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

6\nmonths from the date of reference sent by AO to Addl CIT for levy of penalty.\nwhichever is later means the penalty u/s 271D/271E cannot be levied after 31-\n03-2023.\n5.2.6 The words \"in which the proceedings, in the course of which action for\nimposition of penalty has been initiated, are completed\" used in section 275\nindicate

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

6\nmonths from the date of reference sent by AO to Addl CIT for levy of penalty.\nwhichever is later means the penalty u/s 271D/271E cannot be levied after 31-\n03-2023.\n5.2.6\nThe words \"in which the proceedings, in the course of which action for\nimposition of penalty has been initiated, are completed\" used in section 275\nindicate

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

iii)\nWhether on the facts and in circumstances of the case, the Ld.CIT(A) has\nerred in ignoring the decision of Hon'ble Kerla High Court in the case of\nGrihalaxmi Vision v Addl. Commissioner of Income Tax, Range-1, Kozhikode in\nITA No 83 & 86 of 2014 dated 08.07.2015, wherein it was held that limitation of\npenalty proceedings u/s

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)

6 months from the date of reference sent by AO to Addl CIT for levy of penalty. whichever is later means the penalty u/s 271D/271E cannot be levied after 31- 03-2023. 5.2.6 The words "in which the proceedings, in the course of which action for imposition of penalty has been initiated, are completed" used in section 275 indicate

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

6\nmonths from the date of reference sent by AO to Addl CIT for levy of penalty.\nwhichever is later means the penalty u/s 271D/271E cannot be levied after 31-\n03-2023.\n5.2.6 The words \"in which the proceedings, in the course of which action for\nimposition of penalty has been initiated, are completed\" used in section 275\nindicate

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

6\nmonths from the date of reference sent by AO to Addl CIT for levy of penalty.\nwhichever is later means the penalty u/s 271D/271E cannot be levied after 31-\n03-2023.\n5.2.6 The words \"in which the proceedings, in the course of which action for\nimposition of penalty has been initiated, are completed\" used in section 275\nindicate

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

6\nmonths from the date of reference sent by AO to Addl CIT for levy of penalty.\nwhichever is later means the penalty u/s 271D/271E cannot be levied after 31-\n03-2023.\n5.2.6\nThe words \"in which the proceedings, in the course of which action for\nimposition of penalty has been initiated, are completed\" used in section 275\nindicate

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

6\nmonths from the date of reference sent by AO to Addl CIT for levy of penalty.\nwhichever is later means the penalty u/s 271D/271E cannot be levied after 31-\n03-2023.\n5.2.6 The words \"in which the proceedings, in the course of which action for\nimposition of penalty has been initiated, are completed\" used in section 275\nindicate

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

6\nmonths from the date of reference sent by AO to Addl CIT for levy of penalty.\nwhichever is later means the penalty u/s 271D/271E cannot be levied after 31-\n03-2023.\n5.2.6 The words \"in which the proceedings, in the course of which action for\nimposition of penalty has been initiated, are completed\" used in section 275\nindicate

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

6\nmonths from the date of reference sent by AO to Addl CIT for levy of penalty.\nwhichever is later means the penalty u/s 271D/271E cannot be levied after 31-\n03-2023.\n5.2.6 The words \"in which the proceedings, in the course of which action for\nimposition of penalty has been initiated, are completed\" used in section 275\nindicate

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

6\nmonths from the date of reference sent by AO to Addl CIT for levy of penalty.\nwhichever is later means the penalty u/s 271D/271E cannot be levied after 31-\n03-2023.\n5.2.6\nThe words \"in which the proceedings, in the course of which action for\nimposition of penalty has been initiated, are completed\" used in section 275\nindicate

RUPESH TAMBI,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JAIPUR

In the result, the appeal of the assessee is Partly allowed

6\nSCC 329, this Court explained the terms \"concealment of income\" and \"furnishing\ninaccurate particulars\". The court went on to hold therein that in order to attract the\npenalty under Section 271(1)(c), mens rea was necessary, as according to the Court, the\nword \"inaccurate\" signified a deliberate act or omission on behalf of the assessee. It went

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

6 SCC 329, this court explained the terms\n"concealment of income" and "furnishing inaccurate particulars". The court went\non to hold therein that in order to attract the penalty under section 271(1)(c),\nmens rea was necessary, as according to the court, the word \"inaccurate\"\nsignified a deliberate act or omission on behalf of the assessee. It went

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)

section 275(1)(a). Hence the penalty order should have been passed before 31.10.2018 and therefore the penalty order dt.29.03.2019 passed by AO is clearly barred by limitation. 6. On merits it is submitted that the penalty has been imposed by the AO for concealment of income on two issues namely disallowance of CSR expenses and disallowance u/s

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

6\nmonths expire on 31.10.2018. It may be further noted that once the Hon'ble ITAT passes the\norder the limitation period has to be determined with reference to section 275(1)(a) and not\nwith the reference to the proviso to section 275(1)(a). Hence the penalty order should have\nbeen passed before 31.10.2018 and therefore the penalty

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.

271(1)(c) Assessing Officer alleged that assessee had concealed its income, orders imposing penalty were invalid and liable to be cancelled. [In favor of assessee] 8 RAKESH KUMAR JAIN VS DCIT, CIRCLE-2, JAIPUR 8 In view of the above facts and judicial decisions, the penalty imposed by the AO and confirmed by the CIT(A) may kindly

DIESH KUMAR GOYAL,KOTA vs. ITO, WARD-1(1), KOTA, KOTA

In the result, the appeal of the assessee is partly allowed

271(1)(c) cannot be levied on deemed income under section\n69.\n4.10 In view of the above facts and case laws, the penalty imposed by the AO and\nconfirmed by the Ld.CIT(A) may kindly be deleted.\n8.\nPer contra, ld. DR heavily relied on the contention so recorded in\nthe orders of the lower authorities and argued that

RAVI KUMAR RAWAT,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 2, JAIPUR

Appeals are allowed and impugned orders are set aside

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

u/s 271(1)(c) w.r.t. this sustained addition. The appellant has relied upon the judgement of honourable ITAT Jaipur bench in the cases of (i) Shri Alok Haldia v. ACIT (2019 (4) TMI 673-ITAT, Jaipur] dated 08.04.2019, () Deepak Dalela Vs ITO in ITA No. 1027/JP/2013 dated 22/12/2016 (iii) Ashok Kumar Gupta v ITO [2018 (6) TMI 69-ITAT Jaipur