SHRI JAI HIND AGARWAL,JAIPUR vs. ITO, WD-5(4), JAIPUR

In the result, this appeal of the assessee is allowed

Bench: Or At The Time Of Hearing.” 2. The Hearing Of The Appeal Was Concluded Through Video Conference In View Of The Prevailing Situation Of Covid-19 Pandemic.

161 Taxman 218/291 ITR 519 (SC) Primary burden of proof is on revenue; even when burden is required to be discharged by an assessee, it would not be as heavy as in prosecution cases; before a penalty can be imposed, the entirety of circumstances must reasonably point to conclusion that disputed amount represented income and that assessee had consciously concealed

AMAR BHARTI,JAIPUR vs. ASSTT.. COMMISSIONER OF INCOME-TAX, WARD-1(3), JAIPUR., JAIPUR

In the result, appeal of the assessee is allowed

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

penalty u/s. 271(1)(b) of the Act. During the course of assessment proceedings the A.Q. has service notice u/s.142(1) of the LT. Act. Subsequently, notices u/s. 142(1) on various dated as per para 4 of this order, were served upon the assesse through Speed Post as well as through Notice Server. The appellant remains silent

AJAY BAKLIWAL,KOTA vs. ACIT, CENTRAL CIRCLE, KOTA, KOTA

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

271 and 273 were the two original penalty provisions, which require the penalty proceedings to be initiated during the course of relevant assessment proceedings or the other relevant proceedings, as the case may be. The penalty proceedings could also be initiated during the appellate proceedings arising out of the relevant assessment proceedings. It is only where the assessment proceedings

UMESH SABOO,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: Or At The Time Of Hearing.

271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1) 21[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

M/S ETERNAL HEART CARE CENTRE & RESEARCH INSTITUTE PVT. LTD. ,3A, JAGATPURA ROAD, NEAR JAWAHAR CIRCLE, JAIPUR vs. PCIT, JAIPUR-2, JAIPUR

In the result, appeal filed by the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

161/- has been shown as interest income which includes interest income from mutual funds amounting to Rs.41,47,667/- only. On going through the details/ interest ledger it is noticed that the assessee has shown interest from 2 Mutual funds namely SBI Ultra Short-Term debt fund and HDFC Arbitrage Fund. However, the details of investment in Mutual Fund (Rs.6

DUBBI GRAM SEWA SAHKARI SAMITI LTD,DAUSA vs. ITO WD, DAUSA

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

section 263 of the Act do not give any power to CIT to impose his satisfaction over the satisfaction of AO as to whether the penalty proceedings are to initiated or not and if initiated under which section/clause. Ld. PCIT cannot direct initiation of penalty proceedings because penalty proceedings are not part of assessment proceedings. Thus, the PCIT's revisionary

RAJESH AGARWAL,VIDHYADHARA NAGAR JAIPUR vs. INCOME TAX OFFICER WD 4(1), ITO JAIPUR

u/s. 249(2) of the Act. There has been a delay of nearly 2\nyears in filing the appeal. No specific reasons for delay or request for\ncondonation has been filed by the appellant. The appellant in Col. No.\n14 of Form No. 35 has also stated that there was a delay in filing of the\nappeal. The appellant

CHAND MONAMMAD,AJMER vs. ITO, WARD 1(3), AJMER

In the result, the appeal of the assessee is allowed for statistical purposes

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

271(1)(c) has not yet been levied and only notice has been issued. Even otherwise penalty proceedings are separate from assessmentproceedings. Hence, this GOA No. 4 is dismissed. 8. In view of above facts the appeal is DISMISSED.’’ 2.3 Being aggrieved by the order of the ld. CIT(A), the assessee carried the matter before this Bench of ITAT

GCK STOCK PRIVATE LIMITED,JAIPUR vs. ITO WD 1(4), JAIPUR, JAIPUR

In the result, the appeal of the assessee is partly allowed\nOrder pronounced in the open court on 06/05/2025

penalty under section 271[1][c]\n4) In the facts and the circumstances of law, the Ld. Commissioner of Income Tax (A) erred\nin dismissing appeal By totally overlooking judgment in the case of Rajeev Bansal by SC and\nnot deciding the issue of time barred case of the Appellant .\"\n3.\nSuccinctly, the fact as culled out from the records

SH. DHEERAJ SINGH SISODIYA,KOTA vs. DCIT, CENTRAL CIRCLE, KOTA, KOTA

In the result the ground no

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

271(1)(c) read with explanation 1 r.w.s 245H(1) for AYs 2012-13 to 2016- 17 and u/s 271AAC r.w.s 245H(1) for AYs 2017-18 to 2018-19 (as applicable) is leviable in these cases. The levy of penalty is considered separately in this order.” Thus the Hon’ble Settlement Commission has also, in principle, accepted that

SH. DHEERAJ SINGH SISODIYA,KOTA vs. DCIT, CENTRAL CIRCLE, KOTA, KOTA

In the result the ground no

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

271(1)(c) read with explanation 1 r.w.s 245H(1) for AYs 2012-13 to 2016- 17 and u/s 271AAC r.w.s 245H(1) for AYs 2017-18 to 2018-19 (as applicable) is leviable in these cases. The levy of penalty is considered separately in this order.” Thus the Hon’ble Settlement Commission has also, in principle, accepted that

SH. DHEERAJ SINGH SISODIYA,KOTA vs. DCIT, CENTRAL CIRCLE, KOTA, KOTA

In the result the ground no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, आयकर अपील सं. / ITA Nos.931 to 936/JP/2024 निर्धारण वर्ष / Assessment Years : 2012-13 & 2014-15 to 2018-19 Dheeraj Singh Sisodiya 005, (Nayagaun) Ram Ganmandi, Kota बनाम DCIT, Vill. Beedmandi Vs. Central Circle, Kota स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: APAPS 6392 E अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee by : Sh. P. C. Parwal, CA राजस्व की ओर से / Revenue by : Mrs. Alka Gautam,

271(1)(c) read with explanation 1 r.w.s 245H(1) for AYs 2012-13 to 2016- 17 and u/s 271AAC r.w.s 245H(1) for AYs 2017-18 to 2018-19 (as applicable) is leviable in these cases. The levy of penalty is considered separately in this order.” Thus the Hon’ble Settlement Commission has also, in principle, accepted that

SH. DHEERAJ SINGH SISODIYA,KOTA vs. DCIT, CENTRAL CIRCLE, KOTA, KOTA

In the result the ground no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, आयकर अपील सं. / ITA Nos.931 to 936/JP/2024 निर्धारण वर्ष / Assessment Years : 2012-13 & 2014-15 to 2018-19 Dheeraj Singh Sisodiya 005, (Nayagaun) Ram Ganmandi, Kota बनाम DCIT, Vill. Beedmandi Vs. Central Circle, Kota स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: APAPS 6392 E अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee by : Sh. P. C. Parwal, CA राजस्व की ओर से / Revenue by : Mrs. Alka Gautam,

271(1)(c) read with explanation 1 r.w.s 245H(1) for AYs 2012-13 to 2016- 17 and u/s 271AAC r.w.s 245H(1) for AYs 2017-18 to 2018-19 (as applicable) is leviable in these cases. The levy of penalty is considered separately in this order.” Thus the Hon’ble Settlement Commission has also, in principle, accepted that

SH. DHEERAJ SINGH SISODIYA,KOTA vs. DCIT, CENTRAL CIRCLE, KOTA, KOTA

In the result the ground no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Judicial Member)

271(1)(c) read with explanation 1 r.w.s 245H(1) for AYs 2012-13 to 2016- 17 and u/s 271AAC r.w.s 245H(1) for AYs 2017-18 to 2018-19 (as applicable) is leviable in these cases. The levy of penalty is considered separately in this order.” Thus the Hon’ble Settlement Commission has also, in principle, accepted that

SH. DHEERAJ SINGH SISODIYA,KOTA vs. DCIT, CENTRAL CIRCLE, KOTA, KOTA

In the result the ground no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

271(1)(c) read with explanation 1 r.w.s 245H(1) for AYs 2012-13 to 2016- 17 and u/s 271AAC r.w.s 245H(1) for AYs 2017-18 to 2018-19 (as applicable) is leviable in these cases. The levy of penalty is considered separately in this order.” Thus the Hon’ble Settlement Commission has also, in principle, accepted that

RAM DHAN YADAV,CHOMU JAIPUR vs. ITO, WD 7(3), JAIPUR

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

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

penalty u/s 271(1)(b) were issued. Thereafter, the ld. AR of the assessee attended the proceedings as per the case were discussed with him. It was stated that the assessee has been engaged in retail business in the name and style of Krishna Radymade& Fancy Store at near Government Hospital, Samod. The assessee furnished trading, profit & loss account

RAM DHAN YADAV,CHOMU JAIPUR vs. INCOME TAX OFFICER, ITO 7(3), JAIPUR

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

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

penalty u/s 271(1)(b) were issued. Thereafter, the ld. AR of the assessee attended the proceedings as per the case were discussed with him. It was stated that the assessee has been engaged in retail business in the name and style of Krishna Radymade& Fancy Store at near Government Hospital, Samod. The assessee furnished trading, profit & loss account

SYLVAN GREENS PRIVATE LIMITED,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 6, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

penalty proceedings u/s 271(1)(c) of the IT. Act is hereby initiated for furnishing inaccurate particulars of income.’’ 9 ITA NO.414.JPR/2025 SYLVAN GREEN PRIVATE LTD VS DCIT,CIRCLE-6 , JAIPUR 2.3 In first appeal, it is noticed that the ld.CIT(A) has passed an ex-parte order by confirming the action of the AO as to the addition

INCOME TAX OFFICER, WARD-1(2), JAIPUR, JAIPUR vs. MUKESH KUMAR SONI, JAIPUR

In the result appeal of the revenue is dismissed and the cross

Bench: Moving Towards The Facts Of The Case We Would Like To Mention

161 Taxman 316 (SC), Hon'ble Supreme Court has averred that : *16. Section 147 authorises and permits the Assessing Officer to assess or reassess income chargeable to tax if he has reason to believe that income for any assessment year has escaped assessment. The word "reason" in the phrase "reason to believe" would mean cause or justification. If the Assessing