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2 results for “penalty u/s 271”+ Section 44Bclear

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Mumbai20Bangalore8Delhi4Kolkata3Chennai3Patna2Jaipur2Jodhpur1Cochin1Amritsar1

Key Topics

Section 271B9Section 44A4Section 1473Section 1483Penalty2

RAKESH KUMAR AGARWAL,JAIPUR vs. INCOME TAX OFFICER, WARD 4(4), JAIPUR, JAIPUR

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

ITA 330/JPR/2022[2012-2013]Status: DisposedITAT Jaipur06 Mar 2023AY 2012-2013

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

For Appellant: Shri Vishal Gupta (C.A.)For Respondent: Smt Monisha Choudhary (Addl. CIT) a
Section 133(6)Section 147Section 148Section 217BSection 271B

u/s 274 and the jurisdictional notice being vague, the consequent levy of penalty is illegal and deserves to be deleted in full. 8. In view of above facts and circumstances, the initiation of penalty proceeding is void ab initio. For this purpose, reliance may be placed on the decision of Jaipur Bench of ITAT in the case of Shri Subhash

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

U/s 139(1). Subsequent, filing of the audit report is not a compliance of the provisions of Section 44AB of the Act particularly when the assessee has not declared the turnover and income from liquor business. Further, the alleged audit report was not in existence on the date of filing the original return of income. Therefore, in the absence