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

15,65,426 | Nil | Nil\n\nThus after the order of ITAT dt.10.04.2018 (PB 25-94), following disallowance\nmade by the AO stood confirmed:-\n\nDisallowance of CSR Expenses\nDisallowance u/s 14A\nRs.40,42,000/-\nRs.37,19,337/-\n\nAfter the order of Hon'ble ITAT, AO again issued notice dt.14.03.2019 (PB 17) to\nshow cause why penalty u/s 271

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

In the result, appeal of the assessee is partly allowed

Section 271(1)(c).\n4. In the facts and circumstances of the case the Learned CIT(A) has erred\nin confirming the penalty of Rs.5,18,55,995/- u/s 271(1)(c) of the Income\nTax Act, 1961 without considering that the assessee was eligible for\ndepreciation otherwise and the deduction was claimed due to mistake of\ncounsel which

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

In the result, the appeal of the assessee is allowed

15,672/- related to\ndeduction u/s 80IB of the Act. Further AO also levied penalty on disallowance of\nRs.29,457/- made towards against loss on sale of assets. The Appellant preferred\nappeal before ld. CIT(A) but remained unsuccessful.\n2.2 Against the order of ld. CIT (A), the present appeal has been filed by the\nassessee on the groundS mentioned

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 on 31.03.215 by the Assessing Officer has been extracted by us above. The charge in this notice is not specified. The Jaipur Bench of the Tribunal in the case of Padam Chand Pungaliya (supra ) held as follows:-……. Xxxxxxxxx 11. Applying the propositions of law laid down in these case –laws to the fact of the case we have

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

In the result, appeal of the assessee is allowed

15 Shri Raj Kumar Jain, Jaipur. Sejal Exports ITA No. 5724/Mum/2012 (v) Where there is no difference between the income returned u/s 153A and assessed, no penalty would be leviable. (vi) Kiriti Dayabhai Patel vs. Assistant Commissioner of Income Tax ITA No. 1181/2010 (Guj) Penalty is to be levied on the income assessed over and above the returned income u/s

DCIT, CENTRAL CIRCLE-2, JAIPUR, CENTRAL CIRCLE-2 JAIPUR vs. SHRI PRAKASH CHAND SHARMA, C-42, GOKUL PATH VAISHALI NAGAR, JAIPUR, JAIPUR

In the result, appeals of the revenue are dismissed

Bench: Ao On The Charge Of Concealment Of Income.

section 142(1)/143(2) of the Income-tax Act, 1961 No._____ dated 06.06.2012. *have concealed the particulars of your income or______ furnished inaccurate particulars or such income. Penalty u/s 271(1)(c) initiate for undisclosed income of the specified previous year. You are hereby requested to appear before me at 11.00 AM on 15

DCIT, CENTRAL CIRCLE-2, JAIPUR, CENTRAL CIRCLE-2 JAIPUR vs. SHRI PRAKASH CHAND SHARMA, C-42, GOKUL PATH VAISHALI NAGAR, JAIPUR, JAIPUR

In the result, appeals of the revenue are dismissed

Bench: Ao On The Charge Of Concealment Of Income.

section 142(1)/143(2) of the Income-tax Act, 1961 No._____ dated 06.06.2012. *have concealed the particulars of your income or______ furnished inaccurate particulars or such income. Penalty u/s 271(1)(c) initiate for undisclosed income of the specified previous year. You are hereby requested to appear before me at 11.00 AM on 15

DCIT, CENTRAL CIRCLE-2, JAIPUR, CENTRAL CIRCLE-2 JAIPUR vs. SHRI PRAKASH CHAND SHARMA, C-42, GOKUL PATH VAISHALI NAGAR, JAIPUR, JAIPUR

In the result, appeals of the revenue are dismissed

Bench: Ao On The Charge Of Concealment Of Income.

section 142(1)/143(2) of the Income-tax Act, 1961 No._____ dated 06.06.2012. *have concealed the particulars of your income or______ furnished inaccurate particulars or such income. Penalty u/s 271(1)(c) initiate for undisclosed income of the specified previous year. You are hereby requested to appear before me at 11.00 AM on 15

VAIBHAV GLOBAL LIMITED,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-5, JAIPUR

In the result, the penalty is directed to be deleted and appeal of the assessee is allowed

section (1B). Admittedly, in all the four appeals under consideration, the AO directed to initiate penalty u/s. 271(l)(c) of the Act in the assessment orders. Thus, the Revenue can be safely considered to have successfully passed out the first stage. (b) Recording of satisfaction at the penalty stage 14. It has been noted above that penalty proceedings

VAIBHAV GLOBAL LIMITED,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-5, JAIPUR

In the result, the penalty is directed to be deleted and appeal of the assessee is allowed

section (1B). Admittedly, in all the four appeals under consideration, the AO directed to initiate penalty u/s. 271(l)(c) of the Act in the assessment orders. Thus, the Revenue can be safely considered to have successfully passed out the first stage. (b) Recording of satisfaction at the penalty stage 14. It has been noted above that penalty proceedings

RAMESH CHAND BANSAL,BEAWAR vs. DCIT, AJMER

In the result, the appeals of the assessee are allowed

section 271AAA. Thus, the facts and circumstances being quite identical, the decision of Hon’ble ITAT Bench, Delhi deserves to be applied on the facts of present case as well. Since in our case also, the AO has initiated penalty only u/s 271(1)(c) in all the years and has not imposed the penalty u/s 271AAA, the impugned penalties

NARAYAN HEIGHTS & TOWERS,JAIPUR vs. ITO, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: The Hearing Of Appeal.”

u/s 274 of the Act should specifically state as to whether penalty is being proposed for concealment of particulars of income or inaccurate particulars of income. In the present case notice under section 274 dated 25/3/2015 enclosed at paper book page 16 reads as under: “Penalty Notice Under Section 274, Read with Section 271 of the IT Act. 1961” 15

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)

u/s 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

DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR vs. SHRI KAMAL SETHIA, JAIPUR

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

u/s 271 r/w 275 which states that: “whereas in the course of assessment proceedings for AY 2014- 15, it appears that as per section 274 and 275 read with section 271(1)(c) you are liable for penalty

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.

penalty proceedings u/s 271(1)© for filing of inaccurate particular of income / concealment of income are initiated by way of issue of notice u/s 271(1)© of the Act. 4. Subject to above remarks total income of the assessee is recomputed as under:- Income as declared by the assessee as per original return. Income from business or profession Rs.61

SMT. SHIPRA JAIN,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, JAIPUR

In the result, the penalty so levied u/s 271(1)(c) is hereby deleted and appeals are allowed

section (1B). Admittedly, in all the four appeals under consideration, the AO directed to initiate penalty u/s. 271(l)(c) of the Act in the assessment orders. Thus, the Revenue can be safely considered to have successfully passed out the first stage. (b) Recording of satisfaction at the penalty stage 14. It has been noted above that penalty proceedings

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 without specifying the specific default of section 271AAB(1A) of the I.T.Act, i.e either default of clause (a) or default of clause (b) of the said sub section. Prior to the imposition of penalty another stereotyped show cause notice dated 09/02/2022 was issued by the Assessing Officer simply stating that

SHRI ASHOK KUMAR MAHESHWARI,JAIPUR vs. PR. COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeal of the assessee is allowed

15,46,83,000/-. A search and seizure operation was carried out on 18/07/2012, thus the search was conducted during the financial year relevant to assessment year 2013-14. The Assessing Officer initiated the penalty proceedings U/s 271AAB by issuing notice U/s 274 read with Section 271