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.

u/s 274 r.w.s. 271 of Act which has been issued in printedletter without ticking / marking the applicable clause / without striking-off the irrelevant limb which reveals that the penalty was initiated as well as levied for both the charges. It is apparent that if AO, in the course of assessment proceedings, was satisfied that the assessee has concealed the particulars

DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. M/S GOKUL KRIPA COLONIZERS & DEVELOPERS PVT. LTD., JAIPUR

In the result, the appeals of the revenue stands dismissed, and the

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

156 affirmed" Similar view was taken again by the Hon'ble Rajasthan High Court in the CIT v. Jitendra Singh Rathore [2013] 31 taxmann.com 52/352 ITR 327 wherein it was held under: "Penalty under s. 271D-Limitation under s. 275-Applicability of cl (a) or cl. (c) of 8. 275(1)- Show-cause notice was served on the assessee

DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. M/S GOKUL KRIPA COLONIZERS & DEVELOPERS PVT. LTD., JAIPUR

In the result, the appeals of the revenue stands dismissed, and the

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

156 affirmed" Similar view was taken again by the Hon'ble Rajasthan High Court in the CIT v. Jitendra Singh Rathore [2013] 31 taxmann.com 52/352 ITR 327 wherein it was held under: "Penalty under s. 271D-Limitation under s. 275-Applicability of cl (a) or cl. (c) of 8. 275(1)- Show-cause notice was served on the assessee

VIJAY KEDIA (HUF),JAIPUR vs. ACIT, JAIPUR

In the result, this appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1266/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2008-09 M/S Vijay Kedia, Cuke A.C.I.T., 1307, Gopal Ji Ka Rasta, Johari Vs. Central Circle-1, Bazar, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aabhv 6449 M Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri S.R. Sharma (Ca)& Shri R.K. Bhatra (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri A.S. Nehra (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 19/07/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 30/07/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld. Cit(A)- 1, Jaipur Dated 02/09/2019 For The A.Y. 2008-09, Wherein Following Grounds Have Been Taken. “1. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Is Wrong, Unjust & Has Erred In Law In Not Accepting Plea Of The Appellant That The Notice Issued By The Assessing Officer U/S 271(1)(C) Of The I.T. Act, 1961 Is Wrong & Bad In Law Inasmuch As It Did Not Specify In Which Limb Of Sec. 271(1)(C) Of The Income Tax Act, 1961 The Penalty Proceedings Has Been Initiated I.E. Whether For Concealment Of Income Or Furnishing Of Inaccurate Particulars Of Income.

Section 271 (1) (c) of the Act, the penalty proceedings had been initiated i.e. whether for concealment of particulars of income or furnishing of inaccurate particulars of income. The Tribunal, while allowing the appeal of the assessee has relied on the decision of the Division Bench of this Court rendered in the case of COMMISSIONER OF INCOME TAX — VS — MANJUNATHA

DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. M/S GOKUL KRIPA COLONIZERS & DEVELOPERS PVT. LTD., JAIPUR

In the result the appeal of the revenue in ITA no

156 affirmed\"\nSimilar view was taken again by the Hon'ble Rajasthan High Court in the CIT v. Jitendra\nSingh Rathore [2013] 31 taxmann.com 52/352 ITR 327 wherein it was held under:\n\"Penalty under s.271D-Limitation under s.275-Applicability of cl (a) or cl. (c) of 8.\n275(1)- Show-cause notice was served on the assessee by AO on 27th

DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. M/S GOKUL KRIPA COLONIZERS & DEVELOPERS PVT. LTD., JAIPUR

In the result the appeal of the revenue in ITA no

156 affirmed\"\nSimilar view was taken again by the Hon'ble Rajasthan High Court in the CIT v. Jitendra\nSingh Rathore [2013] 31 taxmann.com 52/352 ITR 327 wherein it was held under:\n\"Penalty under s.271D-Limitation under s.275-Applicability of cl (a) or cl. (c) of 8.\n275(1)- Show-cause notice was served on the assessee by AO on 27th

VISION JEWELLERS,JAIPUR vs. DCIT, CIRCLE-1, JAIPUR, JAIPUR

In the result the appeal of the assessee is allowed

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

u/s 271(1)(c), ld. AO has to apply his mind and come to a conclusion that whether the penalty is being levied for concealment of particulars of incomeORfurnishing inaccurate particulars of income. 1.2. In the penalty proceedings, there is heavy onus on the ld. AO, initiating penalty, of proving the assessee firm guilty of concealment of income as penalty

DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. M/S GOKUL KRIPA COLONIZERS & DEVELOPERS PVT. LTD., JAIPUR

In the result the appeal of the revenue in ITA no

156 affirmed\"\nSimilar view was taken again by the Hon'ble Rajasthan High Court in the CIT v. Jitendra\nSingh Rathore [2013] 31 taxmann.com 52/352 ITR 327 wherein it was held under:\n\"Penalty under s.271D-Limitation under s.275-Applicability of cl (a) or cl. (c) of 8.\n275(1)- Show-cause notice was served on the assessee by AO on 27th

DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. M/S GOKUL KRIPA COLONIZERS & DEVELOPERS PVT. LTD., JAIPUR

In the result the appeal of the revenue in ITA no

156 affirmed\"\nSimilar view was taken again by the Hon'ble Rajasthan High Court in the CIT v. Jitendra\nSingh Rathore [2013] 31 taxmann.com 52/352 ITR 327 wherein it was held under:\n\"Penalty under s.271D-Limitation under s.275-Applicability of cl (a) or cl. (c) of s.\n275(1)- Show-cause notice was served on the assessee by AO on 27th

DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. M/S GOKUL KRIPA COLONIZERS & DEVELOPERS PVT. LTD., JAIPUR

In the result the appeal of the revenue in ITA no

156 affirmed\"\nSimilar view was taken again by the Hon'ble Rajasthan High Court in the CIT v. Jitendra\nSingh Rathore [2013] 31 taxmann.com 52/352 ITR 327 wherein it was held under:\n\"Penalty unders 271D-Limitation under s.275-Applicability of cl (a) or cl. (c) of 8.\n275(1)- Show-cause notice was served on the assessee

DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. M/S GOKUL KRIPA COLONIZERS & DEVELOPERS PVT. LTD., JAIPUR

penalty proceedings\".\n(b) in a case where the relevant assessment or other order is the subject matter of\nrevision under section 263 or section 264, after the expiry of six months from the end of\nthe month in which such order of revision is passed,\n(c) in any other case, after the expiry of the financial year

DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. M/S GOKUL KRIPA COLONIZERS & DEVELOPERS PVT. LTD., JAIPUR

In the result the appeal of the revenue in ITA no

156 affirmed\"\nSimilar view was taken again by the Hon'ble Rajasthan High Court in the CIT v. Jitendra\nSingh Rathore [2013] 31 taxmann.com 52/352 ITR 327 wherein it was held under:\n\"Penalty under s.271D-Limitation under s.275-Applicability of cl (a) or cl. (c) of s.\n275(1)- Show-cause notice was served on the assessee by AO on 27th

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)

156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the Assessing Officer proposes to invoke the first limb being concealment, then the notice has to be appropriately marked. Similar is the case for furnishing inaccurate particulars of income

DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. M/S GOKUL KRIPA COLONIZERS & DEVELOPERS PVT. LTD., JAIPUR

In the result the appeal of the revenue in ITA no

156 affirmed\"\nSimilar view was taken again by the Hon'ble Rajasthan High Court in the CIT v. Jitendra\nSingh Rathore [2013] 31 taxmann.com 52/352 ITR 327 wherein it was held under:\n\"Penalty under s.271D-Limitation under s.275-Applicability of cl (a) or cl. (c) of 8.\n275(1)- Show-cause notice was served on the assessee by AO on 27th

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

DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. M/S GOKUL KRIPA COLONIZERS & DEVELOPERS PVT. LTD., JAIPUR

In the result the appeal of the revenue in ITA no

156 affirmed\"\nSimilar view was taken again by the Hon'ble Rajasthan High Court in the CIT v. Jitendra\nSingh Rathore [2013] 31 taxmann.com 52/352 ITR 327 wherein it was held under:\n\"Penalty under s.271D-Limitation under s.275-Applicability of cl (a) or cl. (c) of 8.\n275(1)- Show-cause notice was served on the assessee by AO on 27th

DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. M/S GOKUL KRIPA COLONIZERS & DEVELOPERS PVT. LTD., JAIPUR

In the result the appeal of the revenue in ITA no

156 affirmed\"\nSimilar view was taken again by the Hon'ble Rajasthan High Court in the CIT v. Jitendra\nSingh Rathore [2013] 31 taxmann.com 52/352 ITR 327 wherein it was held under:\n\"Penalty under s.271D-Limitation under s.275-Applicability of cl (a) or cl. (c) of s.\n275(1)- Show-cause notice was served on the assessee by AO on 27th

DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR vs. M/S KIRAN FINE JEWELLERS PVT LTD. , JAIPUR

In the result, all the appeals of the revenue are dismissed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, आयकर अपील सं. / ITA Nos.268, 270, 271 & 274/JP/2025 निर्धारण वर्ष / Assessment Years : 2013-14, 2014-15 & 2017-18 Dy. Commissioner of Income बनाम Tax, Central Circle-02, Jaipur Vs. Kiran Fine Jewellers Private Limited F-19, Gautam Marg, Vaishali Nagar, Jaipur स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: AADCK7512P अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee by: Shri R. K. Bhatra, CA राजस्व

section 274 r.w.s. 271E of the IT Act, 1961 was issued on 24.02.2022 fixing the case for hearing on 07.03.2022 The appellant contended before the Id. Addl. Commissioner that the penalty proceedings are barred by limitation as the same have not been passed within after expiry of financial year in which the quantum proceedings were completed. In this regard