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)

148. However in the present case the return of income was filed by the appellant u/s 139(1) of the Act wherein the income surrendered during the survey was duly disclosed. The argument in the penalty order that penalty was initiated in assessment order u/s 153A is immaterial as the surrendered stock was detected during earlier survey, and ITR u/s

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

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

148.]\nAccordingly as there is no adverse impact on the tax liability due to the change of head of income in the present case, considering the explanation 4 in sub section (1) in the section 271 no penalty is leviable due to this aspect.\nFurther, regarding the surrender during survey, the penalty was initiated in the assessment order

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

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

148.]\nAccordingly as there is no adverse impact on the tax liability due to the change of\nhead of income in the present case, considering the explanation 4 in sub section\n(1) in the section 271 no penalty is leviable due to this aspect.\nFurther, regarding the surrender during survey, the penalty was initiated in the\nassessment 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

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

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

LOVELY PROMOTERS PRIVATE LIMITED,KOLKATA vs. ACIT, CENTRAL CIRCLE, AJMER, AJMER

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

Bench: him regarding non mentioning of Document Identification Number (DIN) in the body of the order u/s. 127 of the Act dated 08-09-2021 and various other technical pleas raised in grounds of appeal regarding validity of notice u/s. 148 of the Act, thereby appellate order passed by the CIT(A) is non-speaking order and deserves to be quashed. 4. On the facts and in circumstances of the case and in law, the AO erred in issuing notice u/s. 148 of the Act as it was a search related case u/s. 132 r/w

section 148A of the Act w.e.f. 01-04-2021. No detailed findings has been recorded by the CIT(A) in his appellate order dated 19-10-2023. b) The ITO Ward-14(1), Kolkata has issued notice u/s 148 without satisfying the mandatory condition of obtaining approval of the concerned authority as laid down u/s 151 of the Income

POOJA UPADHYAY,JAIPUR vs. ITO WARD 5(1), JAIPUR, JAIPUR

In the result, appeal of the assessee is allowed

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

section 271(1)(c). That is clearly not the intendment of the legislature.” 3. No penalty in S.148 cases: 3.1 It is further pertinent to note that in the cases where the assessee did not disclose the income in the return of income filed originally but later on when notice u/s 148

KOSHAL KISHOR SHARMA,JAIPUR vs. DCIT(INTL. TAX.) JAIPUR, JAIPUR

In the result, appeals of the assessee are allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

u/s 148 of the Act. Consequently, the AO completed the assessment under section 147 read with section 144 of the Act on 24.05.2023 at Rs. 60,04,230/- after making additions of Rs. 52,54,225/- under section 69 and Rs. 7,50,000/- under section 69A of the Act on account of unexplained investment and unexplained money Koshal Kishor

KOSHAL KISHOR SHARMA,JAIPUR vs. DCIT(INTL. TAX), JAIPUR, JAIPUR

In the result, appeals of the assessee are allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

u/s 148 of the Act. Consequently, the AO completed the assessment under section 147 read with section 144 of the Act on 24.05.2023 at Rs. 60,04,230/- after making additions of Rs. 52,54,225/- under section 69 and Rs. 7,50,000/- under section 69A of the Act on account of unexplained investment and unexplained money Koshal Kishor

KANHIAYA LAL SAIN,JAIPUR vs. JCIT RANGE-7 JAIPUR, JAIPUR

In the result, the Appeals of the appellant stands allowed with no orders as to costs

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

penalty and section 271 D of the Income Tax Act, therefore I have thought it fit to dispose off these Grounds through the present consolidated order. 3.2 LD AR in support of these Grounds relied upon in his written submissions and reiterated the same arguments as were raised by him before the lower authorities. The written submissions relied upon

JAMNA DEVI SHARMA,JAIPUR vs. ITO WARD 7(2), JAIPUR

In the result, both the appeals of the assessee are allowed with no orders as to costs

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

148, return of income was filed on 24.04.2018 at total income of Rs.15,820. Following is the summary of the actions of the authorities at various levels in respect of quantum and penalty proceedings. Particulars Addition Confirmed by Confirmed by Penalty u/s 271(1)(c) by AO CIT(A) ITAT levied by AO and Order Date Order dated confirmed

RUPESH TAMBI,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JAIPUR

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

u/s 132(4) of the IT Act, 1961\n12-21\n7. The Id. AR of the assessee in addition to the above written\nsubmission so filed vehemently argued that there is no undisclosed income\nwithin the meaning of section 271AAB which is either admitted by assessee\nor determined by A.O. in assessment and hence penalty of Rs.22,21,149/-\nimposed

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

The appeal stands allowed

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

148 and consequent assessment framed u/s 147 was challenged. 2. The Ld. CIT(A), NFAC has erred on facts and in law in confirming the addition of Rs. 5,26,000/- u/s 37(1) of IT Act on account of payment made to Thompson Programmatic Testing Centre through credit card against which assessee received consideration