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.

271(1)(c). However, so far as the penalty levied by the AO in respect of the additions made to the total income of the assessee, this Tribunal in the quantum appeal vide order dated 30th July, 2018 has either deleted the said addition made by the AO or set aside the same to the record

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.

271(1)(c). However, so far as the penalty levied by the AO in respect of the additions made to the total income of the assessee, this Tribunal in the quantum appeal vide order dated 30th July, 2018 has either deleted the said addition made by the AO or set aside the same to the record

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.

271(1)(c). However, so far as the penalty levied by the AO in respect of the additions made to the total income of the assessee, this Tribunal in the quantum appeal vide order dated 30th July, 2018 has either deleted the said addition made by the AO or set aside the same to the record

RAMESH CHAND BANSAL,BEAWAR vs. DCIT, AJMER

In the result, the appeals of the assessee are allowed

271(1)(c) of the Act, the return that has to be looked at is the one filed under Section 153A. In fact, the second proviso to Section 153A(1) provides that “assessment or reassessment

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

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

271(1)(c) of the Act, the return that\nhas to be looked at is the one filed under Section 153A. In fact, the second proviso\nto Section 153A(1) provides that “assessment or reassessment

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

section 271, w.r.e.f. 1.4.1989, which runs as under: — 'Where any amount is added or disallowed in computing the total income or loss of an assessee in any order of assessment or reassessment

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

section 271, w.r.e.f. 1.4.1989, which runs as under: — 'Where any amount is added or disallowed in computing the total income or loss of an assessee in any order of assessment or reassessment

NARAYAN HEIGHTS & TOWERS,JAIPUR vs. ITO, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: The Hearing Of Appeal.”

reassessment cannot be declared as invalid in the penalty proceedings.” In the light of the above judgment we are unable to affirm the action of the authorities below. As the initiation of penalty under section 271

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

reassessment proceedings. The provision of Section 153A, 153B and 153C are a complete code for assessment wherein search and seizure has been initiated after May 31, 2003. Thus, there is complete detachment of assessment proceedings under section 143 or 147 from search proceeding under section 153A of the Act. For the purpose of imposition of penalty under section 271

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.

reassessment cannot be declared as invalid in the penalty proceedings.” 8. We are not required to consider the other contingencies for examination of legality and validity of the penalty under Section 271

ZAKI AHMED FAROOQUI,JAIPUR vs. DCIT, JAIPUR

In the result, appeals of the assessee are partly allowed

Bench: Or At The Time Of Hearing.

Section 271(l)(c) when it is a sine qua non for initiation or proceedings, the penalty proceedings should be confined only to those grounds and the said grounds have to be specifically stated so that the assessee would have the opportunity to meet those grounds. After, he places his version and tries to substantiate his claim

DHANRAJ SETHIA,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE-1

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

Bench: Hon’ble SHRI SANDEEP GOSAIN (Judicial Member)

reassessment cannot be declared as invalid in the penalty proceedings.” 8. We are not required to consider the other contingencies for examination of legality and validity of the penalty under Section 271

M/S N N JEWELLERS,JAIPUR vs. INCOME TAX OFFICER, WARD-2-1, JAIPUR

In the result, all the appeals filed by the assessee are allowed in

Section 271 are mentioned would not satisfy requirement of law. ITA 63 to 68/JP/2019 5 M/s N N Jewellers Vs ITO r) The assessee should know the grounds which he has to meet specifically. Otherwise, principles of natural justice is offended. On the basis of such proceedings, no penalty could be imposed to the assessee. s) Taking up of penalty

M/S N N JEWELLERS,JAIPUR vs. INCOME TAX OFFICER, WARD-2-1, JAIPUR

In the result, all the appeals filed by the assessee are allowed in

Section 271 are mentioned would not satisfy requirement of law. ITA 63 to 68/JP/2019 5 M/s N N Jewellers Vs ITO r) The assessee should know the grounds which he has to meet specifically. Otherwise, principles of natural justice is offended. On the basis of such proceedings, no penalty could be imposed to the assessee. s) Taking up of penalty

AJOY SHARMA,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

Section 148 was issued for reassessment - Assessee filed a fresh\nreturn and paid differential tax and interest - Assessment was completed with no\naddition to disclosed income - However, Revenue imposed a penalty under\nSection 271

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

Section 148 was issued for reassessment - Assessee filed a fresh\nreturn and paid differential tax and interest - Assessment was completed with no\naddition to disclosed income - However, Revenue imposed a penalty under\nSection 271

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

Section 148 was issued for reassessment - Assessee filed a fresh\nreturn and paid differential tax and interest - Assessment was completed with no\naddition to disclosed income - However, Revenue imposed a penalty under\nSection 271

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

Section 148 was issued for reassessment - Assessee filed a fresh\nreturn and paid differential tax and interest - Assessment was completed with no\naddition to disclosed income - However, Revenue imposed a penalty under\nSection 271