GHANSHYAM TAK,NAYA GHAR AJMER vs. DCIT CENTRAL CIRCLE AJMER, JAIPUR ROAD AJMER

In the result, appeal of the assessee is allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

u/s 271AA(1A) of the Income Tax Act can be levied. While enacting Section 271AAB, the Legislature has consciously used the word ‘may’ in place of word ‘shall’ in the opening lines of Section 271AAB of the Act. The choice of the expression ‘may’ and not ‘shall’ in the opening Section of 271AAB shows that the Legislature did not intend

RAMESH CHAND BANSAL,BEAWAR vs. DCIT, AJMER

In the result, the appeals of the assessee are allowed

section 274 – seeking to impose penalty u/s 271 (1)(c) – contents of the notice – requirements of. Assessee is a trust and running a school – income of assessee is exempt u/s 10(23C)(iiiad) – Search was conducted in the group case of assessee – notice issued u/s 153C – returned file in response thereto – assessment completed u/s 153A on the returned loss – assessment

NARAYAN HEIGHTS & TOWERS,JAIPUR vs. ITO, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: The Hearing Of Appeal.”

u/s 274 of the Act should specifically state as to whether penalty is being proposed for concealment of particulars of income or inaccurate particulars of income. In the present case notice under section 274 dated 25/3/2015 enclosed at paper book page 16 reads as under: “Penalty Notice Under Section 274, Read with Section 271

R P WOOD PRODUCTS PRIVATE LIMITED,AJMER vs. DCIT CENTRAL CIRCLE AJMER, JAIPUR ROAD AJMER

In the result, appeal of the assessee is allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

u/s 271AA(1A) of the Income Tax Act can be levied. While enacting Section 271AAB, the Legislature has consciously used the word ‘may’ in place of word ‘shall’ in the opening lines of Section 271AAB of the Act. The choice of the expression ‘may’ and not ‘shall’ in the opening Section of 271AAB shows that the Legislature did not intend

R P WOOD PRODUCTS PVT LTD ,NAYA BAZAR AJMER vs. DCIT CENTRAL CIRCLE AJMER, JAIPUR ROAD AJMER

In the result, appeal of the assessee is partly allowed and the appeal of the Revenue is dismissed

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

u/s 271AA(1A) of the Income Tax Act can be levied. While enacting Section 271AAB, the Legislature has consciously used the word ‘may’ in place of word ‘shall’ in the opening lines of Section 271AAB of the Act. The choice of the expression ‘may’ and not ‘shall’ in the opening Section of 271AAB shows that the Legislature did not intend

SHRI NIKHIL MADAN,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeal of the assessee is allowed

u/s 274 of the Act should specifically state the grounds mentioned in section 271AAB while in the notice issued the grounds mentioned in the notice are both the limbs of section 271(1)(c) under which section no penalty is exigible on assessee as his returned income have been accepted in assessment and there is no addition

KOSHAL KISHOR SHARMA,JAIPUR vs. DCIT(INTL. TAX), JAIPUR, JAIPUR

In the result, appeals of the assessee are allowed

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

Penalty of Rs.18,55,307/- u/s 271(1)(c) FACTS: 1. The brieffacts of the case as stated by our client are that the applicant assessee is an NRI residing in Japan from last 25 years and having his own business at Japan and not filed his ROI for the A.Y. 2015-16 being no taxable income in India originally

KOSHAL KISHOR SHARMA,JAIPUR vs. DCIT(INTL. TAX.) JAIPUR, JAIPUR

In the result, appeals of the assessee are allowed

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

Penalty of Rs.18,55,307/- u/s 271(1)(c) FACTS: 1. The brieffacts of the case as stated by our client are that the applicant assessee is an NRI residing in Japan from last 25 years and having his own business at Japan and not filed his ROI for the A.Y. 2015-16 being no taxable income in India originally

SUBHASH SHARMA,JAIPUR vs. DCIT, CIRCLE-6, JAIPUR

In the result, appeal of the assessee is allowed

Bench: Us.

u/s 139(1) declaring total income of Rs. 1,07,53,630/- which included Long Term Capital Gain of Rs. 94,72,909/- earned on sale of agricultural land which was jointly held in 2 Shri Subhash Sharma, Jaipur. equal share with his brother Sunil Sharma. After processing the return, the AO issued notice under section 148. In the order

KAILASH PARASHAR,PUSHKAR,AJMER vs. INCOME TAX OFFICER WARD 1(3), AJMER

In the result, the appeal of the assessee is allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

Section 271(1)(c) is the sine qua non for initiation of proceedings and the penalty proceedings should be confined only co those grounds specifically stated in the notice. As recorded hereinabove, the Assessing Officer had issued notice only with regard to furnishing in accurate particulars. Whereas the satisfaction recorded is with regard to concealment of income particulars

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

DCIT, JAIPUR vs. JAIPUR RUGS COMPANY (P) LTD., JAIPUR

In the result, the appeal filed by the assessee is partly allowed and appeal filed by the Revenue stands dismissed

u/s 274 read with section 271 dated 18.02.2015 was issued to the assessee company. It is therefore a case where not only that income has been finally determined by the AO computed, the tax payable thereon has also been computed and demand entries are made on the basis of this order in the D&CR register and even penalty proceedings

M/S. JHANDEWALA FOODS LIMITED 35, JOHARI BAZAR, JAIPUR,JAIPUR vs. ACIT CIRCLE-1, JAIPUR, CIRCLE-1, JAIPUR

In the result, the ground no

u/s 274 read with section 271 dated 18.02.2015 was issued to the assessee company. It is therefore a case where not only that income has been finally determined by the AO computed, the tax payable thereon has also been computed and demand entries are made on the basis of this order in the D&CR register and even penalty proceedings

M/S CENTURY INFRA POWER P. LTD.,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR

In the result, appeal of the assessee is allowed

u/s 274 read with section 271 dated 18.02.2015 was issued to the assessee company. It is therefore a case where not only that income has been finally determined by the AO computed, the tax payable thereon has also been computed and demand entries are made on the basis of this order in the D&CR register and even penalty proceedings

INCOME TAX OFFICER, WARD-1(4), JAIPUR, STATUE CIRCLE, JAIPUR vs. CHAMBOO GUPTA, SHASTRI NAGAR, JAIPUR

In the result, the appeal filed by the Revenue is dismissed

271(1)(c) for concealing the particulars of come are being a separately.’’ 3.3 The assessment was completed at the return of income without making any addition, On the very same facts the second assessing officer proceeded to reopen the assessment and not only brushed aside the objections raised by the assessee but also completed the case under section