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

2) Any penalty imposable under sub-section (1) shall be imposed by the Joint\nCommissioner.\nProvided that any penalty under sub-section (1), on or alter the 1st day of April, 2025,\nshall be imposed by the Assessing Officer.\n*275 Bar of limitation for imposing penalties (1) No order imposing a penalty under this\nChapter shall be passed

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

2) Any penalty imposable under sub-section (1) shall be imposed by the Joint\nCommissioner.\nProvided that any penalty under sub-section (1), on or alter the 1st day of April, 2025,\nshall be imposed by the Assessing Officer.\n*275 Bar of limitation for imposing penalties (1) No order imposing a penalty under this\nChapter shall be passed

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

2) Any penalty imposable under sub-section (1) shall be imposed by the Joint\nCommissioner.\nProvided that any penalty under sub-section (1), on or alter the 1st day of April, 2025,\nshall be imposed by the Assessing Officer.\n*275 Bar of limitation for imposing penalties (1) No order imposing a penalty under this\nChapter shall be passed

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

2) Any penalty imposable under sub-section (1) shall be imposed by the Joint\nCommissioner.\nProvided that any penalty under sub-section (1), on or alter the 1st day of April, 2025,\nshall be imposed by the Assessing Officer.\n*275 Bar of limitation for imposing penalties (1) No order imposing a penalty under this\nChapter shall be passed

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)

271- E beyond 30th June 2008, the Additional CIT defeated the very object of Section 275 (1) (c).” Hon’ble Delhi High Court in the case of Principal Commissioner of Income-tax (Central)- 2 v. Mahesh Wood Products (P.) Ltd. [2017] 82 taxmann.com 39 (Delhi)/[2017] 394 ITR 312 (Delhi)[05-05-2017] held as under:- 29 M/s Gokul Kripa

ASSISTANT COMMISSIONER OF INCOME TA , JAIPUR vs. SHRI NATH CORPORATION, JAIPUR

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

e) and even in their D-GOA.\n3.3 The search action took place at a later point of time on 28.07.2016. Notably and admittedly again in the ROI filed u/s 153A on 08.04.2017, same income of Rs.3.94Cr. was declared.\n3.4 There was no variation was made so far as the additional income of Rs.3.95Cr. declared by the assessee is concerned

ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR vs. JITENDRA KUMAR AGARWAL, JAIPUR

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

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

e) and even in their D-GOA. 3.3 The search action took place at a later point of time on 28.07.2016. Notably and admittedly again in the ROI filed u/s 153A on 08.04.2017, same income of Rs. 3.94Cr. was declared. 3.4 There was no variation was made so far as the additional income of Rs. 3.95Cr. declared

ASSISTANT COMMISSIONER OF INCOME-TAX, JAIPUR vs. ROYAL JEWELLERS, JAIPUR

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

e) and even in their D-GOA.\n3.3 The search action took place at a later point of time on 28.07.2016.\nNotably and admittedly again in the ROI filed u/s 153A on 08.04.2017, same\nincome of Rs.3.94Cr. was declared.\n3.4\nThere was no variation was made so far as the additional income of Rs.\n3.95Cr. declared by the assessee

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)

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

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)

22 R.P. Wood Products Pvt. Ltd., Ajmer. penalty then it is a pre-condition for invoking the provisions of section 271AAB that the said income disclosed by the assessee in the statement under section 132(4) is an undisclosed income as per the definition provided under section 271AAB. Therefore, the AO in the proceedings under section 271AAB has to examine

SHRI RAI SINGH SIHAG,JAIPUR vs. INCOME TAX OFFICER, WARD-3-1, 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. 441/Jp/2019 Assessment Year: 2007-08 Shri Rai Singh Sihag, Cuke I.T.O. Vs. B-105, Vaishali Nagar, Ward- 3(1), Jaipur. Jaipur. Pan No.: Bgvps 4485 F Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Ashok Kr. Gupta & Shri S.L. Jain (Advs.) Jktlo Dh Vksj Ls@ Revenue By :Shri A.S. Nehra (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 02/11/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 15/11/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-1, Jaipur Dated 13/07/2017 For The A.Y. 2007-08. Following Grounds Have Been Taken By The Assessee: “1. The Reasons For Reopening Of The Assessment Not Valid :- That On The Facts & In The Circumstances Of The Case Ld. Ao Has Grossly Erred In Law & Facts In Invoking Action U/S 147.The Notice For Reassessment Is So Hastily Issued Without Examining The Correct Factual & Legal Position. The Action For Reassessment Is Often Made Without Application Of Mind Fairly & Objectively The Ao. Lakhmani Mewal Das 103 Itr 437 (Sc)

271(1)(C), 271A and 271B. Section 158 BFA provides for levy of interest and penalty in cases of search on or after January 1, 1997. Section 158 BG specifies the authorities competent to make the block assessment. Section 158 BH provides for application of all the other provisions of this Act, except those as provided in Chapter

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

2) Any penalty imposable under sub-section (1) shall be imposed by the Joint\nCommissioner.\nProvided that any penalty under sub-section (1), on or alter the 1st day of April, 2025,\nshall be imposed by the Assessing Officer.\n*275 Bar of limitation for imposing penalties (1) No order imposing a penalty under this\nChapter shall be passed

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.

e) The existence of such conditions should be discernible from the Assessment Order or order of the Appellate Authority or Revisional Authority. 22 RAKESH KUMAR JAIN VS DCIT, CIRCLE-2, JAIPUR (f) Ever if there is no specific finding regarding the existence of the conditions mentioned in Section 271(1)(c), at least the facts set out in Explanation

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

22-11-2006 and cash was found from possession of\nassessee Assessee had drawn cash flow statement for entire period of six\nyears in order to determine undisclosed income based on seized material for\neach of six assessment years - Whether penalty u/s 271(1)(c) cannot be imposed\nby invoking Explanation 5 in assessment year 2004-05 in respect

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

e-verification at that time so the assessee was not at a position to\nverify the contents of the computation. All the defective returns were bearing\nmobile no. and email address of his wife only. ROI filed u/s 148 were prepared &\nfiled by the CA only.\n7.2 The totality of facts & circumstances being the adverse operating condition of\nthe assessee

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

e-verification at that time so the assessee was not at a position to\nverify the contents of the computation. All the defective returns were bearing\nmobile no. and email address of his wife only. ROI filed u/s 148 were prepared &\nfiled by the CA only.\n7.2 The totality of facts & circumstances being the adverse operating condition of\nthe assessee

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

e-verification at that time so the assessee was not at a position to\nverify the contents of the computation. All the defective returns were bearing\nmobile no. and email address of his wife only. ROI filed u/s 148 were prepared &\nfiled by the CA only.\n7.2 The totality of facts & circumstances being the adverse operating condition of\nthe assessee

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

e-verification at that time so the assessee was not at a position to\nverify the contents of the computation. All the defective returns were bearing\nmobile no. and email address of his wife only. ROI filed u/s 148 were prepared &\nfiled by the CA only.\n7.2 The totality of facts & circumstances being the adverse operating condition of\nthe assessee