MR. MANOJ KUMAR GOUR,JAIPUR vs. ITO, WD-4(3), JAIPUR

In the result, appeal of the assessee is partly allowed

Bench: HON’BLE SHRI SANDEEP GOSAIN (Judicial Member)

271A and no penalty can be imposed u/s 271B for violation of section 44AB requiring ITA Nos.6696 & 6645/Del/2014 audit of accounts. Similar view has been taken by the Hon'ble Allahabad High Court in CIT vs. Bisauli Tractors (2008) 299 ITR 219 (All). The Hon'ble Allahabad High Court reiterated the similar view in CIT and Anr. Vs. S.K. Gupta

DHANRAJ SETHIA,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE-1

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

Bench: Hon’ble SHRI SANDEEP GOSAIN (Judicial Member)

u/s 274 read with Section 271(1) of the Act dated 04-03-2014 and the same is reproduced as under:- 4 DHANRAJ SETHIA VS ACIT, CIRCLE-1, JAIPUR ‘’Penalty Notice Under Section 274 read with Section 271 of the Income Tax Act, 1961 Office of the Assistant Commissioner of Income – Tax, Circle-1, Jaipur PAN:ABUPS0573B Date

LOKESH KUMAR SHARMA,JAIPUR vs. ITO WD-4(2), JAIPUR

In the result, appeal of the assessee is allowed

Bench: The Date Of Hearing.

271A and no penalty can be imposed u/s 271B for violation of section 44AB requiring ITA Nos.6696 & 6645/Del/2014 audit of accounts. Similar view has been taken by the Hon'ble Allahabad High Court in CIT vs. Bisauli Tractors (2008) 299 ITR 219 (All). The Hon'ble Allahabad High Court reiterated the similar view in CIT and Anr. Vs. S.K. Gupta

UMA MANDAL,JAIPUR vs. THE INCOME TAX OFFICER, JAIPUR

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

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. Nos. 280 & 281/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2010-11 Uma Mandal 754, Lodho Ka Maohalla M. D. Road, Ward No. 34, Jaipur cuke Vs. Income Tax Officer, Ward-5(2), Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: APSPM 2419 L vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : None jktLo dh vksj ls@ Revenue by : Smt Monisha Choudhary (Addl. CIT) a lquokbZ dh rkjh[

271(1)(c), Uma Mandal vs. ITO wherein, the penalty is directly linked to the quantum of addition. The penalty under consideration is U/s 271A which is not directly linked to the addition made in the assessment order. The penalty is leviable irrespective of the addition made and if the assessee was required to maintain books of accounts u/s 44AA

UMA MANDAL ,JAIPUR (RAJASTHAN) vs. INCOME TAX OFFICER, JAIPUR (RAJASTHAN)

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

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. Nos. 280 & 281/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2010-11 Uma Mandal 754, Lodho Ka Maohalla M. D. Road, Ward No. 34, Jaipur cuke Vs. Income Tax Officer, Ward-5(2), Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: APSPM 2419 L vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : None jktLo dh vksj ls@ Revenue by : Smt Monisha Choudhary (Addl. CIT) a lquokbZ dh rkjh[

271(1)(c), Uma Mandal vs. ITO wherein, the penalty is directly linked to the quantum of addition. The penalty under consideration is U/s 271A which is not directly linked to the addition made in the assessment order. The penalty is leviable irrespective of the addition made and if the assessee was required to maintain books of accounts u/s 44AA

FARMAN KHAN,CHAKSU vs. INCOME-TAX OFFICER WARD 7(3), JAIPUR

In the result, the appeal of the assessee is allowed

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

271A, section 271AA, section 271B, section 271BA, section 271BB, section 271C, section 271CA, section 271D, section 271E, section 271F, section 271FA, section 271FAB, section 271FB, section 271G, section 271GA, section 271GB, section 271H, section 271-I, section 271J, clause (c) or clause (d) of sub-section (1) or sub-section (2) of section 272A, sub-section (1) of section 272AA

SHRI NEERAJ PUROHIT,JAIPUR vs. JOINT COMMISSIONER OF INCOME TAX, JAIPUR

In the result, the appeal of the assessee is allowed

271 , section 271A, [ section 271AA,] section 271B [, section 271BA ], [ section 271BB,] section 271C, [ section 271CA,] section 271D , section 271E, [ section 271F, [ section 271FA,] [ section 271FB ,] [ section 271G,]] clause (c) or clause (d ) of sub-section (1) or sub-section (2) 7 Shri Neeraj Purohit vs JCIT , Range-4, Jaipur of section 272A, sub-section (1) of section 272AA] or [ section

AMIT JAIN,KOTA, RAJASTHAN vs. CIRCLE (INTL TAX), JAIPUR, JAIPUR

The appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

271A, section 271AA, section 271B , section 271BA, section 271BB, section 271C, section 271CA, section 271D, section 271E, section 271F, section 271FA, 25[section 271FAA,] section 271FAB, section 271FB, section 271G, section 271GA, section 271GB, 26[section 271GC,]section 271H, section 271-I, section 271J, clause (c) or clause (d) of sub-section (1) or sub-section (2) of section 272A

MANPHOOL SINGH,JAIPUR vs. ITO WARD 6(2), JAIPUR

In the result, the appeal of the assessee is allowed

Bench: The Appeal Hearing.”

penalty provision in section 271A Income Tax Act for non maintenance of books of accounts as prescribed u/s 44AA of the Income Tax Act, which are as under: “Failure to keep, maintain or retain books of account, documents, etc. 271A. Without prejudice to the provisions of section 271

SMT. ROSHNI DEVI,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

In the result, the levy of penalty under section 271B is hereby deleted

Bench: Us.

section 271(1)(c) is hereby confirmed. 9. Regarding levy of penalty U/s 271A of the Act for non-maintenance

SMT. ROSHNI DEVI,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

In the result, the levy of penalty under section 271B is hereby deleted

Bench: Us.

section 271(1)(c) is hereby confirmed. 9. Regarding levy of penalty U/s 271A of the Act for non-maintenance

SMT. ROSHNI DEVI,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

In the result, the levy of penalty under section 271B is hereby deleted

Bench: Us.

section 271(1)(c) is hereby confirmed. 9. Regarding levy of penalty U/s 271A of the Act for non-maintenance

SHAHNAZ KHANAM,JHALAWAR vs. INCOME TAX OFFICER, JHALAWAR

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

271A and no penalty can be imposed u/s 271B for violation of section 44AB requiring ITA Nos.6696 & 6645/Del/2014 audit of accounts. Similar view has been taken by the Hon'ble Allahabad High Court in CIT vs. Bisauli Tractors (2008) 299 ITR 219 (All). The Hon'ble Aliahabad High Court reiterated the similar view in CIT and Anr. Vs. S.K. Gupta

SHRI SANJAY PARAKH,JODHPUR vs. INCOME TAX OFFICER, WARD-1, ALWAR

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

section 44AB of the Act and consequently, the penalty levied u/s 271A and 271B is hereby deleted and the orders of the lower authorities are set-aside. 10. Regarding levy of penalty U/s 271

SHRI SANJAY PARAKH,JODHPUR vs. INCOME TAX OFFICER, WARD-1, ALWAR

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

section 44AB of the Act and consequently, the penalty levied u/s 271A and 271B is hereby deleted and the orders of the lower authorities are set-aside. 10. Regarding levy of penalty U/s 271

SHRI SANJAY PARAKH,JODHPUR vs. INCOME TAX OFFICER, WARD-1, ALWAR

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

section 44AB of the Act and consequently, the penalty levied u/s 271A and 271B is hereby deleted and the orders of the lower authorities are set-aside. 10. Regarding levy of penalty U/s 271

RAMESH KUMAR,JHUNJHUNU vs. ITO WARD-1 JHUNJHUNU, JHUNJHUNU

In the result, all the appeals of the assessee are allowed

271A, section 271AA, section 271B, section 271BA, section\n271BB, section 271C, section 271CA, section 271D, section 271E, section 271F, section\n271FA, section 271FB,section 271G, clause (c) or clause (d) of sub-section (1) or sub-\nsection (2) of section 272A, sub-section (1) of section 272AA or section 272B or sub-\nsection (1) or sub-section (1A) of section

RAMESH KUMAR,JHUNJHUNU vs. ITO WARD-1, JHUNJHUNU, JHUNJHUNU

In the result, all the appeals of the assessee are allowed

271A, section 271AA, section 271B, section 271BA, section\n271BB, section 271C, section 271CA, section 271D, section 271E, section 271F, section\n271FA, section 271FB,section 271G, clause (c) or clause (d) of sub-section (1) or sub-\nsection (2) of section 272A, sub-section (1) of section 272AA or section 272B or sub-\nsection (1) or sub-section (1A) of section