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)

250 of the IT Act, 1961 for the assessment year 2019-20. The assessee has raised the following grounds :- 1. The orders passed by the authorities below in so far as they are against the appellant are opposed to law, equity, weight of evidences, facts and circumstances of the case and are therefore liable to be quashed

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)

250 of the IT Act, 1961 for the assessment year 2020-21. The assessee has raised the following grounds :- 1. The orders passed by the authorities below in so far as they are against the appellant are opposed to law, equity, weight of evidences, facts and circumstances of the case and are therefore liable to be quashed

VAIBHAV GLOBAL LIMITED,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-5, JAIPUR

In the result, the penalty is directed to be deleted and appeal of the assessee is allowed

6. Now coming to the penalty proceedings, the same were initiated by the Assessing Officer while completing the assessment proceedings U/s 143(3) r.w.s. 144C of the I.T. Act wherein the AO has made transfer pricing adjustment/addition of Rs. 18,68,02,513/-and has Vaibhav Global Ltd. vs. ACIT stated that penalty U/s 271(1)(c) is leviable

VAIBHAV GLOBAL LIMITED,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-5, JAIPUR

In the result, the penalty is directed to be deleted and appeal of the assessee is allowed

6. Now coming to the penalty proceedings, the same were initiated by the Assessing Officer while completing the assessment proceedings U/s 143(3) r.w.s. 144C of the I.T. Act wherein the AO has made transfer pricing adjustment/addition of Rs. 18,68,02,513/-and has Vaibhav Global Ltd. vs. ACIT stated that penalty U/s 271(1)(c) is leviable

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)

250/- 13 1178/JP/2025 2021-22 19.06.2025 Levy of penalty u/s 271E of the Act vide order dated 28.08.2023 for an amount of Rs. 6,99,87,788/- Against all these appeals of the revenue the assessee preferred cross objections which were numbered as CO/39/JP/2025 to CO/46/JP/2025. 2. As agreed by the parties the lead case of revenue is considered

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)

250/- 13 1178/JP/2025 2021-22 19.06.2025 Levy of penalty u/s 271E of the Act vide order dated 28.08.2023 for an amount of Rs. 6,99,87,788/- Against all these appeals of the revenue the assessee preferred cross objections which were numbered as CO/39/JP/2025 to CO/46/JP/2025. 2. As agreed by the parties the lead case of revenue is considered

DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR vs. SHRI KAMAL SETHIA, JAIPUR

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

250(Madras) for the proposition that this issue can never be a question of law in the assessee’s case as it is purely a question of fact. It was further submitted that as per section 271(1)(c), the penalty may be imposed for furnishing inaccurate particulars of income or for concealment of income and an opportunity of being

SMT. SHIPRA JAIN,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, JAIPUR

In the result, the penalty so levied u/s 271(1)(c) is hereby deleted and appeals are allowed

250 has held that a person who is accused of the conditions mentioned in section 271 should be made known about the grounds on which they intend imposing penalty on him as section 274 makes it clear that assessee has a right to contest such proceedings and should have full opportunity to meet the case of the Department and show

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

250/-\n13\n1178/JP/2025\n2021-22\n19.06.2025\nLevy of penalty u/s 271E of the Act\nvide order dated 28.08.2023 for an\namount of Rs.6,99,87,788/-\nAgainst all these appeals of the revenue the assessee preferred\ncross objections which were numbered as CO/39/JP/2025 to\nCO/46/JP/2025.\n2.\nAs agreed by the parties the lead case of revenue is considered in\nITA

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

250/-\n13\n1178/JP/2025\n2021-22\n19.06.2025\nLevy of penalty u/s 271E of the Act\nvide order dated 28.08.2023 for an\namount of Rs.6,99,87,788/-\nAgainst all these appeals of the revenue the assessee preferred\ncross objections which were numbered as CO/39/JP/2025 to\nCO/46/JP/2025.\n2.\nAs agreed by the parties the lead case of revenue is considered in\nITA

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

250/-\n13\n1178/JP/2025\n2021-22\n19.06.2025\nLevy of penalty u/s 271E of the Act\nvide order dated 28.08.2023 for an\namount of Rs.6,99,87,788/-\nAgainst all these appeals of the revenue the assessee preferred\ncross objections which were numbered as CO/39/JP/2025 to\nCO/46/JP/2025.\n2.\nAs agreed by the parties the lead case of revenue is considered in\nITA

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

250/-\n13\n1178/JP/2025\n2021-22\n19.06.2025\nLevy of penalty u/s 271E of the Act\nvide order dated 28.08.2023 for an\namount of Rs.6,99,87,788/-\nAgainst all these appeals of the revenue the assessee preferred\ncross\nobjections which were numbered as CO/39/JP/2025 to\nCO/46/JP/2025.\n2.\nAs agreed by the parties the lead case of revenue is considered in\nITA

SHRI VIMAL CHAND SURANA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeal of the assessee is allowed

271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1). Section 158BFA(2): (2) The Assessing Officer or the Commissioner (Appeals) in the course of any proceedings under this Chapter, may direct that a person shall pay by way of penalty a sum which shall not be less than the amount

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)

section 271(1)(c). 15 VISION JEWELLERS VS DCIT CIRCLE-1, JAIPUR In view of the above, penalty levied by the ld. AO deserves to be deleted as the same has been levied in a mechanical manner and without application of mind.’’ 5. On the other hand, the ld. DR supported the order of the ld. CIT(A). 6

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

250/-\n13\n1178/JP/2025\n2021-22\n19.06.2025\nLevy of penalty u/s 271E of the Act\nvide order dated 28.08.2023 for an\namount of Rs.6,99,87,788/-\nAgainst all these appeals of the revenue the assessee preferred\ncross\nobjections which were numbered as CO/39/JP/2025 to\nCO/46/JP/2025.\n2.\nAs agreed by the parties the lead case of revenue is considered in\nITA

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

250/-\n13\n1178/JP/2025\n2021-22\n19.06.2025\nLevy of penalty u/s 271E of the Act\nvide order dated 28.08.2023 for an\namount of Rs.6,99,87,788/-\nAgainst all these appeals of the revenue the assessee preferred\ncross objections which were numbered as CO/39/JP/2025 to\nCO/46/JP/2025.\n2.\nAs agreed by the parties the lead case of revenue is considered in\nITA

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

250\n6,99,87,788\nTotal\n66,06,14,144\n24,39,82,885\n2.\nImposition of penalty u/s 271D and 271E of abovementioned acceptance\nand repayment of alleged unsecured loans\n2.1\nIn the assessment order, though the loans were added in the income of\nthe assessee, considering the same as same as \"Unexplained Business receipts\nor unaccounted 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

250/-\n13\n1178/JP/2025\n2021-22\n19.06.2025\nLevy of penalty u/s 271E of the Act\nvide order dated 28.08.2023 for an\namount of Rs.6,99,87,788/-\nAgainst all these appeals of the revenue the assessee preferred\ncross\nobjections which were numbered as CO/39/JP/2025 to\nCO/46/JP/2025.\n2.\nAs agreed by the parties the lead case of revenue is considered in\nITA