ASSISTANT COMMISSIONER OF INCOME-TAX, JAIPUR vs. ROYAL JEWELLERS, JAIPUR

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

10,463/- which was detected during the survey proceedings u/s 133A of\nthe I.T. Act?\"\n3.3 In ITA No. 197/JPR/2024, the Revenue has raised the following\ngrounds of appeal:-\n\"1. 1. Whether on the facts and circumstances of this case, the Ld. CIT(A) is\njustified in deleting the penalty of Rs.1,01,50,594/- u/s 271

ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR vs. JITENDRA KUMAR AGARWAL, JAIPUR

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

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

10,463/- which was detected during the survey proceedings u/s 133A of the I.T. Act?" 3.3 In ITA No. 197/JPR/2024, the Revenue has raised the following grounds of appeal:- “1. 1. Whether on the facts and circumstances of this case, the Ld. CIT(A) is justified in deleting the penalty of Rs. 1,01,50,594/- u/s 271

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

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

10,463/- which was detected during the survey proceedings u/s 133A of the I.T. Act?\"\n3.3 In ITA No. 197/JPR/2024, the Revenue has raised the following grounds of appeal:-\n\"1. 1. Whether on the facts and circumstances of this case, the Ld. CIT(A) is justified in deleting the penalty of Rs.1,01,50,594/- u/s 271

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

10) of the order\nabove on account of claim of expenditure for State Renewal Fund, prior period\nexpenditure, contribution to CDOS, incorrect claim of deduction u/s 801A &\ndisallowance u/s 14A. Penalty proceedings u/s 271(1)(c) of the I.T. Act have been\ninitiated separately.\"\n\nFrom the above it is clear that AO has not recorded any satisfaction for initiation

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)

10) of the order above on account of claim of expenditure for State Renewal Fund, prior period expenditure, contribution to CDOS, incorrect claim of deduction u/s 80IA & disallowance u/s 14A. Penalty proceedings u/s 271(1)(c) of the I.T. Act have been initiated separately.” From the above it is clear that AO has not recorded any satisfaction for initiation

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

In the result, appeal of the assessee is partly allowed

271(1)(c)\nwere satisfied or fulfilled so as to justify imposition of penalty-\nTribunal merely followed dictum of Supreme Court in several\ndecisions and thus penalty was rightly deleted by Tribunal—Penalty\nhas therefore been rightly deleted-Such a finding essentially based on\nfacts and circumstances peculiar to assessee, does not raise any\nsubstantial question of law-Court directed

GHANSHYAM TAK,NAYA GHAR AJMER vs. DCIT CENTRAL CIRCLE AJMER, JAIPUR ROAD AJMER

In the result, appeal of the assessee is allowed

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

10 has held as under :- “ It is clear from the Sub Section (3) of Section 271 AAB that Sections 274 and Section 275 of the Act shall, so far as may be, apply. Sub Section (1) of Section 274 of the Act mandates that order imposing penalty has to be imposed only after hearing the assessee or giving a assessee

R P WOOD PRODUCTS PRIVATE LIMITED,AJMER vs. DCIT CENTRAL CIRCLE AJMER, JAIPUR ROAD AJMER

In the result, appeal of the assessee is allowed

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

10 has held as under :- “ It is clear from the Sub Section (3) of Section 271 AAB that Sections 274 and Section 275 of the Act shall, so far as may be, apply. Sub Section (1) of Section 274 of the Act mandates that order imposing penalty has to be imposed only after hearing the assessee or giving a assessee

R P WOOD PRODUCTS PVT LTD ,NAYA BAZAR AJMER vs. DCIT CENTRAL CIRCLE AJMER, JAIPUR ROAD AJMER

In the result, appeal of the assessee is partly allowed and the appeal of the Revenue is dismissed

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

271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1) or sub-section (1A). (3) The provisions of sections 274 and 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,— (a) "specified date" means

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.

271(1)(c) Assessing Officer alleged that assessee had concealed its income, orders imposing penalty were invalid and liable to be cancelled. [In favor of assessee] 8 RAKESH KUMAR JAIN VS DCIT, CIRCLE-2, JAIPUR 8 In view of the above facts and judicial decisions, the penalty imposed by the AO and confirmed by the CIT(A) may kindly

DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. M/S GOKUL KRIPA COLONIZERS & DEVELOPERS PVT. LTD., JAIPUR

In the result, the appeals of the revenue stands dismissed, and the

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

10-20 years and impose penalty in 6 months after SCN, which is against legislative intent. The initiation means beginning, starting a legal process, or action or proceedings. The ld AO in assessment order has dealt the fact of receiving cash loans and repayment of cash loans by the assessee and the assessment orders were passed after approval u/s 153D

DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. M/S GOKUL KRIPA COLONIZERS & DEVELOPERS PVT. LTD., JAIPUR

In the result, the appeals of the revenue stands dismissed, and the

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

10-20 years and impose penalty in 6 months after SCN, which is against legislative intent. The initiation means beginning, starting a legal process, or action or proceedings. The ld AO in assessment order has dealt the fact of receiving cash loans and repayment of cash loans by the assessee and the assessment orders were passed after approval u/s 153D

VIJAY KEDIA (HUF),JAIPUR vs. ACIT, JAIPUR

In the result, this appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1266/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2008-09 M/S Vijay Kedia, Cuke A.C.I.T., 1307, Gopal Ji Ka Rasta, Johari Vs. Central Circle-1, Bazar, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aabhv 6449 M Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri S.R. Sharma (Ca)& Shri R.K. Bhatra (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri A.S. Nehra (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 19/07/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 30/07/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld. Cit(A)- 1, Jaipur Dated 02/09/2019 For The A.Y. 2008-09, Wherein Following Grounds Have Been Taken. “1. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Is Wrong, Unjust & Has Erred In Law In Not Accepting Plea Of The Appellant That The Notice Issued By The Assessing Officer U/S 271(1)(C) Of The I.T. Act, 1961 Is Wrong & Bad In Law Inasmuch As It Did Not Specify In Which Limb Of Sec. 271(1)(C) Of The Income Tax Act, 1961 The Penalty Proceedings Has Been Initiated I.E. Whether For Concealment Of Income Or Furnishing Of Inaccurate Particulars Of Income.

10,65,919/- u/s 271 (1) (c) of Act. The ld. CIT(A) has upheld the penalty order passed by the A.O. 4. Now the assessee is in appeal before the ITAT against imposition and confirmation of the penalty on the grounds mentioned above. 5. Ground No. 1 raised by the assessee relates to challenging the order

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

section 153A, of the Income-tax Act, 1961 - Penalty\nFor concealment of income - Assessment year 2004-05 - Whether for purpose\nof imposition of penalty u/s 271(1)(c) resulting as a result of search assessments\nmade u/s 153A, original return of income filed u/s 139 cannot be considered\nHeld, yes - Whether concealment of income has to be seen with reference

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

section 153A, of the Income-tax Act, 1961 - Penalty\nFor concealment of income - Assessment year 2004-05 - Whether for purpose\nof imposition of penalty u/s 271(1)(c) resulting as a result of search assessments\nmade u/s 153A, original return of income filed u/s 139 cannot be considered\nHeld, yes - Whether concealment of income has to be seen with reference

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

section 153A, of the Income-tax Act, 1961 - Penalty\nFor concealment of income - Assessment year 2004-05 - Whether for purpose\nof imposition of penalty u/s 271(1)(c) resulting as a result of search assessments\nmade u/s 153A, original return of income filed u/s 139 cannot be considered\nHeld, yes - Whether concealment of income has to be seen with reference

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

section 153A, of the Income-tax Act, 1961 - Penalty\nFor concealment of income - Assessment year 2004-05 - Whether for purpose\nof imposition of penalty u/s 271(1)(c) resulting as a result of search assessments\nmade u/s 153A, original return of income filed u/s 139 cannot be considered\nHeld, yes - Whether concealment of income has to be seen with reference

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

section 153A, of the Income-tax Act, 1961 - Penalty\nFor concealment of income - Assessment year 2004-05 - Whether for purpose\nof imposition of penalty u/s 271(1)(c) resulting as a result of search assessments\nmade u/s 153A, original return of income filed u/s 139 cannot be considered\nHeld, yes - Whether concealment of income has to be seen with reference