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)

249 ITR 0125 (Guj-HC) 1.14. Further reliance is placed on the judgment of the Hon’ble Delhi High Court in the case of Vatika Construction (P.) Ltd. [2014] 45 taxmann.com 471 (Delhi), in which it has been held that “…Head Notes - Section 271(1)(c), read with sections 40A(3) and 44AD of the Income-tax Act, 1961 - Penalty

SHRI RAMCHAND LAXMANDAS BABANI,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकरअपीलसं./ ITA No. 192/JPR/2025 निर्धारणवर्ष / AssessmentYear : 2011-12 Shri Ramchand Laxmandas Babani P.No.2, Shiv Shankar Colony Janta Colony, Jaipur – 302 004 (Raj) बनाम Vs. The ITO Ward -6(4) Jaipur प्रत्यर्थी / Respondent स्थायीलेखा सं. / जीआईआरसं./PAN/GIR No.: ANYPB 6571 A अपीलार्थी / Appellant निर्धारिती की ओरसे/Assesseeby : Shri Mohit Balani, Advocate (Thru" V.C.) राजस्व की ओरसे /Revenue by: Shri Gautam Sin

B" Shri Ajoy Sharma Vs. DCIT in ITA No. 543 to 547/JP/2024-Annexure "C" 4.6. The penalty of ₹2,60,090 levied u/s 271(1)(c) is unjustified as the disallowance of 1,53,549 towards cost of improvement and Rs. 35,000 towards transfer expenses was made only due to non submission of bills during assessment. In this connection

JARINA BEGUM,KOTA vs. ITO WARD -1(4), KOTA, KOTA

In the result, the appeal filed by the assessee is allowed for\nstatistical purposes

4), Kota vide order u/s 120 of the\nIT Act of the Addl. CIT. Range-1, Kota, dated 31.05.2018.\n3.1 The assessee did not comply the notice u/s 142(1) and not\nsubmitted the ITR for A.Y. 2017-18, therefore, based on the\nreasons recorded u/s 147 of the IT Act and approval u/s 151(2) of\nthe

URMILA RAJENDRA MUNDRA,AJMER vs. INCOME TAX OFFICER, WARD-2(2), AJMER, AJMER

In the result grounds raised by the assessee is allowed

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

4,89,159/- for calculation of capital gain. Record reveals that against the said disallowance of cost of acquisition the assessee has not challenged that quantum addition made by the ld.AO and since that being the fact the ld. AO for the said disallowance initiated penalty proceeding as per the provision of section 270A of the Act and thereby ordered

DHARMENDRA KUMAR,BHANWARGARH vs. INCOME TAX OFFICER, BARAN

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

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

b) is initiated. The assessee has concealed the particulars of his income, therefore, penalty proceedings u/s 271(1)(c) is initiated. The assessee has not filed his return of income, therefore, penalty proceedings u/s 271F is initiated. Tax u/s 115BBE is charged on Rs.16,03,000/- as per the addition is made u/s 69A. In first appeal

RAJASTHAN RAJYA SAHAKARI BHOOMI VIKAS BANK LTD,JAIPUR vs. ACIT/DCIT 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)

4 (Bombay) The Bombay High Court ruled that where the assessee had disclosed all facts material for computation of income, the mere fact that such a claim was not acceptable would not justify imposition of penalty for furnishing inaccurate 7 Rajasthan Rajya Sahakari Bhoomi Vikas Bank Ltd., Jaipur. particulars. The court stressed on the difference between “making an incorrect claim

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

u/s 148 he accepts the contention of the assessee and holds that the income for which he had initially formed a reason to believe that income has escaped assessment has as a matter of fact not escaped assessment, it is not open to him to independently assess some other income. And if he intends to do so a fresh notice

ISYS SOFTECH PRIVATE LIMITED,JAIPUR vs. CIT (A), JAIPUR, JAIPUR

In the result, appeal of the assessee is allowed

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

271(1)(c) was initiated by the Id. AO in order u/s. 143(3). The first appeal of the assessee was dismissed (P.B. pages 15 to 23) whereas the second appeal before this Hon'ble ITAT was partly allowed (P.B. pages 24 to 35) with direction to allow deduction @ 100% under section 10A of Act on enhanced profit

JHUNJHUNBALAJI MOTORS PVT.LTD.,JHUNJHUNU vs. ACIT CIRCLE-JHUNJHUNU, JHUNJHUNU

penalty under section 271.\nThe following issues arise. -\n(i) The appellant claims to have been prevented by sufficient cause from\nproducing the evidence which is relevant to any ground of appeal. The sufficient\ncause is stated to health reasons of the Director of the assessee company and\nhis wife. In this regard, it is noted that the appellant

JHUNJHUNBALJI MOTORS PVT.LTD.,JHUNJHUNU vs. ACIT, CIRCLE-JHUNJHUNU, JHUNJHUNU

penalty under section 271.\nThe following issues arise. -\n(i) The appellant claims to have been prevented by sufficient cause from\nproducing the evidence which is relevant to any ground of appeal. The sufficient\ncause is stated to health reasons of the Director of the assessee company and\nhis wife. In this regard, it is noted that the appellant

PROFESSIONAL AUTOMOTIVES PRIVATE LIMITED,JAMMU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, JAIPUR

In the result the appeal of the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, आयकर अपील /ITA Nos.809 to 815/JP/2025 निर्धारण वर्ष /Assessment Years :2013-14 to 2019-20 Professional Automotives Pvt. बनाम ACIT, Ltd. Bahu Plaza, Bahu Plaza, Jammu Vs. Central Circle- 1, and Kashmir Jaipur स्थायी लेखा सं./जी.आई.आर. सं./PAN/GIR No.:AAACP9608E अपीलार्थी/Appellant प्र]त्यर्थी/Respondent निर्धारिती की ओर से / Assessee by :Shri Tarun Mittal, CA राजस्व की ओर से /Revenue by: Shri Ajey Malik, CIT (Th. V.C)

Section 194 and 200 were challenged. It was noted in P. RatnakarRao and others V. Govt. Of A.P. and others (1996 (5) SCC 359) that the discretion given under Section 200(1) to the State Government to prescribe maximum rates for compounding the offence is not unguided, uncanalised and arbitrary. It was, inter alia, held as follows: ……………….. ………………. It is indisputable

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

KISHAN LAL MEENA ,JAIPUR vs. ITO WARD 1(3), JAIPUR

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

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

b) of the Income Tax Act, 1961 is separately initiated. Penalty u/s 271F of the Income tax Act, 1961 is also initiated for failure to furnish of return in compliance of under sub-section(1) of section 139 of the Income tax Act. The assessee has furnished inaccurate particulars and has concealed income, therefore penalty proceedings u/s 271

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)

249 - DIT V/s Society for Worldwide Inter Bank Financial Telecommunications (Delhi) (Case laws Paper book pages 49-50) Assessment - Enquiry - Notice - Only upon Examination of Return - Notice u/s 143(2) served upon assessee before filing of Return - Not valid - Assessment completed on basis of Notice invalid - Income Tax Act, 1961, s. 143(2) 90 DTR 289 - Saptha Giri Finance & Investments

EFY THECHNOLOGIES,JAIPUR vs. INCOME TAX OFFICER WD 5(4), JPR, JAIPUR

Appeal is disposed of for statistical purposes

Bench: Ld. Cit(A), The Assessment Order Dated

section 249(4)(b) of the Act. Ld. CIT(A) further observed that the appellant having not furnished any substantial cause or valid reason for non-compliance of the abovesaid mandatory requirement, the appeal was not admissible. Accordingly, the appeal came to be dismissed. 3. For ready reference, it may be mentioned that assessee had challenged before

SHREE CEMENT LIMITED,BANGUR NAGAR vs. ACIT, CENTRAL CIRCLE, AJMER

In the result, the appeal of the assessee - appellant in ITA No

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

271 of the Constitution, by way of section 2 read with first schedule to the Finance Act. The Court thus having regard to the legislative history held that surcharge and additional surcharge (Cess) being charged in addition to income tax in exercise of constitutional powers are nothing but tax on income. Levy of Cess in addition to income

NIRMAL KUMAR AGRAWAL,JAIPUR vs. DCIT, CIRCLE - 4 , JAIPUR

In the result, the appeal of the assessee is allowed

b) of Section 148A of the Act. Therefore, all requirements of new law prior to the said show cause notice shall be deemed to have been complied with. Subsequently order u/s 148A(d) of the Act was passed on 21/07/2022. The assessee has filed his original ITR for the A.Y.2013-14 on 29.09.2013 declaring total income

INCOME TAX OFFICER (EXEMPTION), JAIPUR vs. M/S APOLLO ANIMAL MEDICAL GROUP TRUST, JAIPUR

In the result, the grounds of appeal taken by the Revenue are dismissed

penalty proceedings u/s 271(1)(c) r/w 274 are initiated separately 3.3 Revocable Trust:- On perusal of the trust deed it is noticed that in the trust deed there is no clause which can justify the recoverability of the trust as such the trust is held to be a revocable trust which is not eligible to become public/charitable trust