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

271(1)(c) or U/s 271AAA for either A.Y. 2011-12 or A.Y. 2012-13 because no income was recognized in accordance with Project Completion Method of accounting and no tax was payable. Thus, he submitted that assessee, NHPL and NDPL, were not liable for penalty U/s 271AAA of I.T. Act. He also relied on decisions reported in the following

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

271(1)(c) or U/s 271AAA for either A.Y. 2011-12 or A.Y. 2012-13 because no income was recognized in accordance with Project Completion Method of accounting and no tax was payable. Thus, he submitted that assessee, NHPL and NDPL, were not liable for penalty U/s 271AAA of I.T. Act. He also relied on decisions reported in the following

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

271(1)(c) or U/s 271AAA for either A.Y. 2011-12 or A.Y. 2012-13 because no income was recognized in accordance with Project Completion Method of accounting and no tax was payable. Thus, he submitted that assessee, NHPL and NDPL, were not liable for penalty U/s 271AAA of I.T. Act. He also relied on decisions reported in the following

VISHWANATH AGGARWAL,DELHI vs. THE ADDL. CIT, CENTRAL RANGE-05, DELHI

The appeals of the assessee are allowed and the penalty is deleted

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaitas No.611 To 618/Del/2022 Assessment Years: 2010-11, 2012-13, 2011-12,2013-14, 2010-11, 2011-12, 2012-13 & 2013-14 Vishwanath Aggarwal, Vs Addl. Cit, House No.98, Block C-2, Range-05, Janakpuri, Delhi. New Delhi – 110 058. Pan: Abxpa4825B (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate & Shri Prince Bansal, Ca Revenue By : Ms Sapna Bhatia, Cit-Dr Date Of Hearing : 04.07.2024 Date Of Pronouncement : .07.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeals Filed Before Him Against The Penalty Orders Of The Ld. Assessing Officer (Hereinafter Referred To As The Ld. Ao, For Short). Further Details Of The Penalty Orders Of The Lower Authorities Are As Under:-

271 D & 271E, which have been rightly confirmed by the Ld. CIT (A). The penalty proceedings have been initiated by the assessing officer after recording his satisfaction regarding violation of provisions of section 269SS & 269T in the orders passed u/s 153A of the Act on 29.12.2017. Subsequently, the assessing officer made a reference to the JCIT on 15.02.2018 along with

VISHWANATH AGGARWAL,DELHI vs. THE ADDL. CIT, CENTRAL RANGE-05, DELHI

The appeals of the assessee are allowed and the penalty is deleted

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaitas No.611 To 618/Del/2022 Assessment Years: 2010-11, 2012-13, 2011-12,2013-14, 2010-11, 2011-12, 2012-13 & 2013-14 Vishwanath Aggarwal, Vs Addl. Cit, House No.98, Block C-2, Range-05, Janakpuri, Delhi. New Delhi – 110 058. Pan: Abxpa4825B (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate & Shri Prince Bansal, Ca Revenue By : Ms Sapna Bhatia, Cit-Dr Date Of Hearing : 04.07.2024 Date Of Pronouncement : .07.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeals Filed Before Him Against The Penalty Orders Of The Ld. Assessing Officer (Hereinafter Referred To As The Ld. Ao, For Short). Further Details Of The Penalty Orders Of The Lower Authorities Are As Under:-

271 D & 271E, which have been rightly confirmed by the Ld. CIT (A). The penalty proceedings have been initiated by the assessing officer after recording his satisfaction regarding violation of provisions of section 269SS & 269T in the orders passed u/s 153A of the Act on 29.12.2017. Subsequently, the assessing officer made a reference to the JCIT on 15.02.2018 along with

VISHWANATH AGGARWAL,DELHI vs. THE ADDL. CIT, CENTRAL RANGE-05, DELHI

The appeals of the assessee are allowed and the penalty is deleted

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaitas No.611 To 618/Del/2022 Assessment Years: 2010-11, 2012-13, 2011-12,2013-14, 2010-11, 2011-12, 2012-13 & 2013-14 Vishwanath Aggarwal, Vs Addl. Cit, House No.98, Block C-2, Range-05, Janakpuri, Delhi. New Delhi – 110 058. Pan: Abxpa4825B (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate & Shri Prince Bansal, Ca Revenue By : Ms Sapna Bhatia, Cit-Dr Date Of Hearing : 04.07.2024 Date Of Pronouncement : .07.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeals Filed Before Him Against The Penalty Orders Of The Ld. Assessing Officer (Hereinafter Referred To As The Ld. Ao, For Short). Further Details Of The Penalty Orders Of The Lower Authorities Are As Under:-

271 D & 271E, which have been rightly confirmed by the Ld. CIT (A). The penalty proceedings have been initiated by the assessing officer after recording his satisfaction regarding violation of provisions of section 269SS & 269T in the orders passed u/s 153A of the Act on 29.12.2017. Subsequently, the assessing officer made a reference to the JCIT on 15.02.2018 along with

VISHWANATH AGGARWAL ,DELHI vs. THE ADDL. CIT, CENTRAL RANGE-05, DELHI

The appeals of the assessee are allowed and the penalty is deleted

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaitas No.611 To 618/Del/2022 Assessment Years: 2010-11, 2012-13, 2011-12,2013-14, 2010-11, 2011-12, 2012-13 & 2013-14 Vishwanath Aggarwal, Vs Addl. Cit, House No.98, Block C-2, Range-05, Janakpuri, Delhi. New Delhi – 110 058. Pan: Abxpa4825B (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate & Shri Prince Bansal, Ca Revenue By : Ms Sapna Bhatia, Cit-Dr Date Of Hearing : 04.07.2024 Date Of Pronouncement : .07.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeals Filed Before Him Against The Penalty Orders Of The Ld. Assessing Officer (Hereinafter Referred To As The Ld. Ao, For Short). Further Details Of The Penalty Orders Of The Lower Authorities Are As Under:-

271 D & 271E, which have been rightly confirmed by the Ld. CIT (A). The penalty proceedings have been initiated by the assessing officer after recording his satisfaction regarding violation of provisions of section 269SS & 269T in the orders passed u/s 153A of the Act on 29.12.2017. Subsequently, the assessing officer made a reference to the JCIT on 15.02.2018 along with

VISHWANATH AGGARWAL,DELHI vs. THE ADDL. CIT, CENTRAL RANGE-05, DELHI

The appeals of the assessee are allowed and the penalty is deleted

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaitas No.611 To 618/Del/2022 Assessment Years: 2010-11, 2012-13, 2011-12,2013-14, 2010-11, 2011-12, 2012-13 & 2013-14 Vishwanath Aggarwal, Vs Addl. Cit, House No.98, Block C-2, Range-05, Janakpuri, Delhi. New Delhi – 110 058. Pan: Abxpa4825B (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate & Shri Prince Bansal, Ca Revenue By : Ms Sapna Bhatia, Cit-Dr Date Of Hearing : 04.07.2024 Date Of Pronouncement : .07.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeals Filed Before Him Against The Penalty Orders Of The Ld. Assessing Officer (Hereinafter Referred To As The Ld. Ao, For Short). Further Details Of The Penalty Orders Of The Lower Authorities Are As Under:-

271 D & 271E, which have been rightly confirmed by the Ld. CIT (A). The penalty proceedings have been initiated by the assessing officer after recording his satisfaction regarding violation of provisions of section 269SS & 269T in the orders passed u/s 153A of the Act on 29.12.2017. Subsequently, the assessing officer made a reference to the JCIT on 15.02.2018 along with

VISHWANATH AGGARWAL,DELHI vs. THE ADDL. CIT, CENTRAL RANGE-05, DELHI

The appeals of the assessee are allowed and the penalty is deleted

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaitas No.611 To 618/Del/2022 Assessment Years: 2010-11, 2012-13, 2011-12,2013-14, 2010-11, 2011-12, 2012-13 & 2013-14 Vishwanath Aggarwal, Vs Addl. Cit, House No.98, Block C-2, Range-05, Janakpuri, Delhi. New Delhi – 110 058. Pan: Abxpa4825B (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate & Shri Prince Bansal, Ca Revenue By : Ms Sapna Bhatia, Cit-Dr Date Of Hearing : 04.07.2024 Date Of Pronouncement : .07.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeals Filed Before Him Against The Penalty Orders Of The Ld. Assessing Officer (Hereinafter Referred To As The Ld. Ao, For Short). Further Details Of The Penalty Orders Of The Lower Authorities Are As Under:-

271 D & 271E, which have been rightly confirmed by the Ld. CIT (A). The penalty proceedings have been initiated by the assessing officer after recording his satisfaction regarding violation of provisions of section 269SS & 269T in the orders passed u/s 153A of the Act on 29.12.2017. Subsequently, the assessing officer made a reference to the JCIT on 15.02.2018 along with

VISHWANATH AGGARWAL ,DELHI vs. THE ADDL. CIT, CENTRAL RANGE-05, DELHI

The appeals of the assessee are allowed and the penalty is deleted

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaitas No.611 To 618/Del/2022 Assessment Years: 2010-11, 2012-13, 2011-12,2013-14, 2010-11, 2011-12, 2012-13 & 2013-14 Vishwanath Aggarwal, Vs Addl. Cit, House No.98, Block C-2, Range-05, Janakpuri, Delhi. New Delhi – 110 058. Pan: Abxpa4825B (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate & Shri Prince Bansal, Ca Revenue By : Ms Sapna Bhatia, Cit-Dr Date Of Hearing : 04.07.2024 Date Of Pronouncement : .07.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeals Filed Before Him Against The Penalty Orders Of The Ld. Assessing Officer (Hereinafter Referred To As The Ld. Ao, For Short). Further Details Of The Penalty Orders Of The Lower Authorities Are As Under:-

271 D & 271E, which have been rightly confirmed by the Ld. CIT (A). The penalty proceedings have been initiated by the assessing officer after recording his satisfaction regarding violation of provisions of section 269SS & 269T in the orders passed u/s 153A of the Act on 29.12.2017. Subsequently, the assessing officer made a reference to the JCIT on 15.02.2018 along with

VISHWANATH AGGARWAL,DELHI vs. THE ADDL. CIT, CENTRAL RANGE-05, DELHI

The appeals of the assessee are allowed and the penalty is deleted

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaitas No.611 To 618/Del/2022 Assessment Years: 2010-11, 2012-13, 2011-12,2013-14, 2010-11, 2011-12, 2012-13 & 2013-14 Vishwanath Aggarwal, Vs Addl. Cit, House No.98, Block C-2, Range-05, Janakpuri, Delhi. New Delhi – 110 058. Pan: Abxpa4825B (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate & Shri Prince Bansal, Ca Revenue By : Ms Sapna Bhatia, Cit-Dr Date Of Hearing : 04.07.2024 Date Of Pronouncement : .07.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeals Filed Before Him Against The Penalty Orders Of The Ld. Assessing Officer (Hereinafter Referred To As The Ld. Ao, For Short). Further Details Of The Penalty Orders Of The Lower Authorities Are As Under:-

271 D & 271E, which have been rightly confirmed by the Ld. CIT (A). The penalty proceedings have been initiated by the assessing officer after recording his satisfaction regarding violation of provisions of section 269SS & 269T in the orders passed u/s 153A of the Act on 29.12.2017. Subsequently, the assessing officer made a reference to the JCIT on 15.02.2018 along with

SMT. TRIPAT KAUR,NEW DELHI vs. ACIT, NEW DELHI

Accordingly, the appeal filed by the assessee is partly allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishismt. Tripat Kaur Vs. The Assistant A-29, Friends Colony, East Commissioner Of Income New Delhi Tax Pan: Aaapk8020A Central Circle- 14 New Delhi (Appellant) (Respondent)

section 271AAA of the Act , no further penalty on it can be levied u/s 271 (1) (c) of the act. Penalty u/s 271AAA and 271 (1) (c) are mutually Smt. Tripat Kaur Vs The Assistant Commissioner of Income Tax Central Circle- 14 New Delhi Page 40 of 44 exclusive. Even on this ground, too penalty of Rs. 30 lakhs levied

PR. COMMISSIONER OF INCOME TAX, DELHI-7 vs. VIRTUAL SOFTWARE AND TRAINING PVT. LTD.

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

271(1) (c), the AO has not marked the specified limb for which the penalty notice is issued, although, penalty was also imposed for furnishing inaccurate income as per the penalty order by the AO. 4. For the sake of convenience, it will be apposite to refer to the facts of ITA No. 90/2020. Shorn of all necessary details

DCIT CENTRAL CIRCLE-29, NEW DELHI vs. DHARAMPAL SATYAPAL LTD, NEW DELHI

In the result, appeals of the Revenue, are dismissed

Bench: Shri Challa Nagendra Prasada N D Shri M. Balaganesh

302/- and Rs.34,33,36,856/- and book profits under section 115JB of the Act at Rs.137,77,57,881/- and Rs.163,90,47,285/- respectively. Since the tax payable under section 115JB of the Act on book profits is more than the tax payable on income under normal provisions of the Act the Assessing Officer assessed the income under

DCIT CENTRAL CIRCLE-29, NEW DELHI vs. DHARAMPAL SATYAPAL LTD, NEW DELHI

In the result, appeals of the Revenue, are dismissed

Bench: Shri Challa Nagendra Prasada N D Shri M. Balaganesh

302/- and Rs.34,33,36,856/- and book profits under section 115JB of the Act at Rs.137,77,57,881/- and Rs.163,90,47,285/- respectively. Since the tax payable under section 115JB of the Act on book profits is more than the tax payable on income under normal provisions of the Act the Assessing Officer assessed the income under

M/S. CAPITAL POWER INFRASTRUCTURE PVT. LTD.,NEW DELHI vs. ACIT, NEW DELHI

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

Bench: Shri R. K. Panda & Smt. Beena A. Pillaiassessment Year : 2012-13 Capital Power Infrastructure Pvt. Acit, Circle- 5(2), Ltd., New Delhi. A- 156, Lower Ground Floor, Vs. New Friends Colony, New Delhi.

section 271(1)(c) penalty proceedings have been initiated. He submitted that the SLP filed by the Revenue has been dismissed by the Hon’ble Supreme Court. Referring to various other decisions filed in the Paper Book, he submitted that under identical circumstances various Benches of the Tribunal are cancelling the penalty so levied where the inappropriate words

KARAMJIT SINGH DHANJAL,NEW DELHI vs. JCIT, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: : Smt. Diva Singh & Shri L.P. Sahu

section 271 (1)( C) was held to be justified. Identical ratio was laid down in the case of Hari Gopal Singh Vs CIT (2002) 258 ITR 85 {P&H) and CIT Vs SSP P. Ltd (2008) 302 ITR 43 (P&H). 7 ITA No.290/Del./2014 The Supreme Court in the case of Cement Marketing Co. of India Ltd Vs Asst

M/S. IRCON INTERNATIONAL LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, appeal of the Assessee is 7

Bench: Shri Anil Chaturvedi & Ms. Astha Chandra

302/- and denying claim of deduction under section 80IA(4) amounting to Rs.70,79,44,520/-. He submitted that on the aforesaid additions, the A.O. levied the penalty under section 271(1)(c) of the I.T. Act, 1961 at Rs.153,24,26,390/-. 5.2. As far as the penalty on the disallowance of Section 14A is concerned, the Learned Authorised