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

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

SHANKAR JHALANI,JAIPUR vs. ITO, JAIPUR

In the result, appeal of the assessee is dismissed

Bench: The Itat By Taking Following

271(1)(b) of the Act on 15.10.2013 for non compliance of notice issued u/s 142(1 )/143(2) of the Act. Another, penalty under Section 272A(1)(c) was imposed by the JCIT, Range for non compliance of summon issued under section 131 of the IT Act. It is also noted from the remand report of the AO that

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

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

SHRI ASHOK DHARENDRA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Rathod Kamlesh Jayantbhai, Am Vk;Dj Vihy La-@Ita No. 256/Jp/2018 Fu/Kzkj.K O"Kz@Assessment Year :2015-16 Shri Ashok Dharendra, Cuke D.C.I.T. 23, Shivraj Niketan Scheme, Vs. Central Circle-3, Gautam Marg, Nr Vaishali Jaipur. Nagar Circle, Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aavpd 6554 B Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Manish Agarwal (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri S. Najmi (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 02/02/2022 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 12 /04/2022 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld. Cit(A)- 4, Jaipur Dated 01/12/2017 For The A.Y. 2015-16 In The Matter Of Order Passed U/S 143(3) Read With Section 153B(1)(B) Of The Income Tax Act, 1961 (In Short, The Act), Wherein Following Grounds Have Been Taken. “1. On The Facts & In The Circumstances Of The Case The Ld. Cit(A) Has Grossly Erred In Confirming The Addition Of Rs. 1,50,00,000/- Made In The Assessment Completed U/S 143(3) R.W.S. 153B(1)(B) Solely On The Basis Of Statements Recorded During The Course Of Search Which Stood Retracted By The Assessee Through An Affidavit Filed. Thus, The Addition Made Solely On The Basis Of Such Retracted Statements Deserves To Be Deleted.

271 (i) CIT vs. Anupam Kapoor 299 ITR 179 (P&H) (ii) CIT vs. Dhiraj Lal Girdhari Lal 26 OTR 736 (iii) State Vs. Guljari Lal Tondon AIR 1979 (SC) 1382 (iv) J.A. Naidu vs. State of Maharastra SC 1537 (v) Krishnand vs. State of Mandharsinghji P. Jadera (2005) 281 ITR 0019 AIR 1977 SC 796 (vi) Dhakeshwari Cotton Mills