RAKESH KUMAR JAIN,JAIPUR vs. DCIT,CIRCLE-2, JAIPUR, JAIPUR

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

Bench: Or At The Time Of Hearing Of The Appeal & / Or Modify Any Of The Above Grounds.

capital gains tax. but that cannot be a case of penalty under Section 271(1)(c) of the Income-tax Act. 1961 If it has claimed

SUPERFINE HOTELS PRIVATE LIMITED,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6,, JAIPUR

In the result, appeal of the assessee is partly allowed

section 271(1)(c)\nof I.T. Act, 1961 imposing penalty being 100% of tax leviable on\nfollowing income treating same as concealed income of assessee-\nFurther AO also imposed penalty u/s 271AAA by passing separate\norder on alleged undisclosed income which she determined by treating\nland under JV as outright sale on income therefore on same income\ntwo different penalties

ROSHAN LAL,ALWAR vs. INCOME TAX OFFICER, BHIWADI

Appeal of the assessee is allowed for

Bench: The Hon'Ble Income Tax Appellate Tribunal, Jaipur.

capital asset under Section 2(14) of the Act, the appellant, being a layperson with limited financial literacy and no prior knowledge of tax laws, genuinely believed that the transaction was entirely tax-exempt. Accordingly, he did not file an ITR for the said year, under the bona fide belief that no tax liability arose from the transaction

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

Section 271(1)(c) of the Income Tax Act, 1961 – Penalty – For concealment of\nincome – Assessment year 2011-12 - Assessee filed return for AY 2011-12,\ndeclaring income and capital gains

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

Section 271(1)(c) of the Income Tax Act, 1961 – Penalty – For concealment of\nincome – Assessment year 2011-12 - Assessee filed return for AY 2011-12,\ndeclaring income and capital gains

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

Section 271(1)(c) of the Income Tax Act, 1961 – Penalty – For concealment of\nincome – Assessment year 2011-12 - Assessee filed return for AY 2011-12,\ndeclaring income and capital gains

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

Section 271(1)(c) of the Income Tax Act, 1961 – Penalty – For concealment of\nincome – Assessment year 2011-12 - Assessee filed return for AY 2011-12,\ndeclaring income and capital gains

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

Section 271(1)(c) of the Income Tax Act, 1961 – Penalty – For concealment of\nincome – Assessment year 2011-12 - Assessee filed return for AY 2011-12,\ndeclaring income and capital gains

BITTHAL DAS PARWAL,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3 , JAIPUR

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

Bench: Him. 2. In This Appeal, The Assessee Has Raised The Following Grounds: -

capital gain of Rs.6,19,338 and adjusted the BF loss of Rs.3,18,558 from said LTCG in return of income filed u/s 153A of the Act in comparison to return filed u/s 139 (1) and therefore invoking expl. 1 of section 271

JAMNA DEVI SHARMA,JAIPUR vs. ITO WARD 7(2), JAIPUR

In the result, both the appeals of the assessee are allowed with no orders as to costs

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

271(1)(C) A. SUBMISSIONS BEFORE HON’BLE ITAT DURING QUANTUM PROCEEDINGS 1. Elaborate submissions during quantum proceedings were made before Hon’ble Bench. The same may please be considered in correct perspective [PB 142-158] B. FINDING OF HON’BLE ITAT DURING QUANTUM PROCEEDINGS: 9 SMT. JAMNA DEVI SHARMA VS ITO, WRD 7(2), JAIPUR 1. The main reason

OMPRAKASH,DHOLPUR vs. ITO WARD 4 BHARATPUR, BHARATPUR

In the result, the both the appeals of the assessee are allowed for statistical\npurposes as indicated hereinabove\nOrder pronounced in the open court on\n17/01/2025

Section 147 and 271(1)(c) of the Act respectively.\n2.1 In ITA No. 1254/JPR/2024, the assessee has marched this appeal on the\nfollowing grounds:-\n“1. That order of Learned Assessing authority is bad in law, illegal and against facts and\ncircumstances of the case.\n2.i. That learned Assessing Authority grossly erred in law and facts in making additions

DCIT CENTRAL CIRCLE AJMER, AJMER vs. YASHWANT KUMAR SHARMA, AJMER

In the result, the appeal of the revenue is dismissed and the cross

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 210/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2020-21 DCIT, Central Circle, Ajmer cuke Vs. Yashwant Kumar Sharma F-108, Industrial Area, Makhupura Parbatpura, Ajmer LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: ASWPS 3791 E vihykFkhZ@Appellant izR;FkhZ@Respondent vk;dj vihy la-@C.O. No. 04/JP/2023 (Arising out of ITA Nos. 210/JP/2023) fu/kZkj.k o"kZ@Assessment Years : 2020-21 Yashwant Kumar Sharma

271(1)(c) of the Act for the concealment of income or furnishing of inaccurate particulars of income. Except mentioning the Section 271AAB of the Act in the notice it does not talk anything about the other mandatory conditions of section 271AAB. Certainly such notice has a fatal error and technically is not a correct notice in the eyes

BIRENDRA SINGH NIRBHAY,SIRSI ROAD JAIPUR RAJASTHAN vs. ITO WARD 3(1) JAIPUR, NCRB INCOME TAX DEPARTMENT STATUE CIRCLE JAIPUR RAJASTHAN

In the result, the appeal of the assessee is allowed

gain of ₹27,87,561/-was added to the assessee's\nincome from other sources and taxed at 30% under Section 115BBE.\nii.\niii. Additionally, it was determined that an 6% commission (₹1,85,530/-\ncalculated at a reasonable 6% rate on the sale) is to be treated as\nundisclosed expenditure under Section 69C.\niv. Separate penalty proceedings under Section

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). That is clearly not the intendment of the legislature.” 3. No penalty in S.148 cases: 3.1 It is further pertinent to note that in the cases where the assessee did not disclose the income in the return of income filed originally but later on when notice u/s 148 (or u/s 153A) has been issued

ASHEESH SHARMA,KOTA vs. LD. ACIT, CENTRAL CIRCLE, KOTA, KOTA

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

Section Penalty Delay Submission Written Returned Amount of submission filed u/s condonation 153A & assessed at same amount 336/JP/2023 271(1)(c) 4,738/- 25 No No Yes* 337/JP/2023 271(1)(c) 30,380/- 25 No No Yes 338/JP/2023 271(1)(c) 4,736/- 25 No No Yes 339/JP/2023 271(1)(c) 49,521/- 25 No No Yes 340/JP/2023 271(1

ASHEESH SHARMA,KOTA vs. LD. ACIT, CENTRAL CIRCLE, KOTA, KOTA

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

Section Penalty Delay Submission Written Returned Amount of submission filed u/s condonation 153A & assessed at same amount 336/JP/2023 271(1)(c) 4,738/- 25 No No Yes* 337/JP/2023 271(1)(c) 30,380/- 25 No No Yes 338/JP/2023 271(1)(c) 4,736/- 25 No No Yes 339/JP/2023 271(1)(c) 49,521/- 25 No No Yes 340/JP/2023 271(1

VINAYA SHARMA,KOTA vs. LD. ACIT, CENTRAL CIRCLE, KOTA, KOTA

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

Section Penalty Delay Submission Written Returned Amount of submission filed u/s condonation 153A & assessed at same amount 336/JP/2023 271(1)(c) 4,738/- 25 No No Yes* 337/JP/2023 271(1)(c) 30,380/- 25 No No Yes 338/JP/2023 271(1)(c) 4,736/- 25 No No Yes 339/JP/2023 271(1)(c) 49,521/- 25 No No Yes 340/JP/2023 271(1

PRIYANKA KHANDELWAL,KOTA vs. LD. ACIT, CENTRAL CIRCLE, KOTA, KOTA

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

Section Penalty Delay Submission Written Returned Amount of submission filed u/s condonation 153A & assessed at same amount 336/JP/2023 271(1)(c) 4,738/- 25 No No Yes* 337/JP/2023 271(1)(c) 30,380/- 25 No No Yes 338/JP/2023 271(1)(c) 4,736/- 25 No No Yes 339/JP/2023 271(1)(c) 49,521/- 25 No No Yes 340/JP/2023 271(1