ASSISTANT COMMISSIONER OF INCOME TA , JAIPUR vs. SHRI NATH CORPORATION, JAIPUR

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

section 271(1)(c) in respect of aforesaid two issues - As regards amount received by assessee as advance, Tribunal found that since said amount had been shown in balance sheet annexed to original return, there was no intention on part of assessee to conceal - With regard to disallowance qua TDS

M/S RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORPORATION LTD.,JAIPUR vs. DCIT, CIRCLE-6, JAIPUR, JAIPUR

In the result, both the appeals of the assessee are allowed as indicated\nhereinabove

271(1)(c) of the IT Act have been initiated separately. It is\nworthwhile to mention that along with the assessment order, notice u/s 274 r.w.s\n271(1)(c) dt. 31.12.2025 (PB 17) is issued. The details of the relevant narration are\nreproduced as under:-\n\nFile No. 10\nOffice of:ACIT, Cir-6, JPR\nDated: 31-12-2015\nPAN

M/S RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION LTD.,JAIPUR vs. DCIT, CIRCLE-6, JAIPUR, JAIPUR

In the result, both the appeals of the assessee are allowed as indicated hereinabove

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

TDS 15,65,426 Nil Nil Thus after the order of ITAT dt.10.04.2018 (PB 25-94), following disallowance made by the AO stood confirmed:- Disallowance of CSR Expenses Rs.40,42,000/- Disallowance u/s 14A Rs.37,19,337/- After the order of Hon’ble ITAT, AO again issued notice dt.14.03.2019 (PB 17) to show cause why penalty u/s 271(1)(c

AJOY SHARMA,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

section 271(1)(c), holding that assessee did\nnot voluntarily file his return disclosing income from various sources and had\ndeliberately concealed particulars of income - Commissioner (Appeals) upheld\npenalty imposed on assessee - Assessee contended that matter of filing returns\ndid not come to his mind, as for last 20 years as a Judge, his returns used to be\ntaken care

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

section 271(1)(c), holding that assessee did\nnot voluntarily file his return disclosing income from various sources and had\ndeliberately concealed particulars of income - Commissioner (Appeals) upheld\npenalty imposed on assessee - Assessee contended that matter of filing returns\ndid not come to his mind, as for last 20 years as a Judge, his returns used to be\ntaken care

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

section 271(1)(c), holding that assessee did\nnot voluntarily file his return disclosing income from various sources and had\ndeliberately concealed particulars of income - Commissioner (Appeals) upheld\npenalty imposed on assessee - Assessee contended that matter of filing returns\ndid not come to his mind, as for last 20 years as a Judge, his returns used to be\ntaken care

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

section 271(1)(c), holding that assessee did\nnot voluntarily file his return disclosing income from various sources and had\ndeliberately concealed particulars of income - Commissioner (Appeals) upheld\npenalty imposed on assessee - Assessee contended that matter of filing returns\ndid not come to his mind, as for last 20 years as a Judge, his returns used to be\ntaken care

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

section 271(1)(c), holding that assessee did\nnot voluntarily file his return disclosing income from various sources and had\ndeliberately concealed particulars of income - Commissioner (Appeals) upheld\npenalty imposed on assessee - Assessee contended that matter of filing returns\ndid not come to his mind, as for last 20 years as a Judge, his returns used to be\ntaken care

DHANRAJ SETHIA,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE-1

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

Bench: Hon’ble SHRI SANDEEP GOSAIN (Judicial Member)

271(1)© : Concealed particulars of income or furnished inaccurate particulars of income. 271A : Failed to keep, maintain, or retain books of accounts, documents etc. as required u/s 44AA. 271B : Failed to get the accounts audited or obtain audit report as required under section 44AB or furnish such report alongwith return under section 139(1) or in response to notice under

POOJA UPADHYAY,JAIPUR vs. ITO WARD 5(1), JAIPUR, JAIPUR

In the result, appeal of the assessee is allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

section 271(1)(c) in respect of aforesaid two issues - As regards amount received by assessee as advance, Tribunal found that since said amount had been shown in balance sheet annexed to original return, there was no intention on part of assessee to conceal - With regard to disallowance qua TDS

SHRI SURESH MAL LODHA, 537-38, MAHIMA TRINITY, NEW SANGANER ROAD, SWEJ FARM, JAIPUR,JAIPUR vs. ACIT JAIPUR, JAIPUR

In the result, the appeal of the assessee is partly allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

section 271(1)(c) in respect of aforesaid two issues - As regards amount received by assessee as advance, Tribunal found that since said amount had been shown in balance sheet annexed to original return, there was no intention on part of assessee to conceal - With regard to disallowance qua TDS

AJAY BAKLIWAL,KOTA vs. ACIT, CENTRAL CIRCLE, KOTA, KOTA

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

271 and 273 were the two original penalty provisions, which require the penalty proceedings to be initiated during the course of relevant assessment proceedings or the other relevant proceedings, as the case may be. The penalty proceedings could also be initiated during the appellate proceedings arising out of the relevant assessment proceedings. It is only where the assessment proceedings

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

271(1)(c) of the Act on the addition of Rs.6,37,200/-\nconfirmed by him in quantum proceedings.\n2.\nThe appellant craves to alter, amend and modify any ground of appeal.\n3.\nNecessary cost be awarded to the assessee.\n3.\nSince both the appeals are of the same assessee and related to\nsame assessment year and argued

SHRI KRISHNARAJ BUILDHOME PVT LTD,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

271(1)(c)\nof the Income Tax Act, 1961 as the addition was made by the Learned\nAssessing officer by adopting the stamp duty of Sub-registrar where\nthe assessee has not concealed any income.\n3. The appellant begs permission to add amend or alter any of the\ngrounds of appeal before the hearing of appeal.\"\n3.\nSince both

JAIPUR TELECOM PRIVATE LIMITED,JAIPUR vs. DCIT CIRCLE 1, JPR, JAIPUR

In the result the appeal of the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

271(1)(c), but the ratio related to furnishing of inaccurate particulars of income is pari materia with provisions of section 270A dealing with misreporting of income. In addition the ld. AR of the asseseee also invited our attention to the the latest case laws related to penalty u/s 270A namely Chambal Fertilizers & Chemicals Ltd. Vs. PCIT (2024) 158 Taxmann.com

JAIPUR TELECOM PVT. LTD,JAIPUR vs. DCIT CIRCLE 1, JPR, JAIPUR

In the result the appeal of the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

271(1)(c), but the ratio related to furnishing of inaccurate particulars of income is pari materia with provisions of section 270A dealing with misreporting of income. In addition the ld. AR of the asseseee also invited our attention to the the latest case laws related to penalty u/s 270A namely Chambal Fertilizers & Chemicals Ltd. Vs. PCIT (2024) 158 Taxmann.com

STATE BANK OF INDIA (EARLIER KNOWN AS SBBJ),AJMER vs. INCOME TAX OFFICER(TDS), AJMER, AJMER

271 (All.)\nIt was held by the Hon'ble Allahabad High Court that the notice issued by an\nOfficer who had no valid jurisdiction for the assessee is invalid.\nThe Hon'ble Kolkata ITAT in the case of Shivam Dhatu Udyog Limited Vs.\nDCIT, Circle-3(1), Kolkata (ITA No. 2456/Kol/2019) held ON 10.03.2021 in\npara 11 and 12 that

M/S ETERNAL HEART CARE CENTRE & RESEARCH INSTITUTE PVT. LTD. ,3A, JAGATPURA ROAD, NEAR JAWAHAR CIRCLE, JAIPUR vs. PCIT, JAIPUR-2, JAIPUR

In the result, appeal filed by the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

TDS u/s 195 of the Act in clause 34(a) tax audit report Form 3CD. Accordingly, the Ld. PCIT observed that the assessee is liable for penalty u/s 271AA of the Act which is 2% of unreported transactions (i.e. 2% of Rs.7,47,84,363/- = Rs.14,95,687/-) but the FAO has failed to initiate and levy such