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

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

reassessment, if any, relating to\nany assessment year falling within the period of six assessment years referred to\nin this sub-section pending on the date of initiation of the search under Section\n132 or making of requisition under Section 132A, as the case may be, shall\nabate.\" What is clear from this is that Section 153A

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.

reassessment U/s 153A of the Act and therefore, the addition of income can be made only on the basis of seized material. The cheque books found during the search and seizure action is not an evidence to disclose any undisclosed income of the assessee in the form of deposits of cash in the bank accounts of these persons. Only inference

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.

reassessment U/s 153A of the Act and therefore, the addition of income can be made only on the basis of seized material. The cheque books found during the search and seizure action is not an evidence to disclose any undisclosed income of the assessee in the form of deposits of cash in the bank accounts of these persons. Only inference

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.

reassessment U/s 153A of the Act and therefore, the addition of income can be made only on the basis of seized material. The cheque books found during the search and seizure action is not an evidence to disclose any undisclosed income of the assessee in the form of deposits of cash in the bank accounts of these persons. Only inference

RAJ KUMAR JAIN,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE – 2, JAIPUR, JAIPUR

In the result, appeal of the assessee is allowed

6. Careful reading of section 271AAB of the Act, the words used are ‘AO may direct’ and ‘the assessee shall pay by way of penalty’. Similar words are used section 158BFA(2) of the Act. The word may direct indicates the discretion to the AO. Further, sub section (3) of section 271AAB of the Act, fortifies this view. Sub section

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(1)(c) of the Act, but clauses (p), (q) & (r) of the above referred observations are required to be considered. 9. As per the above referred decision

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

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(1)(c), alleging concealment of income or furnishing inaccurate\nparticulars of income - First Appellate Authority cancelled penalty due to lack of\nestablished concealment of income - Tribunal dismissed revenue's appeal

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

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(1)(c), alleging concealment of income or furnishing inaccurate\nparticulars of income - First Appellate Authority cancelled penalty due to lack of\nestablished concealment of income - Tribunal dismissed revenue's appeal

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

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(1)(c), alleging concealment of income or furnishing inaccurate\nparticulars of income - First Appellate Authority cancelled penalty due to lack of\nestablished concealment of income - Tribunal dismissed revenue's appeal

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

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(1)(c), alleging concealment of income or furnishing inaccurate\nparticulars of income - First Appellate Authority cancelled penalty due to lack of\nestablished concealment of income - Tribunal dismissed revenue's appeal

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

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(1)(c), alleging concealment of income or furnishing inaccurate\nparticulars of income - First Appellate Authority cancelled penalty due to lack of\nestablished concealment of income - Tribunal dismissed revenue's appeal

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. SNEHLATA AGARWAL, SIKAR

In the result, the appeals of the revenue in ITA No

C of the Act are rightly set aside by the High Court.\nHowever, Shri N Venkataraman, leamed ASG appearing on behalf of the Revenue,\ntaking the clue from some of the observations made by this Court in the recent decision\n\n18\nITA No. 301 and others /JP/2025 & CO No. 2 and others-JP-2025\nDCIT vs. Vaibhav Banka

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

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

section 271(1)(c). The Ld.CIT(A) finally\nreferring to the decisions of Hon'ble Kerala High Court in the case of\nK.P.Madhusudan(2002)125 taxmann 265 and Hon'ble Calcutta High\n4\nITA No. 32/JPR/2025\nSh. Dinesh Kumar Goyal, Kota\nCourt in the case of Bijay iron Stores [2001] 252 ITR 408, dismissed the\nappeal of the assessee

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. SUBHASH CHANDRA BANKA, SIKAR

In the result, the appeals of the revenue in ITA No

1) In disposing of an appeal, the Commissioner (Appeals) shall have the\nfollowing powers—\n(a) in an appeal against an order of assessment, he may confirm, reduce,\nenhance or annul the assessment:\n[Provided that where such appeal is against an order of assessment\nmade under section 144, he may set aside the assessment and refer\nthe case back

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. VIPUL BANKA, SIKAR

In the result, the appeals of the revenue in ITA No

1) In disposing of an appeal, the Commissioner (Appeals) shall have the\nfollowing powers—\n(a)\nin an appeal against an order of assessment, he may confirm, reduce,\nenhance or annul the assessment:\n[Provided that where such appeal is against an order of assessment\nmade under section 144, he may set aside the assessment and refer\nthe case back

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. PRIYA DEWAN, SIKAR

In the result, the appeals of the revenue in ITA No

1) In disposing of an appeal, the Commissioner (Appeals) shall have the\nfollowing powers—\n(a)\nin an appeal against an order of assessment, he may confirm, reduce,\nenhance or annul the assessment:\n[Provided that where such appeal is against an order of assessment\nmade under section 144, he may set aside the assessment and refer\nthe case back

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. USHA BANKA, SIKAR

In the result, the appeals of the revenue in ITA No

1) In disposing of an appeal, the Commissioner (Appeals) shall have the\nfollowing powers—\n(a)\nin an appeal against an order of assessment, he may confirm, reduce,\nenhance or annul the assessment:\n[Provided that where such appeal is against an order of assessment\nmade under section 144, he may set aside the assessment and refer\nthe case back

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. SARITA DEWAN, SIKAR

In the result, the appeals of the revenue in ITA No

1) In disposing of an appeal, the Commissioner (Appeals) shall have the\nfollowing powers—\n(a)\nin an appeal against an order of assessment, he may confirm, reduce,\nenhance or annul the assessment:\n[Provided that where such appeal is against an order of assessment\nmade under section 144, he may set aside the assessment and refer\nthe case back