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

4, 5, 6 and 7 and thereby liable for initiation of penalty under Section 271(1)(c) of the Act. A penalty notice under Section 274 r.w. Section 271(1)(c) was issued and penalty @ 100% on such additions were made. I.T.As No.2631/Del/2018 & 811, 812, 939, 940, 941, 942, 943/Del/2019 16 28. Aggrieved, the assessee preferred appeal before

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

In the result, the appeal of the assessee is allowed

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharma

4, 5, 6 and 7 and thereby liable for initiation of penalty under Section 271(1)(c) of the Act. A penalty notice under Section 274 r.w. Section 271(1)(c) was issued and penalty @ 100% on such additions were made. I.T.As No.2631/Del/2018 & 811, 812, 939, 940, 941, 942, 943/Del/2019 16 28. Aggrieved, the assessee preferred appeal before

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

4, 5, 6 and 7 and thereby liable for initiation of penalty under Section 271(1)(c) of the Act. A penalty notice under Section 274 r.w. Section 271(1)(c) was issued and penalty @ 100% on such additions were made. I.T.As No.2631/Del/2018 & 811, 812, 939, 940, 941, 942, 943/Del/2019 16 28. Aggrieved, the assessee preferred appeal before

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

4, 5, 6 and 7 and thereby liable for initiation of penalty under Section 271(1)(c) of the Act. A penalty notice under Section 274 r.w. Section 271(1)(c) was issued and penalty @ 100% on such additions were made. I.T.As No.2631/Del/2018 & 811, 812, 939, 940, 941, 942, 943/Del/2019 16 28. Aggrieved, the assessee preferred appeal before

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

4, 5, 6 and 7 and thereby liable for initiation of penalty under Section 271(1)(c) of the Act. A penalty notice under Section 274 r.w. Section 271(1)(c) was issued and penalty @ 100% on such additions were made. I.T.As No.2631/Del/2018 & 811, 812, 939, 940, 941, 942, 943/Del/2019 16 28. Aggrieved, the assessee preferred appeal before

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

4, 5, 6 and 7 and thereby liable for initiation of penalty under Section 271(1)(c) of the Act. A penalty notice under Section 274 r.w. Section 271(1)(c) was issued and penalty @ 100% on such additions were made. I.T.As No.2631/Del/2018 & 811, 812, 939, 940, 941, 942, 943/Del/2019 16 28. Aggrieved, the assessee preferred appeal before

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

4, 5, 6 and 7 and thereby liable for initiation of penalty under Section 271(1)(c) of the Act. A penalty notice under Section 274 r.w. Section 271(1)(c) was issued and penalty @ 100% on such additions were made. I.T.As No.2631/Del/2018 & 811, 812, 939, 940, 941, 942, 943/Del/2019 16 28. Aggrieved, the assessee preferred appeal before

ADDL. CIT, NEW DELHI vs. M/S. PHI SEEDS PVT. LTD., HYDERABAD

The appeals of the Revenue are dismissed and both the Rule 27 application of the assessee are allowed for A

Bench: Shri Mahavir Singh & Shri Brajesh Kumar Singh

4,76,13,799/-. 39. As assessee has furnished inaccurate particulars of its income and concealed particulars of its income to this extent. I am satisfied that it attracts penalty u/s 271(1)(c) of the Act. Therefore, penalty proceedings under section

ADDL. CIT, NEW DELHI vs. M/S. PHI SEEDS PVT. LTD., HYDERABAD

The appeals of the Revenue are dismissed and both the Rule 27 application of the assessee are allowed for A

Bench: Shri Mahavir Singh & Shri Brajesh Kumar Singh

4,76,13,799/-. 39. As assessee has furnished inaccurate particulars of its income and concealed particulars of its income to this extent. I am satisfied that it attracts penalty u/s 271(1)(c) of the Act. Therefore, penalty proceedings under section

MAX LIFE INSURANCE COMPANY LTD.,GURGAON vs. ACIT, CIRCLE- 1, LTU, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri N.K.Billaiya & Shri Kul Bharat[Assessment Year : 2010-11] Max Life Insurance Company Ltd., Vs Acit, Plot No.90A, Sector-18, Udyog Vihar, Circle-1, Ltu, Gurgaon, Haryana-122018. New Delhi. Pan-Aaccm3201E Appellant Respondent Appellant By Shri Himanshu Sinha, Adv. & Shri Bhuvan Dhoopar, Adv. Respondent By Shri Jeetender Chand, Sr.Dr Date Of Hearing 18.10.2022 Date Of Pronouncement 18.10.2022 Order Per Kul Bharat, Jm : The Present Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit(A)-22, New Delhi, Dated 29.11.2018 For The Assessment Year 2010-11. The Assessee Has Raised Following Grounds Of Appeal:- 1. “That On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Upholding Penalty Levied By The Ao Under Section 271(1)(C) Of The Act Without Considering The Material Available On Record. 2. That On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A)/Ao Has Failed To Appreciate That The Penalty Proceedings Are Separate & Distinct From Assessment Proceedings & Mere Disallowance Of A Claim Made By The Appellant Does Not Automatically Lead To Imposition Of Penalty Under Section 271(1)(C). 3. That On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A)/Ao Has Failed To Appreciate That The Issue Involved In Appellant’S Case Is Purely A Legal Issue To Be Decided On Interpretation Of The Provisions Of The Act & Merely Because Ld. Ao Adopts A View

u/s 271(1)(c) of the Act amounting to Rs.84,97,000/- in respect of the addition of Rs.2.50 crores i.e. the disallowance of claim of donation paid by the assessee company. 3. Aggrieved against this, the assessee preferred appeal before Ld.CIT(A) who after considering the submissions, confirmed the penalty. 4. Aggrieved against the order of Ld.CIT

DCIT, CIRCLE-3(2), NEW DELHI vs. ASIAN CONSOLIDATED INDS.LTD), REWARI

Appeal is dismissed

Bench: Shri Kul Bharat & Shri Brajesh Kumar Singhassessment Year: 1997-98

4. It is a settled provision of law that notice issued by AO under Section 274 read with Section 271(1)(c) is bad in law if it did not specify which limb of Section 271(1)(c) of the Act is attracted and thus the penalty proceedings are liable to be quashed. Reliance is placed on the following judicial

JAR METAL INDUSTRIES(P) LTD.,DELHI vs. ITO WARD-13(2), NEW DELHI

The appeal is allowed

4 and 5.\nYou are hereby requested to appear before me at..\n11.A.M./P.M.on. 15/07/2009.\nand show cause why an order imposing a penalty on you should not be made under section 271 of the Income Tax\nAct, 1961. If you do not wish to avail yourself of this opportunity of being heard in person or through authorised\nrepresentative

JAR METAL INDUSTRIES(P) LTD.,DELHI vs. ITO WARD-13(2), NEW DELHI

The appeal is allowed

Bench: Ms. Madhumita Roy & Shri Brajesh Kumar Singh

271(1)(c) for which penalty was to be imposed. [Tax effect 1,24,89,274/-] 3. BECAUSE the CIT(A) has erred in law and on facts in sustaining the imposition of penalty in respect of addition of Rs.3,67,43,966/- (Share application Rs.1,50,00,000/- and unsecured loan Rs.2,17,43,966/-) under section 68 particularly

UNITECH HOSPITALITY SERVICES LTD,NEW DELHI vs. DCIT, CIRCLE-27(1), NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Manish Agarwalआअसं.2909/िद"ी/2019(िन.व. 2011-12) Unitech Hospitality Services Ltd., Basement, 6, Community Centre, Saket, Delhi 110017 ...... अपीलाथ"/Appellant Pan: Aaacu-8460-H बनाम Vs. Deputy Commissioner Of Income Tax, Circle 27(1), R.No. 193, Cr Building, ..... "ितवादी/Respondent New Delhi 110002 आअसं.2912/िद"ी/2019(िन.व. 2013-14) Unitech Acacia Services Ltd., Basement, 6, Community Centre, Saket, Delhi 110017 ...... अपीलाथ"/Appellant Pan: Aaacu-9453-H बनाम Vs. Deputy Commissioner Of Income Tax, Circle 27(1), R.No. 193, Cr Building, ..... "ितवादी/Respondent New Delhi 110002 आअसं.2913/िद"ी/2019(िन.व. 2013-14) Unitech Hi-Tech Developers Ltd., Basement, 6, Community Centre, Saket, Delhi 110017 ...... अपीलाथ"/Appellant Pan: Aaacu-8064-B बनाम Vs. Deputy Commissioner Of Income Tax, Circle 27(1), R.No. 193, Cr Building, ..... "ितवादी/Respondent New Delhi 110002 (Ays 2011-12 & 2013-14)

4 has held that penalty initiated on one limb and levied on the other limb of section 271(1)(c) of the Act is unsustainable. The Hon’ble Bombay High Court in the case of Mohd. Farhan A. Shaikh vs. DCIT(supra) has held that non striking of irrelevant matter in the notice issued u/s

UNITECH ACACIA PROJECTS P.LTD,NEW DELHI vs. DCIT, CIRCLE-27(1), NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Manish Agarwalआअसं.2909/िद"ी/2019(िन.व. 2011-12) Unitech Hospitality Services Ltd., Basement, 6, Community Centre, Saket, Delhi 110017 ...... अपीलाथ"/Appellant Pan: Aaacu-8460-H बनाम Vs. Deputy Commissioner Of Income Tax, Circle 27(1), R.No. 193, Cr Building, ..... "ितवादी/Respondent New Delhi 110002 आअसं.2912/िद"ी/2019(िन.व. 2013-14) Unitech Acacia Services Ltd., Basement, 6, Community Centre, Saket, Delhi 110017 ...... अपीलाथ"/Appellant Pan: Aaacu-9453-H बनाम Vs. Deputy Commissioner Of Income Tax, Circle 27(1), R.No. 193, Cr Building, ..... "ितवादी/Respondent New Delhi 110002 आअसं.2913/िद"ी/2019(िन.व. 2013-14) Unitech Hi-Tech Developers Ltd., Basement, 6, Community Centre, Saket, Delhi 110017 ...... अपीलाथ"/Appellant Pan: Aaacu-8064-B बनाम Vs. Deputy Commissioner Of Income Tax, Circle 27(1), R.No. 193, Cr Building, ..... "ितवादी/Respondent New Delhi 110002 (Ays 2011-12 & 2013-14)

4 has held that penalty initiated on one limb and levied on the other limb of section 271(1)(c) of the Act is unsustainable. The Hon’ble Bombay High Court in the case of Mohd. Farhan A. Shaikh vs. DCIT(supra) has held that non striking of irrelevant matter in the notice issued u/s

UNITECH HI-TECH DEVELOPERS LTD.,NEW DELHI vs. DCIT, CIRCLE- 27(1), NEW DELHI

In the result, appeal of the assessee is allowed

Bench: Shri Vikas Awasthy & Shri Manish Agarwalआअसं.2909/िद"ी/2019(िन.व. 2011-12) Unitech Hospitality Services Ltd., Basement, 6, Community Centre, Saket, Delhi 110017 ...... अपीलाथ"/Appellant Pan: Aaacu-8460-H बनाम Vs. Deputy Commissioner Of Income Tax, Circle 27(1), R.No. 193, Cr Building, ..... "ितवादी/Respondent New Delhi 110002 आअसं.2912/िद"ी/2019(िन.व. 2013-14) Unitech Acacia Services Ltd., Basement, 6, Community Centre, Saket, Delhi 110017 ...... अपीलाथ"/Appellant Pan: Aaacu-9453-H बनाम Vs. Deputy Commissioner Of Income Tax, Circle 27(1), R.No. 193, Cr Building, ..... "ितवादी/Respondent New Delhi 110002 आअसं.2913/िद"ी/2019(िन.व. 2013-14) Unitech Hi-Tech Developers Ltd., Basement, 6, Community Centre, Saket, Delhi 110017 ...... अपीलाथ"/Appellant Pan: Aaacu-8064-B बनाम Vs. Deputy Commissioner Of Income Tax, Circle 27(1), R.No. 193, Cr Building, ..... "ितवादी/Respondent New Delhi 110002 (Ays 2011-12 & 2013-14)

4 has held that penalty initiated on one limb and levied on the other limb of section 271(1)(c) of the Act is unsustainable. The Hon’ble Bombay High Court in the case of Mohd. Farhan A. Shaikh vs. DCIT(supra) has held that non striking of irrelevant matter in the notice issued u/s

SHYAM SUNDER KANSAL,U.P vs. WARD 2(3)(2), U.P

The appeal is dismissed

Bench: Shri Kul Bharat

section 50C when 2 Shyam Sunder Kansal Vs. ITO after valuation by DVO Hon’ble CIT (Appeals) deleted major part of addition of AO and this addition is not an specific addition one. 3. Hon’ble CIT (Appeals) is wrong in confirming the penalty on additions of FDR interest which the assessee sue moto surrendered as income before making

SAVITA BANSAL,NEW DELHI vs. ITO WARD-35(2), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

4 Section153A pursuant to search under Section 132 of the Act having regard to the facts and circumstances existing in the case. 9.1 Multiple objections have been raised on behalf of the assessee to assail the imposition of penalty. The first and foremost objection borne out on behalf of the assessee is that the allegation on the exact nature