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12 results for “penalty u/s 271”+ Section 272A(2)(e)clear

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Key Topics

Addition to Income9Section 271B7Section 285B7Penalty7Section 271F6Section 44A6Section 145(3)6Section 143(3)6Natural Justice

A.N. SCHOOL SHIKSHA SAMITI,SIKAR vs. JCIT-RANGE (EXEMPTION), JAIPUR

In the result, this appeal of the assessee is allowed

ITA 252/JPR/2020[2010-11]Status: DisposedITAT Jaipur24 May 2021AY 2010-11

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 252/Jp/2020 Fu/Kzkj.K O"Kz@Assessment Year :2010-11 A.N. School Shiksha Samiti, Cuke J.C.I.T.-Range Vs. Radha Swami Bag, (Exemption) Sikar-303702 Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aabaa 6164 F Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Shravan Kr Gupta (Adv) Jktlo Dh Vksj Ls@ Revenue By: Smt. Monisha Choudhary(Jcit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 25/03/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 24/05/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-3, Jaipur Dated 06/09/2019 For The A.Y. 2010-11 Wherein Following Grounds Have Been Taken. “1. The Impugned Penalty Order U/S 272A(2)(E) Dated 02/11/2018 As Well As Notices Are Bad In Law & On Facts Of The Case, For Want Of Jurisdiction & Various Other Reasons & Hence The Same May Kindly Be Quashed. 2. The Ld. Cit(A) Has Grossly Erred In Law As Well As On The Facts Of The Case In Confirming The Imposition Of Penalty Of Rs. 2,53,700/- U/S 272A(2)(E) Invoked By The Ld Jcit. The Penalty So Imposed & Confirmed By The Ld. Cit(A) Being Totally Contrary To The Provisions Of Law & Facts On The Record & Hence The Same May Kindly Be Deleted.

For Appellant: Shri Shravan Kr Gupta (Adv)For Respondent: Smt. Monisha Choudhary(JCIT)
Section 272A(2)(e)Section 272a(2)(e)
6
Section 142(1)5
Section 695
Deduction4
Section 5

section 139(4A) rws 139(1)—An attempt of deliberateness or deceptiveness is associated with the word 'failure'—ln the present case, there was no deliberateness or deceptiveness in not filing the return of income within the prescribed time limit—Assessee was under a bonafide belief that securing recognition u/s 80G would be a pre requisite for filing the return

JHALAWAR KENDRIYA SAHAKARI BNAK LTD,JHALAWAR vs. ADL/ADIT (I&CI), JAIPUR

In the result, appeal of the assessee is allowed

ITA 313/JPR/2022[2019-2020]Status: DisposedITAT Jaipur11 Jan 2023AY 2019-2020

Bench: The Date Of Hearing.

For Appellant: Shri Shrawan Kumar Gupta, AdvocateFor Respondent: Ms Monisha Choudhary (JCIT)
Section 271FSection 285B

271 days (01.06.2019 to 26.02.2020). Accordingly penalty levied u/s. 271FA of the I.T. Act, 1961 is calculated as under:- For 242 days (01.06.2019 to 28.01.2020) @ 500/- per day Rs.1,21,000/- For 29 days (29.01.2020 to 26.02.2020) @ 1000/- per day Rs. 29,000/- Total Rs. 1,50,000/- In first appeal the ld. CIT(A) confirmed the penalty by observing

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

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

ITA 169/JPR/2023[2012-13]Status: DisposedITAT Jaipur28 Jun 2023AY 2012-13

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

For Appellant: Shri Praveen Saraswat, CAFor Respondent: Mrs. Monisha Choudhary, Addl. CIT
Section 194ASection 194A(3)(iii)Section 271Section 271(1)Section 271(1)(c)Section 274Section 40

272A(1) Refused or failed to: (a) Answer questions. (b) Sig. Statements. (c) Attene to give evidence or produce books of accounts etc. in compliance with summons under section 131(1). (d) Apply for allotment of permanent account number in term sof Section 139A. You are hereby requested to appear before me on 21-03-2014 at Room

SILVER WINGS LIFE SPACES,KOTA vs. DCIT CIRCLE-1 KOTA, KOTA

In the result, the appeal of the assessee is allowed

ITA 511/JPR/2024[2017-18]Status: DisposedITAT Jaipur31 Jul 2024AY 2017-18

Bench: Learned Cit(A), Which Appeal Was Filed By The Assessee

For Appellant: Sh. Shrawan Kumar Gupta, AdvFor Respondent: Sh. A. S. Nehra(Addl. CIT)
Section 115BSection 143(3)Section 145(3)Section 234ASection 69

272A(1)(c) levied by AO is not in accordance with law therefore same is cancelled—Assessee’s appeal of allowed. • Hon'ble ITAT, Indore Bench in the case of ACIT v. Anoop Neema vide its order in ITA 05/Ind/2020 dated 06.01.2022 has held: 7. We have heard rival contentions and perused the records placed before us. Revenue’s sole

SHRI SOHAN NATH,AJMER vs. INCOME TAX OFFICER, AJMER

ITA 888/JPR/2017[2013-14]Status: DisposedITAT Jaipur06 Mar 2019AY 2013-14

Bench: The Date Of Hearing.”

For Appellant: Shri Mahendra Gargieya (Adv.)For Respondent: Smt. Roshanta Meena (JCIT)
Section 139(1)Section 142(1)Section 271BSection 273BSection 44A

e-filed its return of income, therefore, if the income from liquor business would have been declared in the original return of income then, as per the Income Tax Rules the audit report was also required to be annexed along with the return of income. However, the assessee did not disclose income from liquor business and consequently has also stated

SHANKAR JHALANI,JAIPUR vs. ITO, JAIPUR

In the result, appeal of the assessee is dismissed

ITA 1053/JPR/2016[2011-12]Status: DisposedITAT Jaipur19 Feb 2018AY 2011-12

Bench: The Itat By Taking Following

For Appellant: Shri P.C. Parwal (CA)For Respondent: Shri R.A. Verma (Addl.CIT)
Section 144Section 40

e-filed by the assessee on 30/09/2011 declaring total income of Rs. 1,96,910/-. The case was selected for scrutiny. The Assessing Officer has passed assessment order U/s 144 r.w.s 143(3) of the Income Tax Act, 1961 (in short the Act) and ITA 1053/JP/2016_ 2 Shankar Jhalani Vs. ITO assessed total income of the assessee

JAGDISH KUMAR ARORA,BHAWANIMANDI vs. DCIT, CENTRAL CIRCLE- KOTA, KOTA

In the result, the appeal of the assessee is allowed

ITA 1195/JPR/2024[2017-18]Status: DisposedITAT Jaipur11 Feb 2025AY 2017-18

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

For Appellant: Sh. Shrawan Kumar Gupta, AdvFor Respondent: Mrs. Anita Rinesh, JCIT-Sr. DR
Section 115BSection 143(3)Section 145(3)Section 234ASection 69

272A(1)(c) levied by AO is not in accordance with law therefore same is cancelled—Assessee’s appeal of allowed • Hon'ble ITAT, Indore Bench in the case of ACIT v. Anoop Neema vide its order in ITA 05/Ind/2020 dated 06.01.2022 has held: 7. We have heard rival contentions and perused the records placed before us. Revenue’s sole

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

Appeal is disposed of for statistical purposes

ITA 1226/JPR/2024[2017-18]Status: DisposedITAT Jaipur16 Dec 2024AY 2017-18

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

For Appellant: Sh. Ashok Kumar Gupta, Adv. &For Respondent: Mrs. Anita Rinesh, JCIT-Sr. DR
Section 115Section 142(1)Section 144Section 249(4)(b)Section 250Section 271Section 271FSection 272A(1)(d)Section 69A

2. Further, penalty proceedings u/s 271 AAC of the Act in respect of unexplained income is initiated. As discussed in the body of the Order, the assessee firm has failed to comply with the notices u/s 142(1) of the Act issued and served upon the assessee during the course of E-scrutiny proceedings, penalty u/s 272A

JEENKRIPA TOWNSHIP PRIVATE LIMITED,VAISHALI NAGAR vs. ITO WARD 1(1) JAIPUR, JAIPUR

In the result, the appeals of the assesseeis allowed for statistical purposes

ITA 325/JPR/2022[2017-18]Status: DisposedITAT Jaipur30 Nov 2022AY 2017-18
For Appellant: Shri Anoop Bhatiya (C.A.)&For Respondent: Shri A.S. Nehara (Addl.CIT)
Section 144Section 246A

271 AAC of the Act in respect of unexplained income is initiated. As discussed in the body of the order, the assessee company has failed to comply with the notices u/s 142(1) of the Act issued and served upon the assessee during the course of E-scrutiny proceedings, penalty u/s 272A(1)(d) of the Act is also initiated

GOVINDAM BRJ INFRA PROJECTS PRIVATE LIMITED,JAIPUR vs. ACIT/DCIT CIR-6,JPR, JAIPUR

The appeals of the assessee are allowed

ITA 1114/JPR/2025[2017-18]Status: DisposedITAT Jaipur15 Oct 2025AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

For Appellant: Shri Deepak Somani, C.AFor Respondent: Shri Gaurav Awasthi, JCIT
Section 143(3)Section 145(3)Section 234ASection 234BSection 250Section 270A(1)Section 271Section 44A

271 AAC. The penalty proceedings are premature and bad in law as the substantive additions are disputed and not sustainable. 4. On the facts and in the circumstances of the case and in law, the learned AO and erred in charging interest u/s 234B and 234D which are consequential in nature. The interest charges are not sustainable once the additions

SUNIL KUMAR NAYAK,JHUNJHUNU vs. CIRCLE (INTERNATIONAL TAXATION), JAIPUR

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

ITA 148/JPR/2024[2018-19]Status: DisposedITAT Jaipur25 Jun 2024AY 2018-19

Bench: Ld. Ao.

For Appellant: Sh. Anoop Bhatia, CAFor Respondent: Sh. Rajesh Kumar Meena, Addl. CIT
Section 142(1)Section 148Section 69

271(1)(c) as well as sec 271AAC of the act. 9. 4. On facts and in circumstances ld.AO has grossly erred in initiating penalty u/s 272A(1)(d) of the act. 10. 5. Appellant reserves the right to add/alter/ modify/ delete any or all ground of appeal.” 3. Succinctly, the fact as culled out from the records is that

GOVINDAM BRJ INFRA PROJECTS PRIVATE LIMITED,JAIPUR vs. ACIT/DCIT CIR-6,JPR, JAIPUR

The appeals of the assessee are allowed

ITA 1115/JPR/2025[2018-19]Status: DisposedITAT Jaipur15 Oct 2025AY 2018-19
For Appellant: Shri Deepak Somani, C.AFor Respondent: Shri Gaurav Awasthi, JCIT
Section 143(3)Section 145(3)Section 234ASection 234BSection 250Section 270A(1)Section 271Section 44A

271 AAC. The\npenalty proceedings are premature and bad in law as the substantive additions are\ndisputed and not sustainable.\n4. On the facts and in the circumstances of the case and in law, the learned AO and\nerred in charging interest u/s 234B and 234D which are consequential in nature. The\ninterest charges are not sustainable once the additions