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 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. 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 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. 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 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. M/S GOKUL KRIPA COLONIZERS & DEVELOPERS PVT. LTD., JAIPUR

In the result the appeal of the revenue in ITA no

271(1)(c) to the assessee for the same addition.\n5.\nAssessee company was not right person to allege that it has taken cash loan\nand the same were taken by some other persons.\n6.\nComplete working was not given either assessment stage or penalty proceeding\nstage: -\n7.\nThe first onus is on department to show that the assessee company

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

271(1)(c) to the assessee for the same addition.\n5.\nAssessee company was not right person to allege that it has taken cash loan\nand the same were taken by some other persons.\n6.\nComplete working was not given either assessment stage or penalty proceeding\nstage: -\n7.\nThe first onus is on department to show that the assessee company

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 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. 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 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. 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 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. 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(1)(c) to the assessee for the same addition. 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 appeal of the revenue in ITA no

271(1)(c) to the assessee for the same addition.\n5.\nAssessee company was not right person to allege that it has taken cash loan\nand the same were taken by some other persons.\n6.\nComplete working was not given either assessment stage or penalty proceeding\nstage: -\n7.\nThe first onus is on department to show that the assessee company

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 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

271 (1) (c). In the case(s) Radha Mohan Maheshwari Vs.\nDCIT (ITA No. 773/JP/2013) Mohd. Sharif Khan Vs. DCIT (ITA No. 441/JP/2014)\nShankar Lal Khandelwal Vs. DCIT (ITA No. 878/JP/2013)Murari Lal Mittal (ITA\nNo. 334/JP/2015 order dated 9-11-2016 and Mridula Agarwal (ITA No.\n176/JP/2016) the Hon'ble Bench upheld the same view.\n(v)\nThe

KANHAIYALAL RAMESHWAR DAS,KOTA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR

271 (1) (c) cannot be imposed”.\nIn view of above facts of the case penalty order is not sustainable in law and\npenalty of Rs.4,04,481/- imposed by Ld. A.O. being wrong and bad in law which\ndeserves to be deleted.\nGround No. (3)\nThat the appellant craves permission to add to or amend to any of grounds

KANHAIYALAL RAMESHWAR DAS,KOTA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR

271 (1) (c) cannot be imposed”.\nIn view of above facts of the case penalty order is not sustainable in law and\npenalty of Rs.4,04,481/- imposed by Ld. A.O. being wrong and bad in law which\ndeserves to be deleted.\nGround No. (3)\nThat the appellant craves permission to add to or amend to any of grounds

ASSISTANT COMMISSIONER OF INCOME-TAX, JAIPUR vs. ROYAL JEWELLERS, JAIPUR

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

Section 271(1)(c), penalty is not leviable\nsince the assessee has paid the taxes thereon in the Return of Income filed u/s.\n139(1) of the Act. This view of our is supported by the Co-ordinate Benches of the\nTribunal in the case of CIT vs. Jupiter Distillery [2012] 23 taxmann.com 303\n(Ahmedabad - Trib

ASSISTANT COMMISSIONER OF INCOME TA , JAIPUR vs. SHRI NATH CORPORATION, JAIPUR

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

Section 271(1)(c), penalty is not leviable since the assessee has paid the taxes thereon in the Return of Income filed u/s.\n139(1) of the Act. This view of our is supported by the Co-ordinate Benches of the Tribunal in the case of CIT vs. Jupiter Distillery [2012] 23 taxmann.com 303 (Ahmedabad - Trib.) and in the case

ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR vs. JITENDRA KUMAR AGARWAL, JAIPUR

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

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

section 271(1)(c) and therefore, penalty u/s 271 (1) (c) is imposed on the concealed income for an amount of Rs. 1,34,14,976/-. 5

SHRI RAMCHAND LAXMANDAS BABANI,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकरअपीलसं./ ITA No. 192/JPR/2025 निर्धारणवर्ष / AssessmentYear : 2011-12 Shri Ramchand Laxmandas Babani P.No.2, Shiv Shankar Colony Janta Colony, Jaipur – 302 004 (Raj) बनाम Vs. The ITO Ward -6(4) Jaipur प्रत्यर्थी / Respondent स्थायीलेखा सं. / जीआईआरसं./PAN/GIR No.: ANYPB 6571 A अपीलार्थी / Appellant निर्धारिती की ओरसे/Assesseeby : Shri Mohit Balani, Advocate (Thru" V.C.) राजस्व की ओरसे /Revenue by: Shri Gautam Sin

5. Copy of reply of notice u/s 271(1)© filed by the appellant on 11- 8-11 04-2019 with Attachment – Demand Challan 6. Copy of order u/s 271(1)( c) on dated 25-06-2019 with copy of 12-20 computation of sheet of penalty on dated 25-06-2019 7. Copy of written submission filed by the assessee