaziabad Ghaziabad, Uttar Pradesh 201009 (Appellant) (Respondent)

penalty proceedings under section 271(1)(c) of the Act that the Ld. Pr. CIT initiated proceedings under section 6 263 of the Act and issued show cause notice to the assessee to which the assessee gave written submission which has been incorporated by the Ld. Pr. CIT in para 2.3 of his order dated 5.3.2021 under section 263

PRATEEK GUPTA,GHAZIABAD vs. PR, CIT, GHAZIABAD

In the result, the appeal of the assessee is allowed

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year: 2015-16 Prateek Gupta, Vs. Pr. Cit 152, Chanderpuri, Ghaziabad Ghaziabad, Uttar Pradesh 201001 Pan Atbpg8602J (Appellant) (Respondent)

penalty proceedings under section 271(1)(c) of the Act that the Ld. Pr. CIT initiated proceedings under section 263 of the Act and issued a show cause notice on 03.1.2020 to which the assessee furnished written submission dated 11.02.2020, the gist of which the Ld. Pr. CIT has incorporated in his order in para 3.1 thereof

PAWAN KUMAR AGARWAL,NEW DELHI vs. PR. CIT - 12, NEW DELHI

In the result, the appeals filed by the assessee are allowed

Bench: Shri Amit Shukla & Shri Pradip Kumar Kedia

271(1)(c) page 14 of the order incriminating material. passed u/s 263) Merit The direction on the issue of penalty is beyond the purview of provisions of section

PAWAN KUMAR AGARWAL,NEW DELHI vs. PR. CIT - 12, NEW DELHI

In the result, the appeals filed by the assessee are allowed

Bench: Shri Amit Shukla & Shri Pradip Kumar Kedia

271(1)(c) page 14 of the order incriminating material. passed u/s 263) Merit The direction on the issue of penalty is beyond the purview of provisions of section

PAWAN KUMAR AGARWAL,NEW DELHI vs. PR. CIT - 12, NEW DELHI

In the result, the appeals filed by the assessee are allowed

Bench: Shri Amit Shukla & Shri Pradip Kumar Kedia

271(1)(c) page 14 of the order incriminating material. passed u/s 263) Merit The direction on the issue of penalty is beyond the purview of provisions of section

DHANKOT FILLING STATION ,GURGAON vs. PR.CIT, FARIDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri C.M.Garg & Shri M. Balaganeshdhankot Filling Station, Vs. Pr. Cit, Sultanpur Road, Village Faridabad Dhankot, Gurgaon, Haryana- 122505 (Appellant) (Respondent) Pan: Aaefd7291A Assessee By : Sh. Sandeep Kumar, Ca Revenue By: Sh. T. James Singson, Cit Dr Date Of Hearing 20/04/2023 Date Of Pronouncement 24/04/2023

263 of the Income Tax Act, 1961 by holding that the order passed by the Assessing Officer is not erroneous and prejudicial to the interest of revenue, on the issue of penalty proceedings u/s 271 (1)(c) of the Income Tax Act, 1961 read with Explanation 5A which had not been initiated by the Assessing Officer during the course

M/S IRCON SOMA TOLLWAY (P) LTD.,,NEW DELHI vs. PR. CIT-4, NEW DELHI

The appeals are dismissed as\ninfructuous

penalty notice u/s 271(1)(c) for which\nthere was no direction u/s 263.\n5. The Ld. AO has grossly erred on facts as well as in law in\ncharging interest under various section

IRCON SOMA TOLLWAY (P) LTD.,,NEW DELHI vs. ADDL.CIT, SPECIALO RANGE-4, NEW DELHI

The appeals are dismissed as\ninfructuous

penalty notice u/s 271(1)(c) for which\nthere was no direction u/s 263.\n5. The Ld. AO has grossly erred on facts as well as in law in\ncharging interest under various section

PAWAN KUMAR AGARWAL,NEW DELHI vs. PR. CIT-12, NEW DELHI

In the result, this ground of appeal is allowed

Bench: Shri Pradip Kumar Kedia & Shri Narender Kumar Choudhry

penalty proceedings under section 271AAB(1)(c) instead of u/s 271(1)(c) of the Act ignoring the fact that in proceedings u/s. 263

PAWAN KUMAR AGARWAL,NEW DELHI vs. PR. CIT-12, NEW DELHI

In the result, this ground of appeal is allowed

Bench: Shri Pradip Kumar Kedia & Shri Narender Kumar Choudhry

penalty proceedings under section 271AAB(1)(c) instead of u/s 271(1)(c) of the Act ignoring the fact that in proceedings u/s. 263

IRCON SOMA TOLLWAY (P) LTD.,,NEW DELHI vs. ADDL.CIT, SPECIALO RANGE-4, NEW DELHI

The appeals are dismissed as infructuous

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarassessment Year: 2012-13 Assessment Year: 2013-14 Assessment Year: 2012-13 Assessment Year: 2013-14 M/S. Ircon Soma Tollway (P) Vs. Principal Commissioner Of Ltd., B-4/45, Ground Floor, Income Tax, Range-4, Safdarjung Enclave, New Delhi New Delhi Pan No. Aabci4622C (Appellant) (Respondent)

penalty notice u/s 271(1)(c) for which there was no direction u/s 263. 5. The Ld. AO has grossly erred on facts as well as in law in charging interest under various section

M/S IRCON SOMA TOLLWAY (P) LTD.,,NEW DELHI vs. PR. CIT-4, NEW DELHI

The appeals are dismissed as infructuous

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarassessment Year: 2012-13 Assessment Year: 2013-14 Assessment Year: 2012-13 Assessment Year: 2013-14 M/S. Ircon Soma Tollway (P) Vs. Principal Commissioner Of Ltd., B-4/45, Ground Floor, Income Tax, Range-4, Safdarjung Enclave, New Delhi New Delhi Pan No. Aabci4622C (Appellant) (Respondent)

penalty notice u/s 271(1)(c) for which there was no direction u/s 263. 5. The Ld. AO has grossly erred on facts as well as in law in charging interest under various section

INTERNATIONAL HOSPITAL LTD. (BEFORE AMALGAMATION M/S ESCORTS HOSPITAL AND RESEARCH CENTRE LTD),NEW DELHI vs. ITO, WARD-8(3), NEW DELHI

The appeals are dismissed as infructuous

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarassessment Year: 2012-13 Assessment Year: 2013-14 Assessment Year: 2012-13 Assessment Year: 2013-14 M/S. Ircon Soma Tollway (P) Vs. Principal Commissioner Of Ltd., B-4/45, Ground Floor, Income Tax, Range-4, Safdarjung Enclave, New Delhi New Delhi Pan No. Aabci4622C (Appellant) (Respondent)

penalty notice u/s 271(1)(c) for which there was no direction u/s 263. 5. The Ld. AO has grossly erred on facts as well as in law in charging interest under various section

NAKSHATRA METALS PRIVATE LIMITED,DELHI vs. ITO,WARD 18(1), DELHI

The appeals are dismissed as infructuous

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarassessment Year: 2012-13 Assessment Year: 2013-14 Assessment Year: 2012-13 Assessment Year: 2013-14 M/S. Ircon Soma Tollway (P) Vs. Principal Commissioner Of Ltd., B-4/45, Ground Floor, Income Tax, Range-4, Safdarjung Enclave, New Delhi New Delhi Pan No. Aabci4622C (Appellant) (Respondent)

penalty notice u/s 271(1)(c) for which there was no direction u/s 263. 5. The Ld. AO has grossly erred on facts as well as in law in charging interest under various section

SANDEEP HOODA,NEW DELHI vs. PR.CIT - 7, NEW DELHI

The appeal is allowed and the impugned order dated 30

Bench: Shri Anil Chaturvedi & Shri Anubhav Sharmasandeep Hooda, Vs. Pr. Cit-7, C/O. Rra Taxindia, D-28, South New Delhi Extension, Part-I, New Delhi (Appellant) (Respondent) Pan: Aacph5453J

penalty proceedings u/s 271. 15. Hon'ble Supreme Court in the case of Jute Corpn. of India Ltd. v. CIT [1991] 187 ITR 688/[1990] 53 Taxman 85 held as under:- "5. In CIT v Kanpur Coal Syndicate, a three Judge bench of this Court discussed the scope of section 31(3)(a) of the Income Tax Act, 1922 which

HIMANSHU MALHOTRA (THROUGH LEGAL HEIR OF LATE SH. ASHOK MALHOTRA),NEW DELHI vs. ACIT CIRCLE -14, NEW DELHI

In the result, Appeal of the assessee in ITA No

Bench: Imposing Penalty. Page 2 Of 15

Section 147 of the Income Tax Act (‘Act’ for short) in the case of Sh. Ashok Malhotra and the reassessment was subject to revision vide order dated 30/03/2011 u/s 263 of the Act. In pursuance to the order u/s 263 of the Act, the reassessment was completed on 15/12/2011 u/s 253/143(3) of the Act against Sh. Ashok Malhotra

HIMANSHU MALHOTRA (THROUGH LEGAL HEIR OF LATE SH. ASHOK MALHOTRA),NEW DELHI vs. ACIT CIRCLE-14, NEW DELHI

In the result, Appeal of the assessee in ITA No

Bench: Imposing Penalty. Page 2 Of 15

Section 147 of the Income Tax Act (‘Act’ for short) in the case of Sh. Ashok Malhotra and the reassessment was subject to revision vide order dated 30/03/2011 u/s 263 of the Act. In pursuance to the order u/s 263 of the Act, the reassessment was completed on 15/12/2011 u/s 253/143(3) of the Act against Sh. Ashok Malhotra

HIMANSHU MALHOTRA (THROUGH LEGAL HEIR OF LATE. SH. ASHOK MALHOTRA),NEW DELHI vs. ACIT CIRCLE-14, NEW DELHI

In the result, Appeal of the assessee in ITA No

Bench: Imposing Penalty. Page 2 Of 15

Section 147 of the Income Tax Act (‘Act’ for short) in the case of Sh. Ashok Malhotra and the reassessment was subject to revision vide order dated 30/03/2011 u/s 263 of the Act. In pursuance to the order u/s 263 of the Act, the reassessment was completed on 15/12/2011 u/s 253/143(3) of the Act against Sh. Ashok Malhotra