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

In the result, appeal of the assessee is partly allowed

153B(1)(b)/143(3) of the Income Tax Act, 1961 on\n15.12.2016 determining total income at Rs.75,620/- inter-alia\nmaking the addition of Rs.15,25,62,502/- on account of disallowing\nthe claim made by the assessee u/s 35AD of the Income Tax Act,\n1961. In this case, the assessee company constructed a hotel\nbuilding and applied

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

In the result, appeal of the assessee is allowed

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 dated 12.06.2018. 2.1. Subsequently

MANGI LAL KANDOI ,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE – 2, JAIPUR, JAIPUR

In the result, the appeals of the assessee in ITA No

153B(b)(1) r.w.s. 245A of the Act at Rs. 20,19,995/- as against the returned income of the assessee at Rs. 8,06,240/-. The assessee carried this quantum proceeding in the appeal and the on the disposal of appeal the ld. AO proceeded to levy the penalty u/s. 271(1)(c) of the Act vide order dated

MANGI LAL KANDOI ,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE – 2, JAIPUR, JAIPUR

In the result, the appeals of the assessee in ITA No

153B(b)(1) r.w.s. 245A of the Act at Rs. 20,19,995/- as against the returned income of the assessee at Rs. 8,06,240/-. The assessee carried this quantum proceeding in the appeal and the on the disposal of appeal the ld. AO proceeded to levy the penalty u/s. 271(1)(c) of the Act vide order dated

MANGI LAL KANDOI ,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE – 2, JAIPUR, JAIPUR

In the result, appeal of the assessee is partly allowed

153B(b)(1) r.w.s. 245A of the Act at Rs. 11,03,13,509/- as against the returned income of the assessee at Rs. 10,55,520/-. The assessee carried this quantum proceeding in the appeal and the on the disposal of appeal ld. AO proceeded to levy the penalty u/s. 271AAB of the Act vide order dated 19.03.2020. While

MANGI LAL KANDOI ,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE – 2, JAIPUR, JAIPUR

In the result, the appeals of the assessee in ITA No

153B(b)(1) r.w.s. 245A of the Act at Rs. 20,19,995/- as against the returned income of the assessee at Rs. 8,06,240/-. The assessee carried this quantum proceeding in the appeal and the on the disposal of appeal the ld. AO proceeded to levy the penalty u/s. 271(1)(c) of the Act vide order dated

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

In the result, appeal of the assessee is partly allowed

153B(1)(b) at an assessed income of Rs 77,55,460/-. The Assessing Officer separately initiated the penalty proceedings u/s 271AAB in respect of undisclosed income of Rs 49,51,885/- by way of issue of notice u/s 274 r.w.s 271AAB of the Act dated 28.12.2016 which was duly served on the assessee. 2 Sh. Anil Ghatiwala, Jaipur

SHRI NIKHIL MADAN,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeal of the assessee is allowed

153B(1)(b) of the Act was completed on 30th December, 2016 accepting the returned income. The AO thereafter initiated the proceedings under section 271AAB by 3 Shri Nikhil Madan, Jaipur. issuing a notice under section 274 read with section 271AAB of the Act on 30.12.2016 as well as notice dated 26.05.2017. The AO levied the penalty under section 271AAB

SHRI AESHWARYA JAIN,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA

In the result, the appeal of the assessee is allowed

Bench: : Shri Vijay Pal Rao, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1129/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year : 2014-15 Cuke Shri Aeshwarya Jain The Dcit Vs. 65, Shopping Centre Central Circle Kota Kota Lfkk;H Ys[Kk La-@Thvkbzvkj La-@ Pan/Gir No.: Abjpj 3114 A Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri S.L. Poddar, Advocate Jktlo Dh Vksj Ls@ Revenue By : Ms.Chanchal Meena, Jcit-Dr Lquokbz Dh Rkjh[K@ Date Of Hearing : 03/01/2020 ?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 07/01/2020 Vkns'K@ Order Per Vijay Pal Rao, Jm This Appeal By The Assessee Is Directed Against The Order Dated 28-06-2019 Of Ld. Cit(A)-2, Udaipur Arising From Penalty Order Passed U/S 271Aab Of The Act For The Assessment Year 2014-15. The Assessee Has Raised The Following Grounds. ‘’1. Under The Facts & Circumstances Of The Case The Ld. Cit(A) Has Erred In Passing The Order U/S 271Aab Of The I.T. Act, 1961 Which Is Void Ab Inito Deserves To Be Quashed.

153B(1)(b) of the of the Act at the returned income. However, the AO held that income of Rs. 10.00 lacs is assessable u/s 69 of the Act and therefore, the same is taxable @ 30% as per the provisions of Section 115BBE of the Act. The AO also initiated the penalty proceedings u/s 271AAB of the Act and levied

SHRI SHYAM SUNDER KHANDELWAL,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeal of the assessee is allowed

153B(1)(b) of the Act on 23rd December, 2016 accepting the returned income. The AO initiated the penalty proceedings under section 271AAB by issuing show cause notices dated 23rd 3 Shri Shyam Sundar Khandelwal, Jaipur. December, 2016 and thereafter on 15th May, 2017. The assessee filed his reply to the show cause notice but the same was not accepted

SHRI GOPAL DAS SONKIA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeal of the assessee is allowed

153B(1)(b) of the Act on 14th December, 2016 accepting the returned income. The AO initiated the penalty proceedings under section 271AAB by issuing show cause notices dated 14th 3 Shri Gopal Das Sonkia, Jaipur. December, 2016, 10th March, 2017 and thereafter on 15th May, 2017. The assessee filed his reply to the show cause notice but the same

SHRI RAM DAS SONKIA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeal of the assessee is allowed

153B(1)(b) of the Act on 14th December, 2016 accepting the returned income. The AO initiated the penalty proceedings under section 271AAB by issuing show cause notices dated 22nd December, 2016 and thereafter on 15th May, 2017. The assessee filed his reply to the show cause notice but the same was not accepted by the AO and consequently

SHRI PADAM CHAND PUNGLIYA,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeal of the assessee is allowed

153B(1)(b) of the IT Act was completed on 30th March, 2016 accepting the returned income. Subsequently, the AO initiated the penalty proceedings under section 271AAB of the Act by issuing show cause notices dated 30th March, 2016 and 16.08.2016. The assessee raised objection against the levy of penalty by filing the reply and written submissions and mainly contended

SHAMBHU KUMAR AGARWAL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX , KOTA

In the result, we confirm the levy of penalty @ 10% on the undisclosed income of Rs

153B(1)(b) of the Act. and the assesseed income was determined at Rs. 1,65,11,990/-. Penalty proceedings u/s 271AAB were simultaneously initiated vide show cause dated 29.12.2017 in respect of undisclosed income surrendered during the course of search amounting to Rs. 44,45,700/-. 3. During the course of penalty proceedings, the Assessing Officer has given

SMT. INDIRA AGRAWAL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, KOTA

In the result, appeals of the assessee in ITA No

153B of the IT Act on 27.12.2017 at the total income of Rs. 4,52,42,549/- which includes addition of Rs. 43,639/- on account of short declaration of LTCG turnover and addition of Rs. 1,42,490/- on account of disallowance of interest claim expenses. The AO then initiated the proceedings for levy of penalty under section 271AAB

SHRI VASUDEV AGRAWAL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, KOTA

In the result, appeal of the assessee is allowed and the appeal of the revenue

153B of the IT Act on 19.12.2017 at the total income of Rs. 11,98,99,765/- which includes an addition of Rs. 9,000/- on account of short disclosure of commission income and an addition of Rs. 39,115/- on account of mismatch in the share trading turnover. The AO then initiated the proceedings for levy of penalty under

SHRI RAJENDRA AGRAWAL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX , KOTA

In the result, appeal of the assessee is allowed and the appeal of the revenue

153B of the IT Act at the total income of Rs. 12,24,18,200/-. The AO then initiated the proceedings for levy of penalty under section 271AAB of the IT Act by issuing a show cause notice dated 12.01.2018. The AO while passing the penalty order dated 21st June, 2018 has levied the penalty under section 271AAB(1

SMT. APARNA AGRAWAL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, KOTA

In the result, appeal of the assessee is allowed and the appeal of the revenue

153B of the IT Act on 07.12.2017 at the total income of Rs. 9,69,30,410/- in which no addition was made. The AO then initiated the proceedings for levy of penalty under section 271AAB of the IT Act by issuing a show cause notice dated 07.12.2017. The AO while passing the penalty order dated 21st June

SMT. JYOTI AGARWAL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA

In the result, appeals of the assessee in ITA nos

153B of the IT Act on 27.12.2017 at the total income of Rs. 4,30,65,828/- which includes addition of Rs. 42,379/- on account of short declaration of LTCG turnover and addition of Rs. 1,23,519/- on account of disallowance of interest claim expenses. The AO then initiated the proceedings for levy of penalty under section 271AAB