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

section 275(1)(a). Hence the penalty order should have\nbeen passed before 31.10.2018 and therefore the penalty order dt.31.03.2019 passed by AO\nis clearly barred by limitation.\n\n6. On merits it is submitted that the penalty has been imposed by the AO for concealment of\nincome on two issues namely disallowance

SMT. JYOTI AGARWAL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA

In the result, appeals of the assessee in ITA nos

disallowance of interest claim expenses. The AO then initiated the proceedings for levy of penalty under section 271AAB of the IT Act by issuing a show cause notice dated 27.12.2017. The AO while passing the penalty 3 ITA Nos. 1373(4)-18/JP/2018 Smt. Jyoti Agrawal, Kota. order dated 27st June, 2018 has levied the penalty under section 271AAB

SMT. INDIRA AGRAWAL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, KOTA

In the result, appeals of the assessee in ITA No

disallowance of interest claim expenses. The AO then initiated the proceedings for levy of penalty under section 271AAB of the IT Act by issuing a show cause notice dated 27.12.2017. The AO while passing the penalty order dated 27th June, 2018 has 3 ITA Nos. 1384(4)/JP/2018 Smt. Indira Agrawal, Kota. levied the penalty under section 271AAB

SHRI MANOJ MOONDHRA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, both the appeals of the assessee are allowed

disallowance of certain expenses, the AO accepted the returned income of the assessee. The AO subsequently initiated the penalty proceedings under section 271AAB of the Act by issuing the notices dated 29th February, 2016 and 09.08.2016. The AO initially levied the penalty under section 271AAB vide order dated 30.08.2016 @ 10% of the undisclosed income total amounting

SHRI MANOJ MOONDHRA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, both the appeals of the assessee are allowed

disallowance of certain expenses, the AO accepted the returned income of the assessee. The AO subsequently initiated the penalty proceedings under section 271AAB of the Act by issuing the notices dated 29th February, 2016 and 09.08.2016. The AO initially levied the penalty under section 271AAB vide order dated 30.08.2016 @ 10% of the undisclosed income total amounting

RASAL BUILDERS & DEVELOPERS PVT. LTD.,JAIPUR vs. ITO, JAIPUR

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

Bench: Us. 2 M/S Rasal Builders & Developers Pvt. Ltd. Vs. Ito

Disallowance u/s 1,33,200/- Addition confirmed by 40A(3) ITAT Total 38,28,001/- 5 M/s Rasal Builders & Developers Pvt. Ltd. vs. ITO In view of the items at S.No. 1 & 3 above being set-aside back to the file of the AO, the ITO, Ward 3(1) passed an order u/s 143(3)/250/set-aside

SHRI SURESH CHAND MITTAL,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX , JAIPUR

In the result, appeal of the assessee is allowed

Bench: Or At The Time Of Hearing.”

disallowance of claim under section 80C of Rs. 9,400/-. Subsequently, the AO initiated the proceedings under section 271AAB of the Act by issuing the show cause notice dated 23rd March, 2016 and again by notice dated 12.08.2016. The assessee objected to initiation of penalty proceedings as well as levy of penalty proposed by the AO, however, could not succeed

VAIBHAV GLOBAL LIMITED,JAIPUR vs. DCIT, CENTRAL CIRCLE-4, JAIPUR , JAIPUR

In the result, the appeal of the assessee is allowed

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

disallowance either in writing or in electronic mode, therefore, entire section 143(1) proceedings being invalid in law, intimation issued by CPC was to be quashed and set aside. 10. The order for processing of return passed u/s 143(1) suffers from the fundamental defect of not providing any opportunity to the assessee company. The specific legal requirement contained

CAREER POINT LIMITED,KOTA, RAJASTHAN vs. PRINCIPAL COMMISSIONER OF INCOME TAX, UDAIPUR, RAJASTHAN

In the result, the appeal of the assessee is allowed

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

275-277/ Vol-2. (iii) AY 2017-18 The assessment of immediate preceding year AY 2017-18 was completed u/s 143(3) wherein no addition u/s 14A was made. The copy of assessment order for AY 2017-18 is at PB page 241-246/Vol-2. It is worthwhile to mention the investment in MF/Equities as on 31/03/2017

SHRI RITESH AGARWAL,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeal of the assessee is allowed

disallowance of interest as part of the cost of the assets while computing long term capital gain. The AO initiated penalty proceedings under section 271AAB of the Act against the surrendered amount of Rs. 7,22,00,000/- by issuing show cause notice dated 28th March, 2016 and 12.08.2016. The assessee raised the objections against the initiation of penalty proceedings

M/S. RAMBHOJO'S,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

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

275 shall, as far as may be, apply in relation to the penalty referred to in this section. Explanation.—For the purposes of this section,— 16 M/s Rambhajo’s vs. ACIT (a) "specified date" means the due date of furnishing of return of income under sub-section (1) of section 139 or the date on which the period specified

BECKHAUL DIGITAL TECHNOLOGIES PRIVATE LIMITED,JAIPUR vs. ITO WARD 1(1), JAIPUR , JAIPUR

In the result, all the three appeals of the assessee in ITA No

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

disallowance made u/s 36(1)(va) of the Act in Section 143(1)(a). To this effect, the detailed written submission of the ld. AR of the assessee is reproduced as under:- GROUND NO. 1A: ADDITION MADE WITHOUT AFFORDING ANYOPPORTUNITY AS MANDATED IN PROVISO TO SECTION 143(1)(a). 1. SUBMISSION 1.1. The adjustment made while processing the return

PARAS MAL JAIN,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, JAIPUR

In the result, the appeal of the assesee is allowed

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

275 of the Act in 271AAB of the Act with clear intention to consider the imposition of penalty judicially. Section 274 deals with the procedure for levy of penalty, wherein, it directs that no order imposing penalty shall be made unless the assessee has been heard or has been given a reasonable opportunity of being heard. Therefore, from plain reading

SHRI KAMAL SETHIA,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

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

disallowance. The penalty proceedings U/s 271AAB of the Act were initiated vide show cause notice dated 29.11.2016. The assessee filed his reply to show cause notice vide letter dated 30.12.2016. The AO was not impressed with the reply filed by the assessee and levied the penalty @ 10% of the surrendered income amounting to Rs. 59,44,219/- vide order dated

SHRI VIVEK SETHIA,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

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

disallowance. The penalty proceedings U/s 271AAB of the Act were initiated vide show cause notice dated 29.11.2016. The assessee filed his reply to show cause notice vide letter dated 30.12.2016. The AO was not impressed with the reply filed by the assessee and levied the penalty @ 10% of the surrendered income amounting to Rs. 61,95,020/- vide order dated

PARAS MAL JAIN,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, JAIPUR

In the result, the appeal of the assessee is allowed

disallowance of expenses\non account of personal element/unverifiable expenses. The A.O. simultaneously\ninitiated penalty proceedings u/s 271AAB of the Act. The assessee filed his\nexplanation to the said notice which was rejected by A.O. and vide impugned\npenalty order dated levied a penalty of Rs.1,00,11,335/- on assessee firm. The\npresent appeal is against said penalty imposed

OCEAN EXIM INDIA PRIVATE LTD,JAIPUR vs. ITO WARD 1(2), JAIPUR

In the result, the appeal of the assessee is dismissed

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

section 143(1)(a)(iv) of the Income Tax Act on the fallacy of presumption that the auditor has disallowed the employee contribution to EPF /ESI. Moreover, there are contradictory judgements of the State High Courts and therefore the issue is highly debatable and as such the CPC is not authorised to disallow all claims of late payment. The question

M/S SILVER AND ART PALACE,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

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

disallowance of Rs. 12,384/- on account of delay in deposition of ESI & PF. Simultaneously, penalty proceedings u/s 271AAB were initiated by issuance of notice on 23.12.2016. Subsequently, penalty was imposed u/s 271AAB(1)(a) of the Act at the rate of 10% amounting to Rs. 2,65,05,090/- vide order dated 24.4.2017. Aggrieved with the order, the assessee

BIMAL ROY SONI,J L N MARG vs. DCIT, CIRCLE-1, JAIPUR, N.C.R. BUILDING

In the result, appeals of the assessee is partly allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. Nos. 239 & 240/JP/2022 fu/kZkj.k o"kZ@Assessment Years : 2013-14 & 2014-15 Bimal Roy Soni 11, Chetak Marg, JLN Marg Jaipur cuke Vs. DCIT, Circle-01, Jaipur NCR, Building LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AFPPS 1588 H vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Akhilesh Kumar Jain (C.A.) jktLo dh vksj ls@ Revenue by : Smt Runi Pal (Addl. CIT) a lquokb

section 14A. 5. Thus interest to be disallowed should be with reference to amount of investment made out of borrowed funds, which comes to Rs.4,12,63,005/= ( Rs.67312353/= minus Rs.26049348/=) and the amount of interest attributable to this amount by applying average rate of interest of 16.08% (Please refer to PB-7) comes to Rs.66,35,091/=. Thus your