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

penalty be sustained. The Id. DR vehemently submitted\nthat it is not a case of bonafide mistake or error on the part of the assessee.\nIt is a case of known facts to the assessee that there is an incorrect offering\nof the income by the assessee. The assessee only after issuance of the\nnotice u/s. 148 filed

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

u/s. 148 of the Act and thereafter the assessed income.\nIt is not legally possible that for making assessment the ROI filed u/s 148 is\nnot considered and is to be considered for imposition of penalty, whereas\nthe ROI filed earlier u/s 139 cannot. To support this view he relied upon the\nvarious decision cited in the written submission

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

u/s. 148 of the Act and thereafter the assessed income.\nIt is not legally possible that for making assessment the ROI filed u/s 148 is\nnot considered and is to be considered for imposition of penalty, whereas\nthe ROI filed earlier u/s 139 cannot. To support this view he relied upon the\nvarious decision cited in the written submission

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

u/s. 148 of the Act and thereafter the assessed income.\nIt is not legally possible that for making assessment the ROI filed u/s 148 is\nnot considered and is to be considered for imposition of penalty, whereas\nthe ROI filed earlier u/s 139 cannot. To support this view he relied upon the\nvarious decision cited in the written submission

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

u/s. 148 of the Act and thereafter the assessed income.\nIt is not legally possible that for making assessment the ROI filed u/s 148 is\nnot considered and is to be considered for imposition of penalty, whereas\nthe ROI filed earlier u/s 139 cannot. To support this view he relied upon the\nvarious decision cited in the written submission

DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. SH. ASHWANI GUPTA, JAIPUR

In the result, all the appeals of the revenue are dismissed

260A or section 261 or revision under section\n263 or section 264, where the relevant assessment or other order is the subject matter\nof an appeal or a revision under the said sections.\n(3) No order imposing or enhancing or reducing or cancelling penalty or dropping\nthe proceedings for the imposition of penalty under sub-section (2) shall

DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. SH. ASHWANI GUPTA, JAIPUR

In the result, all the appeals of the revenue are dismissed

260A or section 261 or revision under section\n263 or section 264, where the relevant assessment or other order is the subject matter\nof an appeal or a revision under the said sections.\n(3) No order imposing or enhancing or reducing or cancelling penalty or dropping\nthe proceedings for the imposition of penalty under sub-section (2) shall

DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. SH. ASHWANI GUPTA, JAIPUR

In the result, all the appeals of the revenue are dismissed

260A or section 261 or revision under section\n263 or section 264, where the relevant assessment or other order is the subject matter\nof an appeal or a revision under the said sections.\n(3) No order imposing or enhancing or reducing or cancelling penalty or dropping\nthe proceedings for the imposition of penalty under sub-section (2) shall

SH. ASHOK KUMAR PORWAL,JHALAWAR vs. JCIT, RANGE-1, KOTA, KOTA

In the result, appeal of the assessee is partly allowed

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

271 D is independent section where 1st limb of section in not applicable by the assessee and whereas second limb of section is applicable in 13 Sh. Ashok Kumar Porwal vs. JCIT assessee case in case penalty was initiated on 07.08.2019 and from the end of 1st Sept 2019. In the present case, whereas the penalty was initiated

DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. SH. ASHWANI GUPTA, JAIPUR

In the result, all the appeals of the revenue are dismissed

260A or section 261 or revision under section\n263 or section 264, where the relevant assessment or other order is the subject matter\nof an appeal or a revision under the said sections.\nNo order imposing or enhancing or reducing or cancelling penalty or dropping\nthe proceedings for the imposition of penalty under sub-section (2) shall be passed-\nunless

DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. ASHWANI GUPTA, JAIPUR

In the result, all the appeals of the revenue are dismissed

260A or section 261 or revision under section\n263 or section 264, where the relevant assessment or other order is the subject matter\nof an appeal or a revision under the said sections.\n(3) No order imposing or enhancing or reducing or cancelling penalty or dropping\nthe proceedings for the imposition of penalty under sub-section (2) shall

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

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

penalty\nwas passed by the ITO Wd. 4(1), Jaipur on 25.12.2016. The appellant\nhas e-filed the appeal against the order of AO u/s. 143(3) dated\n25.12.2016 vide Form No. 35 on 17.12.2018. It is seen that there is a\ndelay in filing of appeal. It has been filed beyond the period of 30 days\nas stipulated u/s

NASH FASHION (INDIA) LIMITED,JAIPUR vs. DCIT CIRCLE 1, JAIPUR

In the result, the appeal of the assessee is allowed in ITA no

penalty u/s 271(1)(c) of the Income\nTax Act, 1961 should not be made.\nFurther, a show cause notice u/s * 271(1)(c) of the Income Tax Act, 1961\nwas sent to the designated verification unit through speed post and the same\nwas delivered. In response to the notices, no reply was received from the\nassessee.\nEven after

NASH FASHION (INDIA) LIMITED,JAIPUR vs. DCIT CIRCLE -2, JAIPUR

In the result, the appeal of the assessee is allowed in ITA no

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

penalty u/s 271(1)(c) of the Income Tax Act, 1961 should not be made. Further, a show cause notice u / s * 271(1)(c) of the Income Tax Act, 1961 was sent to the designated verification unit through speed post and the same was delivered. In response to the notices, no reply was received from the assessee. Even after

ASSISTANT COMMISSIONER OF INCOME-TAX, JAIPUR vs. NASH FASHION(INDIA) LIMITED, JAIPUR

In the result, the appeal of the assessee is allowed in ITA no

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

penalty u/s 271(1)(c) of the Income Tax Act, 1961 should not be made. Further, a show cause notice u / s * 271(1)(c) of the Income Tax Act, 1961 was sent to the designated verification unit through speed post and the same was delivered. In response to the notices, no reply was received from the assessee. Even after

LOVELY PROMOTERS PRIVATE LIMITED,KOLKATA vs. ACIT, CENTRAL CIRCLE, AJMER, AJMER

In the result, the appeal filed by the assessee is allowed

Bench: him regarding non mentioning of Document Identification Number (DIN) in the body of the order u/s. 127 of the Act dated 08-09-2021 and various other technical pleas raised in grounds of appeal regarding validity of notice u/s. 148 of the Act, thereby appellate order passed by the CIT(A) is non-speaking order and deserves to be quashed. 4. On the facts and in circumstances of the case and in law, the AO erred in issuing notice u/s. 148 of the Act as it was a search related case u/s. 132 r/w

271(1)(c) of the Act. 10. The appellant craves leave to add or to amend the foregoing ground of appeal, if it becomes necessary to do so in the interest of justice.” (Ground wise submissions are as follows) After discussing the brief facts of the case and grounds of appeal, the appellant very humbly and respectfully begs to submit

DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-3, JAIPUR vs. KARNANI SOLVEX PRIVATE LIMITED, JAIPUR

In the result, the appeals of the revenue in ITA No

260A of the Act. The\nappeal had been admitted on two substantial questions relating to whether an\naddition of undisclosed income may be made on the basis of loose sheets found\nin the search, particularly when the assessee therein had accepted, in his sworn\nstatement, that the information contained in the sheets reflected his undisclosed\nincome. In that case