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)

u/s 271D/E and also 37 M/s Gokul Kripa Colonisers & Developers Pvt. Ltd. held that the period of limitation reckoned from the date of assessment order. The relevant finding of Hon’ble High Court is reproduced hereunder: - 19. In the facts and circumstances noticed above, the Tribunal has held the penalty orders to be barred by time in terms of section

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

u/s 271D/E and also\nheld that the period of limitation reckoned from the date of assessment order. The\nrelevant finding of Hon'ble High Court is reproduced hereunder: -\n19. In the facts and circumstances noticed above, the Tribunal has held the penalty\norders to be barred by time in terms of section 275(1)(c).\n20. The revenue contends that

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

u/s 271D/E and also\nheld that the period of limitation reckoned from the date of assessment order. The\nrelevant finding of Hon'ble High Court is reproduced hereunder: -\n19. In the facts and circumstances noticed above, the Tribunal has held the penalty\norders to be barred by time in terms of section 275(1)(c).\n20. The revenue contends that

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

273 were the two original penalty\nprovisions, which require the penalty proceedings to be initiated during the course\nof relevant assessment proceedings or the other relevant proceedings, as the\ncase may be. The penalty proceedings could also be initiated during the appellate\nproceedings arising out of the relevant assessment proceedings. It is only where\nthe assessment proceedings are independent

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

penalty proceedings were initiated in terms of section 271 or\nsection 273 which were the principal provisions for imposing penalty under\nChapter XXI. Since the initiation of penalty proceedings was linked with\nassessment proceedings and the orders in such assessments were subject to\nappeal, the findings in such proceedings ordinarily became the foundation for\ninitiating proceedings for penalty and remained

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

penalty under section 275 as\noriginally enacted was directly linked with the completion of proceedings in the\ncourse of which the penalty proceedings were initiated in terms of section 271 or\nsection 273 which were the principal provisions for imposing penalty under\nChapter XXI. Since the initiation of penalty proceedings was linked with\nassessment proceedings and the orders in such

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

271 and 273 were the two original penalty\nprovisions, which require the penalty proceedings to be initiated during the course\nof relevant assessment proceedings or the other relevant proceedings, as the\ncase may be. The penalty proceedings could also be initiated during the appellate\nproceedings arising out of the relevant assessment proceedings. It is only where\nthe assessment proceedings

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

271 and 273 were the two original penalty\nprovisions, which require the penalty proceedings to be initiated during the course\nof relevant assessment proceedings or the other relevant proceedings, as the\ncase may be. The penalty proceedings could also be initiated during the appellate\nproceedings arising out of the relevant assessment proceedings. It is only where\nthe assessment proceedings

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

section 263, after the expiry of six months from the end of\nthe month in which such order of revision is passed;\n(c)\nin any other case, after the expiry of the financial year in which the\nproceedings, in the course of which action for the imposition of penalty has\nbeen initiated, are completed, or six months from

RAM KISHAN VERMA,KOTA vs. PCIT (CIRCLE), JAIPUR

In the result appeal of the assessee in the ITA No

u/s. 271(1)(c), but finally the notice is issued by the assessing officer as per his wisdom and for that the ld. PCIT cannot direct the AO. To drive home to this contention the ld. AR of the assessee relied upon the circular No. F.No.279/Misc./M- 116/2012-ITJ dated 26.04.2016 where in the board has categorically accepted that

MANOJ KUMAR SHARMA,JAIPUR vs. PCIT (CENTRAL), JAIPUR

In the result appeal of the assessee in the ITA No

u/s. 271(1)(c), but finally the notice is issued by the assessing officer as per his wisdom and for that the ld. PCIT cannot direct the AO. To drive home to this contention the ld. AR of the assessee relied upon the circular No. F.No.279/Misc./M- 116/2012-ITJ dated 26.04.2016 where in the board has categorically accepted that

RAM KISHAN VERMA,KOTA vs. PCIT (CENTRAL), JAIPUR

In the result appeal of the assessee in the ITA No

u/s. 271(1)(c), but finally the notice is issued by the assessing officer as per his wisdom and for that the ld. PCIT cannot direct the AO. To drive home to this contention the ld. AR of the assessee relied upon the circular No. F.No.279/Misc./M- 116/2012-ITJ dated 26.04.2016 where in the board has categorically accepted that

HARISH JAIN,JAIPUR vs. PCIT (CENTRAL), JAIPUR

In the result appeal of the assessee in the ITA No

u/s. 271(1)(c), but finally the notice is issued by the assessing officer as per his wisdom and for that the ld. PCIT cannot direct the AO. To drive home to this contention the ld. AR of the assessee relied upon the circular No. F.No.279/Misc./M- 116/2012-ITJ dated 26.04.2016 where in the board has categorically accepted that

HARISH JAIN,KOTA vs. PCIT (CENTRAL), JAIPUR

In the result appeal of the assessee in the ITA No

u/s. 271(1)(c), but finally the notice is issued by the assessing officer as per his wisdom and for that the ld. PCIT cannot direct the AO. To drive home to this contention the ld. AR of the assessee relied upon the circular No. F.No.279/Misc./M- 116/2012-ITJ dated 26.04.2016 where in the board has categorically accepted that

RAM KISHAN VERMA,KOTA vs. PCIT (CENTRAL), JAIPUR

In the result appeal of the assessee in the ITA No

u/s. 271(1)(c), but finally the notice is issued by the assessing officer as per his wisdom and for that the ld. PCIT cannot direct the AO. To drive home to this contention the ld. AR of the assessee relied upon the circular No. F.No.279/Misc./M- 116/2012-ITJ dated 26.04.2016 where in the board has categorically accepted that

RAM KISHAN VERMA,KOTA vs. PCIT (CENTRAL), JAIPUR

In the result appeal of the assessee in the ITA No

u/s. 271(1)(c), but finally the notice is issued by the assessing officer as per his wisdom and for that the ld. PCIT cannot direct the AO. To drive home to this contention the ld. AR of the assessee relied upon the circular No. F.No.279/Misc./M- 116/2012-ITJ dated 26.04.2016 where in the board has categorically accepted that

MANOJ KUMAR SHARMA,JAIPUR vs. PCIT(CENTRAL), JAIPUR

In the result appeal of the assessee in the ITA No

u/s. 271(1)(c), but finally the notice is issued by the assessing officer as per his wisdom and for that the ld. PCIT cannot direct the AO. To drive home to this contention the ld. AR of the assessee relied upon the circular No. F.No.279/Misc./M- 116/2012-ITJ dated 26.04.2016 where in the board has categorically accepted that

RAM KISHAN VERMA,KOTA vs. PCIT (CENTRAL), JAIPUR

In the result appeal of the assessee in the ITA No

u/s. 271(1)(c), but finally the notice is issued by the assessing officer as per his wisdom and for that the ld. PCIT cannot direct the AO. To drive home to this contention the ld. AR of the assessee relied upon the circular No. F.No.279/Misc./M- 116/2012-ITJ dated 26.04.2016 where in the board has categorically accepted that