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)

Section 275 was substituted by the Taxation Laws (Amendment) Act, 1970, which came into effect from 1-4-1971. The change was explained by the Board vide Circular No. 56, dated 19-3-1971. Significantly, it postulated that section 275 of the Income-tax Act which specified the time-limit for completion of penalty proceedings has been substituted

AMIT JAIN,KOTA, RAJASTHAN vs. CIRCLE (INTL TAX), JAIPUR, JAIPUR

The appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

reassessment u/s 148 and notices were issued. In response, the assessee submitted the reply. The details of the notices issued and replied by the assessee were as under: Date of notice Under Issued By Response due dates Reply submitted Section on 09.02.2023 ITO, Pune-13(2) 01.03.2023 22.02.2023 148A 29.03.2023 148 ITO, Pune-13(2) 14.04.2023 11.10.2023 142(1) Faceless

SH. MAHENDRA KUMAR GOYAL,SIKAR vs. ACIT, CENTRAL CIRCLE-3, JAIPUR, JAIPUR

In the result of the appeal of the assessee are disposed off as under

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

271E of the Act and make a reference to the Jt. Commissioner/Addl. Commissioner. In the result this ground of appeal is adjudicated in above terms and is hereby treated as dismissed. 6. Ground of Appeal No. 3 is as under: Ground No. 3: Assessee craves the right to add, alter or amend any of the grounds of appeal

SH. MAHENDRA KUMAR GOYAL,SIKAR vs. ACIT, CENTRAL CIRCLE-3, JAIPUR, JAIPUR

In the result of the appeal of the assessee are disposed off as under

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

271E of the Act and make a reference to the Jt. Commissioner/Addl. Commissioner. In the result this ground of appeal is adjudicated in above terms and is hereby treated as dismissed. 6. Ground of Appeal No. 3 is as under: Ground No. 3: Assessee craves the right to add, alter or amend any of the grounds of appeal

SH. MAHENDRA KUMAR GOYAL,SIKAR vs. ACIT, CENTRAL CIRCLE-3, JAIPUR, JAIPUR

In the result of the appeal of the assessee are disposed off as under

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, आंकड़ुठरधारी आइटीएए सं.र@ITA Nos.493, 495 to 498, 500/JP/2025 निर्धारण वर्ष@Assessment Years : 2014-15 to 2016-17, 2018-19 to 2020-21 Mahendra Kumar Goyal चुके Vs. ACIT/DCIT Ward No. 2, Shahpura Road Neem Ka Thana, Sikar Central Circle-03, Jaipur लेखा संख्याल्लेय सं.जीआइआर सं.पान@PAN/GIR No.: ACFPG0306G अपीलार्थी@Appellant प्रत्यार्थी@Respondent निर्धारीती की आर से@ Assessee by : Shri P. C. Parwal, CA राजस्व की आर से@ R

271E of the Act and make a reference to the Jt. Commissioner/Addl. Commissioner. In the result this ground of appeal is adjudicated in above terms and is hereby treated as dismissed. 6. Ground of Appeal No. 3 is as under: Ground No. 3: Assessee craves the right to add, alter or amend any of the grounds of appeal

SH. MAHENDRA KUMAR GOYAL,SIKAR vs. ACIT, CENTRAL CIRCLE-3, JAIPUR, JAIPUR

In the result of the appeal of the assessee are disposed off as under

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

271E of the Act and make a reference to the Jt. Commissioner/Addl. Commissioner. In the result this ground of appeal is adjudicated in above terms and is hereby treated as dismissed. 6. Ground of Appeal No. 3 is as under: Ground No. 3: Assessee craves the right to add, alter or amend any of the grounds of appeal

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)

271E Repaid any deposit specified in section 269T in contravention to its provisions. 5 DHANRAJ SETHIA VS ACIT, CIRCLE-1, JAIPUR 271F Failed to furnish return of income as required by section139 before the end of the relevant assessment year. 272A(1) Refused or failed to: (a) Answer questions. (b) Sig. Statements. (c) Attene to give evidence or produce books

MUKESH KUMAR AGARWAL,JAIPUR vs. I.T.O. WARD 1(2), JAIPUR

In the result, both the appeals of the assessee are allowed

271E of I.T. Act when the reassessment order whereby penalty initiated was not valid in the eye of law, more so when the AO treated the cash deposits in bank as assessee’s own unexplained money under section

ISYS SOFTECH PRIVATE LIMITED,JAIPUR vs. CIT (A), JAIPUR, JAIPUR

In the result, appeal of the assessee is allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

271E and provisions of section 275(1)(c) would be attracted. Held-yes; 2. Whether in case of such penalty limitation period would be counted from the date of assessment order with assessing officer's decision to make reference to his Additional CIT, who is authorized to impose penalty and not from the date of issue of show cause notice

SH. ASHOK KUMAR PORWAL,JHALAWAR vs. JCIT, RANGE-1, KOTA, KOTA

In the result, appeal of the assessee is partly allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

reassessment proceedings were being undertaken in arbitrary manner, impugned reopening notice was justified [2023] 152 taxmann.com 573 (SC)/[2023] 454 ITR 794 (SC) [04-0... INCOME TAX: Notice issued in SLP filed against impugned High Court order that where Assessing Officer made additions under section 68 solely on basis of information received from Investigation Wing that lenders from whom assessee

SH. MAHENDRA KUMAR GOYAL,SIKAR vs. DCIT, CENTRAL CIRCLE-3, JAIPUR, JAIPUR

271E of the Act and make a\nreference to the Jt. Commissioner/Addl. Commissioner.\n\nIn the result this ground of appeal is adjudicated in above terms and is hereby\ntreated as dismissed.\n\n6. Ground of Appeal No. 3 is as under:\n\nGround No. 3: Assessee craves the right to add, alter or amend any of the\ngrounds

NEERAJ SUWALKA,JAIPUR vs. DCIT, JAIPUR

In the result, the appeal of the assessee is dismissed

reassessment can be made U/s 153A of the Act only on the basis of incriminating material found during the course of search. Therefore, what is the relevant to determine in the instant case is whether any incriminating document was found during the course of search in the case of the assessee and basis which the additions have been made

NEERAJ SUWALKA,JAIPUR vs. DCIT, JAIPUR

In the result, the appeal of the assessee is dismissed

reassessment can be made U/s 153A of the Act only on the basis of incriminating material found during the course of search. Therefore, what is the relevant to determine in the instant case is whether any incriminating document was found during the course of search in the case of the assessee and basis which the additions have been made

NEERAJ SUWALKA,JAIPUR vs. DCIT, JAIPUR

In the result, the appeal of the assessee is dismissed

reassessment can be made U/s 153A of the Act only on the basis of incriminating material found during the course of search. Therefore, what is the relevant to determine in the instant case is whether any incriminating document was found during the course of search in the case of the assessee and basis which the additions have been made

MANOJ KUMAR SHARMA,JAIPUR vs. PCIT (CENTRAL), JAIPUR

In the result appeal of the assessee in the ITA No

271E. the relevant extract from the circular are as under: “The statement in the assessment order that the proceedings under Section 271D and E are initiated is inconsequential. On the other hand, if the assessment order is taken as the initiation of penalty proceedings, such initiation is by an authority who is incompetent and the proceedings thereafter would be proceedings

HARISH JAIN,KOTA vs. PCIT (CENTRAL), JAIPUR

In the result appeal of the assessee in the ITA No

271E. the relevant extract from the circular are as under: “The statement in the assessment order that the proceedings under Section 271D and E are initiated is inconsequential. On the other hand, if the assessment order is taken as the initiation of penalty proceedings, such initiation is by an authority who is incompetent and the proceedings thereafter would be proceedings

RAM KISHAN VERMA,KOTA vs. PCIT (CENTRAL), JAIPUR

In the result appeal of the assessee in the ITA No

271E. the relevant extract from the circular are as under: “The statement in the assessment order that the proceedings under Section 271D and E are initiated is inconsequential. On the other hand, if the assessment order is taken as the initiation of penalty proceedings, such initiation is by an authority who is incompetent and the proceedings thereafter would be proceedings

HARISH JAIN,JAIPUR vs. PCIT (CENTRAL), JAIPUR

In the result appeal of the assessee in the ITA No

271E. the relevant extract from the circular are as under: “The statement in the assessment order that the proceedings under Section 271D and E are initiated is inconsequential. On the other hand, if the assessment order is taken as the initiation of penalty proceedings, such initiation is by an authority who is incompetent and the proceedings thereafter would be proceedings