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312 results for “penalty u/s 271”+ Section 45(5)clear

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Key Topics

Section 271A158Section 271(1)(c)76Addition to Income70Section 143(3)65Penalty46Section 153A35Section 14729Search & Seizure28Section 148

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

ITA 310/JPR/2025[2014-15]Status: DisposedITAT Jaipur06 Aug 2025AY 2014-15

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

For Appellant: Shri P.C. Parwal, CAFor Respondent: Mrs. Anita Rinesh, JCIT-DR
Section 143(3)Section 14ASection 271(1)Section 271(1)(c)Section 274Section 80

45,844/- u/s 271(1)(c) of I.T. Act It has further erred in confirming the levy of penalty even on addition for which no penalty proceedings was initiated by AO. ITA No. 310/JP/2025 – A.Y. 2014-15 ‘’1. The ld. CIT(A) has erred on facts and in law in not deciding the legal ground of assessee that the order

Showing 1–20 of 312 · Page 1 of 16

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26
Section 6826
Section 132(4)24
Undisclosed Income18

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

ITA 309/JPR/2025[2013-14]Status: DisposedITAT Jaipur06 Aug 2025AY 2013-14
For Appellant: Shri P.C. Parwal, CAFor Respondent: Mrs. Anita Rinesh, JCIT-DR
Section 143(3)Section 14ASection 271(1)(c)Section 274Section 80

45,844/- u/s 271(1)(c) of I.T. Act. It\nhas further erred in confirming the levy of penalty even on\naddition for which no penalty proceedings was initiated by AO.\n\nITA No. 310/JP/2025 – A.Y. 2014-15\n\n''1. The ld. CIT(A) has erred on facts and in law in not\ndeciding the legal ground of assessee

RAJ KUMAR JAIN,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE – 2, JAIPUR, JAIPUR

In the result, appeal of the assessee is allowed

ITA 323/JPR/2022[2014-15]Status: DisposedITAT Jaipur08 Dec 2022AY 2014-15
For Appellant: Shri S.L. Poddar (Advocate)For Respondent: Shri P.R. Meena (CIT)
Section 132Section 132(4)Section 133ASection 139(1)Section 143(3)Section 153B(1)(b)Section 271Section 271ASection 271aSection 274

271(1)(c) 35 Shri Raj Kumar Jain, Jaipur. that the income was surrendered on the basis of some documents on which the name of some persons and some amount is mentioned. The Learned Assessing Officer has not made any enquiry regarding those documents whether the person the name of which mentioned is an existing person or the amount mentioned

DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR vs. SHRI KAMAL SETHIA, JAIPUR

In the result, both the appeals filed by the Revenue are dismissed

ITA 1498/JPR/2018[2014-15]Status: DisposedITAT Jaipur07 Jun 2019AY 2014-15
For Appellant: Shri Anil Goyal (CA)For Respondent: Shri B. K. Gupta (CIT) fu/kZkfjrh dh vksj ls@
Section 132(1)Section 132(4)Section 139(1)Section 139(5)Section 143(3)Section 153ASection 271(1)(c)

section 271(1)(c), is the basis of such statements and whether there are any tangible material by way of any entry in books of accounts, documents or transactions which have been found during the course of search and which support and corroborates such statements. 41. In the assessee’s statement recorded u/s 132(4) on 19.12.2014, in question

VAIBHAV GLOBAL LIMITED,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-5, JAIPUR

In the result, the penalty is directed to be deleted and appeal of the assessee is allowed

ITA 731/JPR/2018[2010-11]Status: DisposedITAT Jaipur19 Dec 2018AY 2010-11
For Appellant: Shri Vijay Mehta (C.A.) &For Respondent: Smt. Roli Agarwal (CIT)
Section 143(3)Section 271(1)(c)Section 92C

u/s 271(1)(c) of the Act. Ex consequenti, the impugned order is set aside and the penalty is deleted.” Vaibhav Global Ltd. vs. ACIT 44. In the present case, the assessee has disclosed all material facts and provided requisite information in Form 3CEB disclosing the international transactions relating to advancing loans to its AEs and has submitted detailed transfer

VAIBHAV GLOBAL LIMITED,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-5, JAIPUR

In the result, the penalty is directed to be deleted and appeal of the assessee is allowed

ITA 730/JPR/2018[2009-10]Status: DisposedITAT Jaipur19 Dec 2018AY 2009-10
For Appellant: Shri Vijay Mehta (C.A.) &For Respondent: Smt. Roli Agarwal (CIT)
Section 143(3)Section 271(1)(c)Section 92C

u/s 271(1)(c) of the Act. Ex consequenti, the impugned order is set aside and the penalty is deleted.” Vaibhav Global Ltd. vs. ACIT 44. In the present case, the assessee has disclosed all material facts and provided requisite information in Form 3CEB disclosing the international transactions relating to advancing loans to its AEs and has submitted detailed transfer

SMT. SHIPRA JAIN,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, JAIPUR

In the result, the penalty so levied u/s 271(1)(c) is hereby deleted and appeals are allowed

ITA 922/JPR/2018[2009-10]Status: DisposedITAT Jaipur31 Oct 2018AY 2009-10
For Appellant: Shri P. C. Parwal (CA)For Respondent: Shri J. C. Kulhari (JCIT)
Section 132Section 132(4)Section 153ASection 271(1)(c)

section 271(1)(c) of the Act. All these appeals were heard together and are being disposed off by this consolidated order. 2. The grounds of appeal taken are as under:- ITA. No. 922/JP/2018 for AY 2009-10 “(1) Under the facts and circumstances of the case, order passed u/s 271(1)(c) is illegal

RAMESH CHAND BANSAL,BEAWAR vs. DCIT, AJMER

In the result, the appeals of the assessee are allowed

ITA 398/JPR/2015[2007-08]Status: DisposedITAT Jaipur19 Jun 2018AY 2007-08
For Appellant: Shri Mahendra Gargieya, AdvocateFor Respondent: Smt. Seema Meena, JCIT - DR
Section 132(4)Section 133ASection 139Section 153ASection 271(1)Section 271(1)(c)Section 274

5, it is stated that: “x x x x The penalty proceedings u/s 271(1)(c) are separately initiated on this issue.” Further, in the impugned penalty orders for all the years again the position is not better than what was in the assessment orders in as much as on the last page of all the penalty orders

NARAYAN HEIGHTS & TOWERS,JAIPUR vs. ITO, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 1033/JPR/2016[2012-13]Status: DisposedITAT Jaipur20 Feb 2017AY 2012-13

Bench: The Hearing Of Appeal.”

For Appellant: Vijay Goyal (CA)For Respondent: Shri R.A. Verma (Addl. CIT)
Section 143(3)Section 271Section 271(1)(c)Section 274

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 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

ITA 302/JPR/2023[2018-19]Status: DisposedITAT Jaipur11 Jul 2023AY 2018-19

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

For Appellant: Shri C. M Agarwal (C.A.)For Respondent: Sh. Shailendra Sharma (CIT) a
Section 132Section 153ASection 271ASection 274

section 271AAB is not satisfied. Apart from the fact that these transactions were duly recorded in the books of account, the assessee has also produced relevant documents, the details of which are as under :— (A) IN RELATION TO SHARES PURCHASE : Summary of shares purchased during the FY 2012-13 (page No. 87 of paper book) Copy of share allotment Advice

M/S. RAMBHOJO'S,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

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

ITA 991/JPR/2017[2014-15]Status: DisposedITAT Jaipur11 Jan 2019AY 2014-15
For Appellant: Shri Vijay Goyal (C.A.)For Respondent: Shri J.C. Kulhari (JCIT)
Section 119Section 132Section 132(1)Section 132(4)Section 139(1)Section 143(3)Section 2Section 271A

5. We have heard both the parties, perused the materials available on record and gone through the orders of the authorities below. During the appeal hearing, the Ld. A.R. vehemently argued that the A.O. has levied the penalty under the impression that the levy of penalty in the case of admission of income u/s 132(4) is mandatory

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

ITA 1167/JPR/2025[2017-18]Status: DisposedITAT Jaipur13 Nov 2025AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Shri Vijay Goyal, CA &For Respondent: MS. Alka Gautam, CIT-DR
Section 271DSection 271E

45,95,550 6,49,33,920 5,03,38,369 1-30 21 M/s Gokul Kripa Colonisers & Developers Pvt. Ltd. 2016-17 27.04.2022 1,68,70,840 5

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

ITA 1170/JPR/2025[2019-20]Status: DisposedITAT Jaipur13 Nov 2025AY 2019-20

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Shri Vijay Goyal, CA &For Respondent: MS. Alka Gautam, CIT-DR
Section 271DSection 271E

45,95,550 6,49,33,920 5,03,38,369 1-30 21 M/s Gokul Kripa Colonisers & Developers Pvt. Ltd. 2016-17 27.04.2022 1,68,70,840 5

SHRI VASUDEV AGRAWAL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, KOTA

In the result, appeal of the assessee is allowed and the appeal of the revenue

ITA 1376/JPR/2018[2015-16]Status: DisposedITAT Jaipur22 Mar 2019AY 2015-16
For Appellant: Shri Vijay Goyal (CA) &For Respondent: Shri Varinder Mehta (CIT-DR)
Section 132(4)Section 139(1)Section 143(3)Section 153ASection 153BSection 251(2)Section 271A

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

SMT. APARNA AGRAWAL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, KOTA

In the result, appeal of the assessee is allowed and the appeal of the revenue

ITA 1378/JPR/2018[2015-16]Status: DisposedITAT Jaipur22 Mar 2019AY 2015-16
For Appellant: Shri Vijay Goyal (CA) &For Respondent: Shri Varinder Mehta (CIT-DR)
Section 132(4)Section 139(1)Section 143(3)Section 153ASection 153BSection 251(2)Section 271A

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

SHRI RAJENDRA AGRAWAL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX , KOTA

In the result, appeal of the assessee is allowed and the appeal of the revenue

ITA 1375/JPR/2018[2015-16]Status: DisposedITAT Jaipur22 Mar 2019AY 2015-16
For Appellant: Shri Vijay Goyal (CA) &For Respondent: Shri Varinder Mehta (CIT-DR)
Section 132(4)Section 139(1)Section 143(3)Section 153ASection 153BSection 251(2)Section 271A

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

SHRI AJAY AGARWAL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, KOTA

In the result, appeal of the assessee is allowed and the appeal of the revenue

ITA 1383/JPR/2018[2015-16]Status: DisposedITAT Jaipur22 Mar 2019AY 2015-16
For Appellant: Shri Vijay Goyal (CA) &For Respondent: Shri Varinder Mehta (CIT-DR)
Section 132(4)Section 139(1)Section 143(3)Section 153ASection 153BSection 251(2)Section 271A

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

SMT. INDIRA AGRAWAL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, KOTA

In the result, appeals of the assessee in ITA No

ITA 1384/JPR/2018[2015-16]Status: DisposedITAT Jaipur22 Mar 2019AY 2015-16
For Appellant: Shri Vijay Goyal (CA) &For Respondent: Shri Varinder Mehta (CIT-DR)
Section 139(1)Section 143(3)Section 153ASection 153BSection 271A

271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1). Section 158BFA(2): (2) The Assessing Officer or the Commissioner (Appeals) in the course of any proceedings under this Chapter, may direct that a person shall pay by way of penalty a sum which shall not be less than the amount

SMT. JYOTI AGARWAL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA

In the result, appeals of the assessee in ITA nos

ITA 1373/JPR/2018[2015-16]Status: DisposedITAT Jaipur22 Mar 2019AY 2015-16
For Appellant: Shri Vijay Goyal (CA) &For Respondent: Shri Varinder Mehta (CIT-DR)
Section 139(1)Section 143(3)Section 153ASection 153BSection 271A

271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1). Section 158BFA(2): (2) The Assessing Officer or the Commissioner (Appeals) in the course of any proceedings under this Chapter, may direct that a person shall pay by way of penalty a sum which shall not be less than the amount

SHRI RAM DAS SONKIA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeal of the assessee is allowed

ITA 295/JPR/2018[2015-16]Status: DisposedITAT Jaipur11 Apr 2019AY 2015-16
For Appellant: Shri S.R. Sharma (CA) &For Respondent: Shri Varinder Mehta (CIT)
Section 132(1)Section 132(4)Section 139(1)Section 143(3)Section 153B(1)(b)Section 271ASection 274

271 READ WITH SECTION 271AAB OF THE INCOME TAX ACT, 1961. Date : 15-05-2017. To, Name M/s./Shri/Smt. Ram Das Sonkia Address Pitaliyon Ka Chowk, Johari Bazar, Jaipur PAN AJTPS 9679 M Whereas in the course of assessment proceedings for the AY 2015-16 penalty proceedings were initiated u/s 274 and 275 read with the section u/s 271AAB