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

u/s 143(3) r.w.s. 153A passed by Deputy Commissioner of Income Tax, Central Circle Kota (Raj.) for the Assessment Year 2013-14 (page nos. 95-101 of paper book) Copy of ledger A/c of following shares brokers from the books of account of assessee depicting the details of equity shares purchased by the assessee are enclosed : (page

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)

Section 275 was substituted by the Taxation Laws (Amendment) Act, 1970, which came into effect from 1-4-1971. The change was explained by the Board vide Circular No. 56, dated 19-3-1971. Significantly, it postulated that section 275 of the Income-tax Act which specified the time-limit for completion of penalty proceedings has been substituted

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)

Section 275 was substituted by the Taxation Laws (Amendment) Act, 1970, which came into effect from 1-4-1971. The change was explained by the Board vide Circular No. 56, dated 19-3-1971. Significantly, it postulated that section 275 of the Income-tax Act which specified the time-limit for completion of penalty proceedings has been substituted

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

271- Е\nbeyond 30th June 2008, the Additional CIT defeated the very object of Section 275 (1)\n(c).\"\nHon'ble Delhi High Court in the case of Principal Commissioner of Income-tax\n(Central)-2 v. Mahesh Wood Products (P.) Ltd. [2017] 82 taxmann.com 39\n(Delhi)/[2017] 394 ITR 312 (Delhi) [05-05-2017] held as under

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

271- Е\nbeyond 30th June 2008, the Additional CIT defeated the very object of Section 275 (1)\n(c).\"\nHon'ble Delhi High Court in the case of Principal Commissioner of Income-tax\n(Central)-2 v. Mahesh Wood Products (P.) Ltd. [2017] 82 taxmann.com 39\n(Delhi)/[2017] 394 ITR 312 (Delhi) [05-05-2017] held as under

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

3) of the Act. The Id. JCIT\nalso referred to the observation made by the AO that the assessee had received cash\npayment of Rs.47,50,000/- from various persons as per details given, which are in\ncontravention of Sec.269SS of the IT Act. Thus, the relevant proceedings were the\nassessment proceedings during the course of which, the default

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

271-\nE beyond 30th June 2008, the Additional CIT defeated the very object of Section 275 (1)\n(c).\"\nHon'ble Delhi High Court in the case of Principal Commissioner of Income-tax\n(Central)-2 v. Mahesh Wood Products (P.) Ltd. [2017] 82 taxmann.com 39\n(Delhi)/[2017] 394 ITR 312 (Delhi) [05-05-2017] held as under

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

271(1)(c) to the assessee for the same addition.\n5.\nAssessee company was not right person to allege that it has taken cash loan\nand the same were taken by some other persons.\n6.\nComplete working was not given either assessment stage or penalty proceeding\nstage: -\n7.\nThe first onus is on department to show that the assessee company

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

3) of the Act. The Id. JCIT\nalso referred to the observation made by the AO that the assessee had received cash\npayment of Rs.47,50,000/- from various persons as per details given, which are in\ncontravention of Sec.269SS of the IT Act. Thus, the relevant proceedings were the\nassessment proceedings during the course of which, the default

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

3) of the Act. The Id. JCIT also\nreferred to the observation made by the AO that the assessee had received cash\npayment of Rs.47,50,000/- from various persons as per details given, which are in\ncontravention of Sec.269SS of the IT Act. Thus, the relevant proceedings were the\nassessment proceedings during the course of which, the default

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

3) of the Act. The Id. JCIT also\nreferred to the observation made by the AO that the assessee had received cash\npayment of Rs.47,50,000/- from various persons as per details given, which are in\ncontravention of Sec. 269SS of the IT Act. Thus, the relevant proceedings were the\nassessment proceedings during the course of which, the default

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

3) of the Act. The Id. JCIT\nalso referred to the observation made by the AO that the assessee had received cash\npayment of Rs.47,50,000/- from various persons as per details given, which are in\ncontravention of Sec.269SS of the IT Act. Thus, the relevant proceedings were the\nassessment proceedings during the course of which, the default

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

226 (Raj.) (Copy at Case laws PB Page No. 44-46).\n2.\nITAT Jaipur in the case of Shri Ram Kishan Verma Vs Addl CIT,\nRange -1 Kota ITA No 405/JP/2019 AY 2015-16 order dated 03/07/2019. (Copy\nat Case laws PB Page No. 88-105\n3.\nLodha Builders (P) LTD. vs. ACIT (2014) 163 TTJ (Mumbai) 778\nThe relevant

DIESH KUMAR GOYAL,KOTA vs. ITO, WARD-1(1), KOTA, KOTA

In the result, the appeal of the assessee is partly allowed

3) of the I.T. Act was completed on\n20.03.2013 assessing income of Rs.22,51,930/- Penalty proceedings u/s\n271(1)(c) of the I.T. Act were initiated along with the assessment order\ndated 29.09.2010, for filing inaccurate particulars of income and\nconcealing the income. The assessee filed appeal against the assessment\norder and the ld.CIT(A) provided partial relief

RAM BHAROSE SHARMA,JAIPUR vs. ITO, JAIPUR

In the result, the appeal of the assessee is allowed for Statistical purposes as indicated above

penalty of Rs. 1,50,000/- u/s 271(1)(c) of the Act. A notice of recovery for outstanding demand was served upon the appellant by affixture as the daughter in law of the appellant, who was available at the relevant time, has refused to accept the said notice. Subsequently, the AO vide its order dated 19.08.2015 issued u/s 226

SHRI VIKRAM SINGH SHEKHAWAT,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE, SIKAR

In the result, the appeals filed by the assessee in ITA No

271 C, and, section 40(a)(ia) does not add to the same. Accordingly, ITAT hold that the insertion of second proviso to Section 40(a)(ia) is declaratory and curative in nature and it has retrospective effect from 1st April, 2005, being the date from which sub clause (ia) of section 40(a) was inserted by the Finance

M/S SILVEX & CO. (INDIA) LTD.,JAIPUR vs. INCOME TAX OFFICER, WARD-7-2, JAIPUR

In the result, the appeals are partly allowed

penalty proceeding u/s 271(1)(c) of the IT Act read with section 274 of the IT Act. 7. Being aggrieved by the AO the assessee preferred an appeal before the ld. CIT(A) and the findings are reproduced as under:- M/s Silvex & Co. (India) Ltd. “4.2 I have considered the facts of the case, assessment order and appellant

M/S SILVEX & CO. (INDIA) LTD.,JAIPUR vs. INCOME TAX OFFICER, WARD-7-2, JAIPUR

In the result, the appeals are partly allowed

penalty proceeding u/s 271(1)(c) of the IT Act read with section 274 of the IT Act. 7. Being aggrieved by the AO the assessee preferred an appeal before the ld. CIT(A) and the findings are reproduced as under:- M/s Silvex & Co. (India) Ltd. “4.2 I have considered the facts of the case, assessment order and appellant