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

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)

u/s 274 r.w.s 271(1)(c) dt. 31.12.2025 (PB 17) is issued. The details of the relevant narration are reproduced as under:- Office of :ACIT, Cir-6, JPR File No. 10 Dated: 31-12-2015 PAN: AABCR 4659J To M/s. Rajasthan State Industrial Development & Investment Corporation Ltd. Tilak Marg, Udyog Bhawan C-Scheme, Jaipur (Raj) 302 005 Sir/ Madam, ‘’Whereas

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

In the result, appeal of the assessee is partly allowed

20% of cost was towards\ntransferring plant and machinery, it was entitled to benefit u/s 80-\nIA-Assessee had not concealed any fact from authorities-\nTribunal observed that for attracting penalty, mensrea was\nnecessary and also that neither there was suppression of fact or\nmisrepresentation of fact by assessee and, as such, order of penalty\nwas not sustainable

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)

271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1) 52[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

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)

271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1) 52[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

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

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)

20,26,176/- 10 1175/JP/2025 2020-21 19.06.2025 Levy of penalty u/s 271E of the Act vide order dated 28.08.2023 for an 3 M/s Gokul Kripa Colonisers & Developers Pvt. Ltd. amount of Rs. 6,52,43,524/- 11 1176/JP/2025 2020-21 19.06.2025 Levy of penalty u/s 271D of the Act vide order dated 28.08.2023 for an amount

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)

20,26,176/- 10 1175/JP/2025 2020-21 19.06.2025 Levy of penalty u/s 271E of the Act vide order dated 28.08.2023 for an 3 M/s Gokul Kripa Colonisers & Developers Pvt. Ltd. amount of Rs. 6,52,43,524/- 11 1176/JP/2025 2020-21 19.06.2025 Levy of penalty u/s 271D of the Act vide order dated 28.08.2023 for an amount

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.

u/s 274 r.w.s. 271 of Act which has been issued in printedletter without ticking / marking the applicable clause / without striking-off the irrelevant limb which reveals that the penalty was initiated as well as levied for both the charges. It is apparent that if AO, in the course of assessment proceedings, was satisfied that the assessee has concealed the particulars

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.

U/s 271(1)(c) of the Act should have been imposed by the A.O. under the circumstances of the present case. The ld. AR appearing on behalf of the assessee has reiterated the same arguments as were raised before the ld. CIT(A) and also relied on the written submissions filed before the Bench and the contents of the same

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 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1) 52[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

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

SHRI ANIL GHATIWALA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR

In the result, appeal of the assessee is partly allowed

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