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

150/-. While framing assessment, penalty\nproceedings under section 271(1)(c) of the Act for furnishing inaccurate\nparticulars of income to the extent of wrong claim of deductions amounting\nto Rs 1,59,000/- under Chapter-VIA of the income-tax Act, wrong claim of\nloss of Rs 70,000/- under the head house property income and for\nconcealing particulars

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

150/-. While framing assessment, penalty\nproceedings under section 271(1)(c) of the Act for furnishing inaccurate\nparticulars of income to the extent of wrong claim of deductions amounting\nto Rs 1,59,000/- under Chapter-VIA of the income-tax Act, wrong claim of\nloss of Rs 70,000/- under the head house property income and for\nconcealing particulars

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

150/-. While framing assessment, penalty\nproceedings under section 271(1)(c) of the Act for furnishing inaccurate\nparticulars of income to the extent of wrong claim of deductions amounting\nto Rs 1,59,000/- under Chapter-VIA of the income-tax Act, wrong claim of\nloss of Rs 70,000/- under the head house property income and for\nconcealing particulars

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

150/-. While framing assessment, penalty\nproceedings under section 271(1)(c) of the Act for furnishing inaccurate\nparticulars of income to the extent of wrong claim of deductions amounting\nto Rs 1,59,000/- under Chapter-VIA of the income-tax Act, wrong claim of\nloss of Rs 70,000/- under the head house property income and for\nconcealing particulars

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

150/-. While framing assessment, penalty\nproceedings under section 271(1)(c) of the Act for\nfurnishing inaccurate\nparticulars of income to the extent of wrong claim of deductions amounting\nto Rs 1,59,000/- under Chapter-VIA of the income-tax Act, wrong claim of\nloss of Rs 70,000/- under the head house property income and for\nconcealing particulars

SHRI MANOJ MOONDHRA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, both the appeals of the assessee are allowed

150 (SC) held that the notice issued under section 274 read with section 271AAB of the Act not specifying the ground and clauses for levy of penalty was not valid and consequently the penalty order was set aside. The ld. A/R has also relied on the decision of Hon’ble Jurisdictional High Court in the case of Sheveta Construction

SHRI MANOJ MOONDHRA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, both the appeals of the assessee are allowed

150 (SC) held that the notice issued under section 274 read with section 271AAB of the Act not specifying the ground and clauses for levy of penalty was not valid and consequently the penalty order was set aside. The ld. A/R has also relied on the decision of Hon’ble Jurisdictional High Court in the case of Sheveta Construction

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.

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 for concealment of income/ furnishing inaccurate particulars of income.’’ 16 RAKESH KUMAR JAIN VS DCIT, CIRCLE-2, JAIPUR Thus it is noticed that at the time of passing of assessment

SHRI MUKESH MOONDHRA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, both the appeals of the assessee are allowed

150 (SC) held that the notice issued under section 274 read with section 271AAB of the Act not specifying the ground and clauses for levy of penalty was not valid and consequently the penalty order was set aside. The ld. A/R has also 4 Shri Mukesh Moondhra vs. DCIT. relied on the decision of Hon’ble Jurisdictional High Court

SHRI RITESH AGARWAL,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeal of the assessee is allowed

150 (SC) held that the notice issued under section 274 read with section 271AAB of the Act not specifying the ground and clauses for levy of penalty was not valid and consequently the penalty order was set aside. The ld. A/R has also relied on the decision of Hon’ble Jurisdictional High Court in the case of Sheveta Construction

SHRI SURESH CHAND MITTAL,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX , JAIPUR

In the result, appeal of the assessee is allowed

Bench: Or At The Time Of Hearing.”

150 (SC) held that the notice issued under section 274 read with section 271AAB of the Act not specifying the ground and clauses for levy of penalty was not valid and consequently the penalty order was set aside. The ld. A/R has also relied on the decision of Hon’ble Jurisdictional High Court in the case of Sheveta Construction

SHRI RAVI MATHUR,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, the appeal of the revenue is dismissed

Bench: Or At The Time Of Hearing.”

150 (SC) held that the notice issued under section 274 read with section 271AAB of the Act not specifying the ground and clauses for levy of penalty was not valid and consequently the penalty order was set aside. The ld. A/R has also relied on the decision of Hon’ble Jurisdictional High Court in the case of Sheveta Construction

ANUJ MATHUR,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeal of the assessee is allowed

Bench: Or At The Time Of Hearing.”

150 (SC) held that the notice issued under section 274 read with section 271AAB of the Act not specifying the ground and clauses for levy of penalty was not valid and consequently the penalty order was set aside. The ld. A/R has also relied on the decision of Hon’ble Jurisdictional High Court in the case of Sheveta Construction

RAVI KUMAR RAWAT,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 2, JAIPUR

Appeals are allowed and impugned orders are set aside

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

Section 271(1)© , the assessee is found guilty of furnishing of inaccurate particulars of income to the extent of amount of Rs.2,67,647/-. For that reason, I am satisfied that ‘’Assessee’’ has committed default u/s 271(1)( c) of theI.T. Act and therefore, penalty u/s 271(1)( c) is imposed on the furnishing of inaccurate particulars of income

RAVI KUMAR RAWAT,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 2, JAIPUR

Appeals are allowed and impugned orders are set aside

Bench: the Ld. CIT(A) which was partly considered by Ld. CIT(A) vide order dated 14-12-2018 in Appeal No. 474/2015-16. Vide that order Ld. CIT(A) restricted the addition from Rs.6,01,459/- to Rs.2,67,647/- by applying G.P. Rate @ 12%. Hence, the addition of Rs.2,67,647/- was sustained by the Ld. CIT(A) and therefore, Ld. AO passed penalty order dated 01-05-2020 wherein the AO imposed the penalty on the assessee for an amount of Rs.1,03,150/- u/s Section 271(1)(c) of the Act by observing as under:-

Section 271(1)© , the assessee is found guilty of furnishing of inaccurate particulars of income to the extent of amount of Rs.2,67,647/-. For that reason, I am satisfied that ‘’Assessee’’ has committed default u/s 271(1)( c) of theI.T. Act and therefore, penalty u/s 271(1)( c) is imposed on the furnishing of inaccurate particulars of income

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 271AAB(1)(c).\nIt is submitted that said notices were issued in a routine manner without\nmentioning under which clause of section 271AAB of the Act the assessee is\nliable for penalty. It submitted that section 271AAB(1) has three clauses (a) to (c)\nand each clause of sub-section (1) to sec. 271AAB provides the circumstances\nand violation

JOINT COMMISSIONER OF INCOME TAX, AJMER vs. VIJAY KUMAR SAINI, AJMER

In the result, appeal of the assessee is allowed

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

150/-. During the assessment proceedings, the appellant furnished only revised computation of total income, but neither any revised ROI was found available on e-filing portal/departmental system nor furnished by the appellant. The revised computation of total income had not been taken into consideration. However, considering the facts, the assessee himself has admitted his undisclosed sales

SHRI KANHEYA LAL,AJMER vs. ITO, WARD-1(3), AJMER

In the result, the appeal of the assessee is dismissed

271(1)(c) of the Act by filing the appeal before the ld. CIT(A) however, the ld. CIT(A) has confirmed the levy of penalty while passing the impugned order. The submissions made before the ld. CIT(A) as well before the tribunal are reproduced as under:- “It is humbly requested that in this case the decision