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

carried forward and accordingly\ncompleted the assessment at 'nil' income ignoring the loss returned by the assessee.\nWe further find that the Assessing Officer without initiating any penalty proceedings\nduring the course of assessment proceedings-initiated penalty proceedings u/s 271

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

carried forward and accordingly\ncompleted the assessment at 'nil' income ignoring the loss returned by the assessee.\nWe further find that the Assessing Officer without initiating any penalty proceedings\nduring the course of assessment proceedings-initiated penalty proceedings u/s 271

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

carried forward and accordingly\ncompleted the assessment at 'nil' income ignoring the loss returned by the assessee.\nWe further find that the Assessing Officer without initiating any penalty proceedings\nduring the course of assessment proceedings-initiated penalty proceedings u/s 271

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

carried forward and accordingly\ncompleted the assessment at 'nil' income ignoring the loss returned by the assessee.\nWe further find that the Assessing Officer without initiating any penalty proceedings\nduring the course of assessment proceedings-initiated penalty proceedings u/s 271

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

carried forward and accordingly\ncompleted the assessment at 'nil' income ignoring the loss returned by the assessee.\nWe further find that the Assessing Officer without initiating any penalty proceedings\nduring the course of assessment proceedings-initiated penalty proceedings u/s 271

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: -

penalty. The assessee has already declared income of Rs. 6,19,338/- in the return filed in 13 Sh. Bittal Das Parwal vs. ACIT response to notice u/s. 153A of the Act and for the disallowance carried forward loss he did not dispute. Thus, when the income is already offered and accepted in the ITR and thereafter disallowance of carried

INCOME TAX OFFICER, JAIPUR vs. SHAKUNTLAM COLONIZERS PRIVATE LIMITED, JAIPUR

carried forward unabsorbed\nbusiness loss and depreciation the total income remained at Rs. NIL, as\nthere was brough forward loss of Rs. 8,32,08,441/-.\n11. As the penalty proceeding was initiated in the assessment order and\nissue become crystalized from the order of the ITAT Id. AO held that when\naddition is based on estimation, concealment penalty

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)

loss-Subsequently, notice u/s 143(2) was issued and query was asked regarding share application money received by Assessee-Assessee filed its reply mentioning therein that it had received share application money through cheques and drafts which was cleared by banks-However, in case of 12 applicants for which detailed list was separately enclosed, necessary documents were not there

SHANKAR LAL LUDHANI THROUGH LATA DEVI LUDHANI AS LEGAL HEIR,AJMER vs. DCIT, CENTRAL CIRCLE, AJMER, AJMER

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

271 AAC (1) and subsequent levy of penalty is ab initio bad in law and facts. On this aspect the Learned Assessing Officer has opined that the assessee having paid tax under section 115BBE of the IT Act, 1961 surmounts to the assessee having consented for addition under the provisions. This view of the Learned Assessing Officer is untenable

AMAN GOYAL,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4, JAIPUR

In the result, appeal of the assessee is allowed

Bench: HON’BLE SHRI SANDEEP GOSAIN (Judicial Member)

penalty u/s 271(1)(c) of Rs. 7,81,660/-, without considering the fact that income assessed u/s 143(3) is Nil and assessed u/s 143(3) w.r.s. 263 is also Nil. The difference in carry forward losses

SHRI KHATU SHYAM BUILDERS,JAIPUR vs. ACIT CENTRAL CIRCLE 2, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

forward business loss in its return of income would not be liable for penalty under section 271(1)(c) when even allowance of such claim would have no financial implication for future [In favour of assessee]” 8 SHRI KHATU SHYAM BUILDERS VS ACIT, CENTRAL CIRCLE-2, JAIPUR 2.18 The disallowance by the ld. AO, in the quantum proceedings, was solely

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)

forward from earlier year (as is normal practice), however subsequently, mistake was rectified and Fixed Assets Register modified replaced giving effect to explanation 5 to Section 43(1). Appellant prays that depreciation was charged as per past prevalent practice under bonafide belief and claim so made by assessee, does not ipso facto amounts to under reporting and by no means

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)

forward from earlier year (as is normal practice), however subsequently, mistake was rectified and Fixed Assets Register modified replaced giving effect to explanation 5 to Section 43(1). Appellant prays that depreciation was charged as per past prevalent practice under bonafide belief and claim so made by assessee, does not ipso facto amounts to under reporting and by no means

SH. DHEERAJ SINGH SISODIYA,KOTA vs. DCIT, CENTRAL CIRCLE, KOTA, KOTA

In the result the ground no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, आयकर अपील सं. / ITA Nos.931 to 936/JP/2024 निर्धारण वर्ष / Assessment Years : 2012-13 & 2014-15 to 2018-19 Dheeraj Singh Sisodiya 005, (Nayagaun) Ram Ganmandi, Kota बनाम DCIT, Vill. Beedmandi Vs. Central Circle, Kota स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: APAPS 6392 E अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee by : Sh. P. C. Parwal, CA राजस्व की ओर से / Revenue by : Mrs. Alka Gautam,

271(1)(c) read with explanation 1 r.w.s 245H(1) for AYs 2012-13 to 2016- 17 and u/s 271AAC r.w.s 245H(1) for AYs 2017-18 to 2018-19 (as applicable) is leviable in these cases. The levy of penalty is considered separately in this order.” Thus the Hon’ble Settlement Commission has also, in principle, accepted that

SH. DHEERAJ SINGH SISODIYA,KOTA vs. DCIT, CENTRAL CIRCLE, KOTA, KOTA

In the result the ground no

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

271(1)(c) read with explanation 1 r.w.s 245H(1) for AYs 2012-13 to 2016- 17 and u/s 271AAC r.w.s 245H(1) for AYs 2017-18 to 2018-19 (as applicable) is leviable in these cases. The levy of penalty is considered separately in this order.” Thus the Hon’ble Settlement Commission has also, in principle, accepted that

SH. DHEERAJ SINGH SISODIYA,KOTA vs. DCIT, CENTRAL CIRCLE, KOTA, KOTA

In the result the ground no

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

271(1)(c) read with explanation 1 r.w.s 245H(1) for AYs 2012-13 to 2016- 17 and u/s 271AAC r.w.s 245H(1) for AYs 2017-18 to 2018-19 (as applicable) is leviable in these cases. The levy of penalty is considered separately in this order.” Thus the Hon’ble Settlement Commission has also, in principle, accepted that

SH. DHEERAJ SINGH SISODIYA,KOTA vs. DCIT, CENTRAL CIRCLE, KOTA, KOTA

In the result the ground no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, आयकर अपील सं. / ITA Nos.931 to 936/JP/2024 निर्धारण वर्ष / Assessment Years : 2012-13 & 2014-15 to 2018-19 Dheeraj Singh Sisodiya 005, (Nayagaun) Ram Ganmandi, Kota बनाम DCIT, Vill. Beedmandi Vs. Central Circle, Kota स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: APAPS 6392 E अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee by : Sh. P. C. Parwal, CA राजस्व की ओर से / Revenue by : Mrs. Alka Gautam,

271(1)(c) read with explanation 1 r.w.s 245H(1) for AYs 2012-13 to 2016- 17 and u/s 271AAC r.w.s 245H(1) for AYs 2017-18 to 2018-19 (as applicable) is leviable in these cases. The levy of penalty is considered separately in this order.” Thus the Hon’ble Settlement Commission has also, in principle, accepted that

SH. DHEERAJ SINGH SISODIYA,KOTA vs. DCIT, CENTRAL CIRCLE, KOTA, KOTA

In the result the ground no

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

271(1)(c) read with explanation 1 r.w.s 245H(1) for AYs 2012-13 to 2016- 17 and u/s 271AAC r.w.s 245H(1) for AYs 2017-18 to 2018-19 (as applicable) is leviable in these cases. The levy of penalty is considered separately in this order.” Thus the Hon’ble Settlement Commission has also, in principle, accepted that