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 275 (1)(c) of Income Tax Act, 1961.\n3\nThe AO assessed the alleged loan as Income so out of preview of section 269SS\nand 269T of the Act.\n4.\nDouble Penalty Not Permissible for Same Default as Ld. AO issued show cause\nnotice 274 r.w.s 271

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 275 (1)(c) of Income Tax Act, 1961.\n3\nThe AO assessed the alleged loan as Income so out of preview of section 269SS\nand 269T of the Act.\n4.\nDouble Penalty Not Permissible for Same Default as Ld. AO issued show cause\nnotice 274 r.w.s 271

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 275 (1)(c) of Income Tax Act, 1961.\n3\nThe AO assessed the alleged loan as Income so out of preview of section 269SS\nand 269T of the Act.\n4.\nDouble Penalty Not Permissible for Same Default as Ld. AO issued show cause\nnotice 274 r.w.s 271

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 275 (1)(c) of Income Tax Act, 1961.\n3\nThe AO assessed the alleged loan as Income so out of preview of section 269SS\nand 269T of the Act.\n4.\nDouble Penalty Not Permissible for Same Default as Ld. AO issued show cause\nnotice 274 r.w.s 271

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 appeals of the revenue stands dismissed, and the

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

u/s 275 (1)(c) of Income Tax Act, 1961. 3 The AO assessed the alleged loan as Income so out of preview of section 269SS and 269T of the Act. 4. Double Penalty Not Permissible for Same Default as Ld. AO issued show cause notice 274 r.w.s 271

DY. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. M/S GOKUL KRIPA COLONIZERS & DEVELOPERS PVT. LTD., JAIPUR

u/s 275 (1)(c) of Income Tax Act, 1961.\n3\nThe AO assessed the alleged loan as Income so out of preview of section 269SS\nand 269T of the Act.\n4.\nDouble Penalty Not Permissible for Same Default as Ld. AO issued show cause\nnotice 274 r.w.s 271

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 275 (1)(c) of Income Tax Act, 1961. 3 The AO assessed the alleged loan as Income so out of preview of section 269SS and 269T of the Act. 4. Double Penalty Not Permissible for Same Default as Ld. AO issued show cause notice 274 r.w.s 271

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 275 (1)(c) of Income Tax Act, 1961.\n3\nThe AO assessed the alleged loan as Income so out of preview of section 269SS\nand 269T of the Act.\n4.\nDouble Penalty Not Permissible for Same Default as Ld. AO issued show cause\nnotice 274 r.w.s 271

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.\nThe relevant 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 275 (1)(c) of Income Tax Act, 1961.\n3\nThe AO assessed the alleged loan as Income so out of preview of section 269SS\nand 269T of the Act.\n4.\nDouble Penalty Not Permissible for Same Default as Ld. AO issued show cause\nnotice 274 r.w.s 271

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

u/s 275(1)(c) of the Act. Hence, the same is hereby quashed. The\nadditional ground of appeal taken by the assessee is therefore, allowed.\n8. Since I have already quashed the penalty on the short ground of limitation, we do not\npropose to adjudicate the other grounds on merits.\nHon'ble Delhi High Court in the case of Principal

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

u/s 275(1)(c) of the Act. Hence, the same is hereby quashed. The\nadditional ground of appeal taken by the assessee is therefore, allowed.\n8. Since I have already quashed the penalty on the short ground of limitation, we do not\npropose to adjudicate the other grounds on merits.\nHon'ble Delhi High Court in the case of Principal

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

u/s 275(1)(c) of the Act. Hence, the same is hereby quashed. The\nadditional ground of appeal taken by the assessee is therefore, allowed.\n8. Since I have already quashed the penalty on the short ground of limitation, we do not\npropose to adjudicate the other grounds on merits.\nHon'ble Delhi High Court in the case of Principal

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

u/s 275(1)(c) of the Act. Hence, the same is hereby quashed. The\nadditional ground of appeal taken by the assessee is therefore, allowed.\n8.\nSince I have already quashed the penalty on the short ground of limitation, we do not\npropose to adjudicate the other grounds on merits.\nHon'ble Delhi High Court in the case of Principal

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

u/s 275(1)(c) of the Act. Hence, the same is hereby quashed. The\nadditional ground of appeal taken by the assessee is therefore, allowed.\n8. Since I have already quashed the penalty on the short ground of limitation, we do not\npropose to adjudicate the other grounds on merits.\nHon'ble Delhi High Court in the case of Principal

RUPESH TAMBI,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JAIPUR

In the result, the appeal of the assessee is Partly allowed

275 read with\nsection 271AAB of the I T Act you are liable for penalty on assessed undisclosed\nincome.\"\nThe Ld. A.O. now issued another show cause notice dated 12-02-2020 in which\npenalty proceedings has been initiated u/s 271AAB(1)(c).\nIt is submitted that said notices were issued in a routine manner without\nmentioning under which clause

DUBBI GRAM SEWA SAHKARI SAMITI LTD,DAUSA vs. ITO WD, DAUSA

In the result, the appeal of the assessee is allowed

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

275 ITR 113 (All) dissented from." 9.6 Easy Transcription & Software (P) Ltd. (2017) 185 TTJ 504 (Ahd) "Revision- Jurisdiction of CIT-Jurisdiction to direct AO to initiate penalty proceedings under s. 271(1)(c) It is not open to CIT to exercise the revisional powers to create a non- existent proceeding under s. 263by holding the assessment as erroneous