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

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

section 271 no penalty is leviable due to this aspect.\nFurther, regarding the surrender during survey, the penalty was initiated in the assessment order on the ground that the income was detected during the survey action and neither in the assessment order nor in the penalty order there is any finding regarding the retraction of the surrendered income

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)

section 271 no penalty is leviable due to this aspect. Further, regarding the surrender during survey, the penalty was initiated in the assessment order on the ground that the income was detected during the survey action and neither in the assessment order nor in the penalty order there is any finding regarding the retraction of the surrendered income

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

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

penalty proceedings for concealment of particulars of\nincome were initiated u/s 271(1)(c) vide show cause notice dated\n24.12.2018.\nA further opportunity of being heard was granted vide notice dated\n07.07.2015. It would be worthwhile to mention that no further appeal had\nbeen filed by the assessee against the assessment order u/s 143(3) r.w.s 153A\ndated

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)

143(3) dt.31.12.2015 wherever any addition/ disallowance is made, there is no reference of initiation of penalty proceedings though in para 11 of the order penalty proceeding is stated to be initiated against certain additions for furnishing inaccurate particulars of income. Howeverat the end of the assessment order it is stated that penalty proceedings u/s 271(1)(c) have been

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

143(3)\ndt.31.12.2015 wherever any addition/ disallowance is made, there is no reference of\ninitiation of penalty proceedings though in para 11 of the order penalty proceeding is stated\nto be initiated against certain additions for furnishing inaccurate particulars of income.\nHoweverat the end of the assessment order it is stated that penalty proceedings u/s 271(1)(c)\nhave been

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.

143(3) of the I.T. Act at Rs.1,14,75,790/-. Issue demand notice and challan. Charged interest u/s 234B, 234C, 234D & Withdrawal of excess refund u/s 244A. ITNS 150 is part of this order. Notice u/s 274 read with Section 271(1)© of the Act is issued separately on the issue discussed in para 3.1 of this order

DWARKA GEMS LIMITED ,JAIPUR vs. ASST. COMMISSIONER OF INCOME TAX , JAIPUR

In the result, the appeal of the assessee is allowed

3,00,000 which is being\nconfirmed by ld. CIT(A) is solely on estimate basis and accordingly no penalty\nwas levied by ld. AO on this issue. However, ld AO in his penalty order dated\n25.03.2019 has levied penalty against disallowance of Rs. 15,672/- related to\ndeduction u/s 80IB of the Act. Further AO also levied penalty

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

u/s 80C at Rs. 1,00,000/-.\nAssessment proceedings for the assessment year 2012-13 had been completed\nunder section 143(3)/148 on 23.08.2018 at an income of Rs. 14,09,150/-. While\nframing assessment, penalty proceedings under section 271

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

u/s 80C at Rs. 1,00,000/-.\nAssessment proceedings for the assessment year 2012-13 had been completed\nunder section 143(3)/148 on 23.08.2018 at an income of Rs. 14,09,150/-. While\nframing assessment, penalty proceedings under section 271

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

u/s 80C at Rs. 1,00,000/-.\nAssessment proceedings for the assessment year 2012-13 had been completed\nunder section 143(3)/148 on 23.08.2018 at an income of Rs. 14,09,150/-. While\nframing assessment, penalty proceedings under section 271

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

u/s 80C at Rs. 1,00,000/-.\nAssessment proceedings for the assessment year 2012-13 had been completed\nunder section 143(3)/148 on 23.08.2018 at an income of Rs. 14,09,150/-. While\nframing assessment, penalty proceedings under section 271

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

u/s 80C at Rs. 1,00,000/-.\nAssessment proceedings for the assessment year 2012-13 had been completed\nunder section 143(3)/148 on 23.08.2018 at an income of Rs. 14,09,150/-. While\nframing assessment, penalty proceedings under section 271

ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR vs. JAIPUR TELECOM PRIVATE LIMITED, JAIPUR

In the result, the appeal of the revenue is dismissed

Bench: Hon’Ble High Court Against The Order Dated 15.03.2023 Of Hon’Ble Itat & The Matter Is Subjudice?”

271(1)(c) of the Income Tax Act , 1961 dated 26.03.2019 in 08-09 2 consequence to assessment order passed u/s 143(3) dated 28.12.2016 10-15 Copy of order u/s 263 of the Income Tax Act, 1961 dated 08.03.2019. 3. 9 ACIT vs. Jaipur Telecom Private Limited Copy of Assessment order passed u/s 143(3)/263

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 read with section 274 of the Income Tax Act which does not mention the specific default committed by the appellant rendering the appellant liable to penalty under Income Tax Act. 4.2 Ld CIT(A) also erred in law in not quashing the patently illegal penalty order when the final show cause notice issued by the AO on the basis

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)

3) of section 271AAB the provisions of section 274 and 275 as far as may be applied in relation to the penalty referred in this section meaning thereby that before imposing the penalty under section 271AAB, the AO must give show cause notice and an opportunity of being heard to the assessee. The requirement of giving an opportunity of being

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)

143(3) of the IT Act at Rs. 93,59,859/- vide his order dated 24.05.2021 by making addition on account of undisclosed commission sales. The AO also initiated penalty proceedings under section 271AAB(1A) of the IT Act separately and accordingly issued show cause notices dated 24.05.2021 and 09.02.2022 under section 271 read with section

RAJ KUMAR JAIN,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE – 2, JAIPUR, JAIPUR

In the result, appeal of the assessee is allowed

143(3) read with section 153B(1)(b) of the Act was completed at an income Rs. 4,08,62,560/- on 29.03.2016 by making an addition of Rs. 3,51,448/- on account of cash found at the residence of the assessee. On appeal, the ld. CIT (A) deleted the addition of Rs 3,51,448/- vide his order

M/S. SILVEX & COMPANY INDIA LTD.,JAIPUR vs. ITO WARD-7(4), JAIPUR

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

penalty proceedings u/s 271(1)(c) r.w.s. 274 are being initiated separately. 11. Being aggrieved by the AO the assessee preferred an appeal before the ld. CIT(A) and the findings are reproduced as under:- M/s Silvex & Co. (India) Ltd. “ Taking an over view of the sequence of events, information and evidences before the A.O, there is no doubt that