M/S RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION LTD.,JAIPUR vs. DCIT, CIRCLE-6, JAIPUR, JAIPUR

In the result, both the appeals of the assessee are allowed as indicated hereinabove

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

40,42,000 + 37,19,337/-) and thus imposed penalty of Rs.26,38,078/-, being 100% of the amount of tax sought to be evaded. 5.3 In appeal before Ld. CIT(A), assessee filed detailed submission challenging the legality of order passed by AO u/s 271(1)(c) and also on merits. The Ld. CIT(A), however, without deciding

M/S RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORPORATION LTD.,JAIPUR vs. DCIT, CIRCLE-6, JAIPUR, JAIPUR

In the result, both the appeals of the assessee are allowed as indicated\nhereinabove

40,42,000 + 37,19,337/-) and thus imposed penalty of Rs.26,38,078/-, being 100%\nof the amount of tax sought to be evaded.\n\n5.3 In appeal before Ld. CIT(A), assessee filed detailed submission challenging\nthe legality of order passed by AO u/s 271(1)(c) and also on merits. The Ld.\nCIT(A), however, without deciding

DWARKA GEMS LIMITED ,JAIPUR vs. ASST. COMMISSIONER OF INCOME TAX , JAIPUR

In the result, the appeal of the assessee is allowed

40(a)(ia)\nhas been deleted. Further, tradition addition of Rs. 3,00,000 which is being\nconfirmed by ld. CIT(A) is solely on estimate basis and accordingly no penalty\nwas levied by ld. AO on this issue. However, ld AO in his penalty order dated\n25.03.2019 has levied penalty against disallowance of Rs. 15,672/- related to\ndeduction

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)

271 are mentioned would not satisfy the requirement of law ; The assessee should know the grounds which he has to meet specifically. Otherwise, the principles of natural justice are offended. On the basis of such proceedings, no penalty could be imposed on the assessee ; ) taking up of penalty proceedings on one limb and finding the assessee guilty of another limb

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)

271 are mentioned would not satisfy the requirement of law ; The assessee should know the grounds which he has to meet specifically. Otherwise, the principles of natural justice are offended. On the basis of such proceedings, no penalty could be imposed on the assessee ; ) taking up of penalty proceedings on one limb and finding the assessee guilty of another limb

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)

271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1) or sub-section (1A). (3) The provisions of sections 274 and 275 shall, as far as may be, apply in relation to the penalty referred to in this section. Explanation.—For the purposes of this section,— (a) "specified date" means

RAKESH KUMAR JAIN,JAIPUR vs. DCIT,CIRCLE-2, JAIPUR, JAIPUR

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

Bench: Or At The Time Of Hearing Of The Appeal & / Or Modify Any Of The Above Grounds.

40,000 as short-term capital gain. No appeal was preferred Therefore, that addition had become final. Thereafter, the Assessing Officer initiated the penalty proceedings under Section 271(1)(c) of the Income-tax Act, 1961, and levied the penalty of Rs 1,04,110. In appeal before the Commissioner ofIncome-tax (Appeals), the penalty amount was reduced

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)

40,80,050/- 3 1165/JP/2025 2016-17 19.06.2025 Levy of penalty u/s 271D of the Act vide order dated 28.08.2023 for an amount of Rs. 1,26,03,513/- 4 1166/JP/2025 2016-17 19.06.2025 Levy of penalty u/s 271E of the Act vide order dated 28.08.2023 for an amount of Rs. 1,13,34,587/- 5 1167/JP/2025

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)

40,80,050/- 3 1165/JP/2025 2016-17 19.06.2025 Levy of penalty u/s 271D of the Act vide order dated 28.08.2023 for an amount of Rs. 1,26,03,513/- 4 1166/JP/2025 2016-17 19.06.2025 Levy of penalty u/s 271E of the Act vide order dated 28.08.2023 for an amount of Rs. 1,13,34,587/- 5 1167/JP/2025

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

40,80,050/-\n3\n1165/JP/2025\n2016-17\n19.06.2025\nLevy of penalty u/s 271D of the Act\nvide order dated 28.08.2023 for an\namount of Rs.1,26,03,513/-\n4\n1166/JP/2025\n2016-17\n19.06.2025\nLevy of penalty u/s 271E of the Act\nvide order dated 28.08.2023 for an\namount of Rs.1,13,34,587/-\n5\n1167/JP/2025\n2017-18\n19.06.2025\nLevy

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

40,80,050/-\n3\n1165/JP/2025\n2016-17\n19.06.2025\nLevy of penalty u/s 271D of the Act\nvide order dated 28.08.2023 for an\namount of Rs.1,26,03,513/-\n4\n1166/JP/2025\n2016-17\n19.06.2025\nLevy of penalty u/s 271E of the Act\nvide order dated 28.08.2023 for an\namount of Rs.1,13,34,587/-\n5\n1167/JP/2025\n2017-18\n19.06.2025\nLevy

VISION JEWELLERS,JAIPUR vs. DCIT, CIRCLE-1, JAIPUR, JAIPUR

In the result the appeal of the assessee is allowed

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

u/s 271(1)(c), on the trading additions and commission payment sustained in the quantum proceedings of Rs. 4,42,953, worked out on estimate basis. 5 VISION JEWELLERS VS DCIT CIRCLE-1, JAIPUR 1.2. During the course of quantum proceedings, before the lower authorities, all the details of the purchases made by the assessee firm from the parties, alleged

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

40,80,050/-\n3\n1165/JP/2025\n2016-17\n19.06.2025\nLevy of penalty u/s 271D of the Act\nvide order dated 28.08.2023 for an\namount of Rs.1,26,03,513/-\n4\n1166/JP/2025\n2016-17\n19.06.2025\nLevy of penalty u/s 271E of the Act\nvide order dated 28.08.2023 for an\namount of Rs.1,13,34,587/-\n5\n1167/JP/2025\n2017-18\n19.06.2025\nLevy

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

40,80,050/-\n3\n1165/JP/2025\n2016-17\n19.06.2025\nLevy of penalty u/s 271D of the Act\nvide order dated 28.08.2023 for an\namount of Rs.1,26,03,513/-\n4\n1166/JP/2025\n2016-17\n19.06.2025\nLevy of penalty u/s 271E of the Act\nvide order dated 28.08.2023 for an\namount of Rs.1,13,34,587/-\n5\n1167/JP/2025\n2017-18\n19.06.2025\nLevy

POOJA UPADHYAY,JAIPUR vs. ITO WARD 5(1), JAIPUR, JAIPUR

In the result, appeal of the assessee is allowed

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

40,795/- u/s 271(1)(c). Hence this ground. Submissions: 1. Assessment and penalty - separate proceedings: It is pertinent to note that the AO has levied the penalty for concealment of income only & only on the basis of findings recorded by the AO in the assessment order. It is settled that assessment and penalty proceedings are separate and distinct from

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

40,80,050/-\n3\n1165/JP/2025\n2016-17\n19.06.2025\nLevy of penalty u/s 271D of the Act\nvide order dated 28.08.2023 for an\namount of Rs.1,26,03,513/-\n4\n1166/JP/2025\n2016-17\n19.06.2025\nLevy of penalty u/s 271E of the Act\nvide order dated 28.08.2023 for an\namount of Rs.1,13,34,587/-\n5\n1167/JP/2025\n2017-18\n19.06.2025\nLevy