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

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

5A to Section 271(1)(c), penalty is not leviable since the assessee has paid the taxes thereon in the Return of Income filed u/s

DCIT, CENTRAL CIRCLE-2, JAIPUR, CENTRAL CIRCLE-2 JAIPUR vs. SHRI PRAKASH CHAND SHARMA, C-42, GOKUL PATH VAISHALI NAGAR, JAIPUR, JAIPUR

In the result, appeals of the revenue are dismissed

Bench: Ao On The Charge Of Concealment Of Income.

penalty under clause (c) of sub-section (1) of this section, be deemed to have concealed the particulars of his income or furnished inaccurate particulars of such income.] 7. It is clear from plain reading of the explanation 5A to section 271(1)(c) that, the return of income envisaged in clause (a) of such explanation is return filed u/s

DCIT, CENTRAL CIRCLE-2, JAIPUR, CENTRAL CIRCLE-2 JAIPUR vs. SHRI PRAKASH CHAND SHARMA, C-42, GOKUL PATH VAISHALI NAGAR, JAIPUR, JAIPUR

In the result, appeals of the revenue are dismissed

Bench: Ao On The Charge Of Concealment Of Income.

penalty under clause (c) of sub-section (1) of this section, be deemed to have concealed the particulars of his income or furnished inaccurate particulars of such income.] 7. It is clear from plain reading of the explanation 5A to section 271(1)(c) that, the return of income envisaged in clause (a) of such explanation is return filed u/s

DCIT, CENTRAL CIRCLE-2, JAIPUR, CENTRAL CIRCLE-2 JAIPUR vs. SHRI PRAKASH CHAND SHARMA, C-42, GOKUL PATH VAISHALI NAGAR, JAIPUR, JAIPUR

In the result, appeals of the revenue are dismissed

Bench: Ao On The Charge Of Concealment Of Income.

penalty under clause (c) of sub-section (1) of this section, be deemed to have concealed the particulars of his income or furnished inaccurate particulars of such income.] 7. It is clear from plain reading of the explanation 5A to section 271(1)(c) that, the return of income envisaged in clause (a) of such explanation is return filed u/s

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

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

5A to section 271(1)(C) is not applicable as the assessment order is silent on disclosure being relatable to seized assets or incriminating transactions. DCIT, Jaipur vs. Sh. Kamal Sethia, Jaipur 2. That the order passed u/s 143(3) rws u/s 153A does not specify under which limb the penalty

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

5A to section 271(1)(c) is a deeming provision and subject to fulfilling the requisite conditions, it deems the assessee to have concealed the particulars of his income or furnished inaccurate particulars of such income similar to what has been provided in clause (c) to section 271(1) of the Act. In search cases as well, the legislature

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

5A to section 271(1)(c) is a deeming provision and subject to fulfilling the requisite conditions, it deems the assessee to have concealed the particulars of his income or furnished inaccurate particulars of such income similar to what has been provided in clause (c) to section 271(1) of the Act. In search cases as well, the legislature

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

u/s 271(1)(c). In view of above, penalty imposed by AO and confirmed by Ld. CIT(A) be deleted. 4. We have heard the rival contentions and perused the material available on record. The AO has invoked the deeming provisions of Explanation 5A to Section

RAMESH CHAND BANSAL,BEAWAR vs. DCIT, AJMER

In the result, the appeals of the assessee are allowed

penalty u/s 271(1)(c) invoking Expl. 5A. Accordingly, Show cause notice u/s 274 r/w section 271(1)(c) of the Act were

NARAYAN HEIGHTS & TOWERS,JAIPUR vs. ITO, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: The Hearing Of Appeal.”

U/s 271(1)(c) for imposing of penalty without specifying the limb for reasons to impose the penalty, whether it is for concealed particulars of income or furnished inaccurate particulars of income. The ld CIT(A) has considered all the aspect and held that Explanation 5A to Section

DEPUTY COMMISSIONER OF INCOME TAX, KOTA vs. SMT. MALTI AGARWAL, KOTA

In the result, appeal of the revenue is dismissed

section 271(1)(c) is not applicable. Accordingly, we delete the penalty confirmed by ld. CIT (A).” Thus, the Tribunal has held that the penalty U/s 271(1)(c) read with Explanation 5A

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

In the result, appeal of the revenue is dismissed

section 271(1)(c) is not applicable. Accordingly, we delete the penalty confirmed by ld. CIT (A).” 19 DCIT Vs Jyoti Agarwal Thus, the Tribunal has held that the penalty U/s 271(1)(c) read with Explanation 5A

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

In the result, appeal of the revenue is dismissed

section 271(1)(c) is not applicable. Accordingly, we delete the penalty confirmed by ld. CIT (A).” 19 DCIT Vs Indira Agarwal Thus, the Tribunal has held that the penalty U/s 271(1)(c) read with Explanation 5A

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

In the result, appeal of the revenue is dismissed

section 271(1)(c) is not applicable. Accordingly, we delete the penalty confirmed by ld. CIT (A).” Thus, the Tribunal has held that the penalty U/s 271(1)(c) read with Explanation 5A

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

In the result, appeal of the revenue is dismissed

section 271(1)(c) is not applicable. Accordingly, we delete the penalty confirmed by ld. CIT (A).” Thus, the Tribunal has held that the penalty U/s 271(1)(c) read with Explanation 5A

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

In the result, appeal of the revenue is dismissed

section 271(1)(c) is not applicable. Accordingly, we delete the penalty confirmed by ld. CIT (A).” Thus, the Tribunal has held that the penalty U/s 271(1)(c) read with Explanation 5A

RADHA GOVIND LASHKARI,JAIPUR vs. ACIT, JAIPUR

In the result, it cannot be said to be case of concealment of income and the penalty to this extent stand deleted

u/s 271(1)(c) of the Act. 4. Being aggrieved, the assessee carried the matter in appeal before ld CIT (A) against the said penalty order and filed written submission reproduced in appeal order of ld CIT(A). The Ld. CIT(A) relying on provisions of section 153A, Expl. 5A

KAILASH CHANDRA KABRA,BHILWARA vs. ACIT, AJMER

In the result, both appeals of the assessee are dismissed

u/s 271(1)(c) of the Act. 9. The ld. A/R of the assessee has submitted that once the assessee has declared this income in the revised return of income then the question of levying the penalty under section 271(1)(c) does not arise. He has further contended that when the Explanation 5A