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30 results for “penalty u/s 271”+ Section 143(2)clear

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Key Topics

Section 271(1)(c)41Section 271(1)(b)34Section 143(3)25Penalty24Section 27121Addition to Income19Section 142(1)18Section 44A17Section 274

VINOD (RATAN) SUHALKA,UDAIPUR vs. ACIT, CENTRAL CIRCLE-1, UDAIPUR

In the result, the appeals of the assessee are allowed

ITA 241/JODH/2019[2007-08]Status: PendingITAT Jodhpur05 Jan 2023AY 2007-08

Bench: Shri B. R. Baskaran & Shri Sandeep Gosain

Section 132Section 132(4)Section 153ASection 271(1)(c)

penalty on the basis of vague notice. In this respect, our attention was drawn by the ld. AR towards impugned notice issued u/s 274 read with Section 271(1) of the Act dated 28-03-2013 and the same is reproduced as under:- 5 VINOD (RATAN) SUHALKA VS ACIT, CC-1, UDAIPUR ‘’Notice Under Section read with Section 271

VAMITA SINGH,JAIPUR vs. ITO, , BALOTRA

In the result, appeal of the assessee is allowed

Showing 1–20 of 30 · Page 1 of 2

17
Section 143(2)12
Cash Deposit5
Disallowance4
ITA 87/JODH/2019[2011-12]Status: DisposedITAT Jodhpur22 Feb 2021AY 2011-12

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 87/Jodh/2019 Fu/Kzkj.K O"Kz@Assessment Year :2011-12 Vamita Singh, Cuke Ito, Vs. C/O-Ashok Kumar Bansal, C.A., Ward-7(3) 2Nd Vijay Shanti Plaza, Near Jaipur. Railway Crossing, Balotra-344022. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Atzps 9372 B Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Ashok Kumar Bansal (Ca) Jktlo Dh Vksj Ls@ Revenue By : Smt. Monisha Choudhary(Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 22/12/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 24/02/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-3, Jaipur Dated 20/11/2018 For The A.Y. 2011-12. 2. The Hearing Of The Appeal Was Concluded Through Video Conference In View Of The Prevailing Situation Of Covid-19 Pandemic.

For Appellant: Shri Ashok Kumar Bansal (CA)For Respondent: Smt. Monisha Choudhary(Addl.CIT)
Section 142(1)Section 143(2)Section 143(3)Section 271(1)(b)

penalty U/s 271(1)(b) of the Act could not be imposed. In this regard, we rely upon the decision of Coordinate Bench of Delhi ITAT in the case of Balram Kumar Mahendra Vs ITO (2011) 012 ITR (Trib) 0426 wherein it was held as under: “that the AO issued notice under section 143(2

SANGRAM RAM,BIKANER vs. ITO, WARD -1(1), BIKANER

In the result, both appeals of the assessee are allowed

ITA 120/JODH/2022[2012-13]Status: DisposedITAT Jodhpur20 Jan 2023AY 2012-13

Bench: Shri B. R. Baskaran & Dr. S. Seethalakshmi

Section 142(1)Section 143(2)Section 143(3)Section 147Section 263Section 271(1)(b)Section 274

143(3)/147 dated 29.12.2017. 2. Thereafter, the assessment in this case was completed U/s 147/144 r.w.s. 263 on 01.12.2021 at assessed income of Rs.5,08,518/- by the National Faceless Assessment Centre, Delhi. During the assessment proceedings, a notice u/s 142(1) of the Income-tax Act, 1961 was issued to the assessee on 02.08.2021, requiring him to prepare

SANGRAM RAM,BIKANER vs. ITO, WARD -1(1), BIKANER

In the result, both appeals of the assessee are allowed

ITA 119/JODH/2022[2010-11]Status: DisposedITAT Jodhpur20 Jan 2023AY 2010-11

Bench: Shri B. R. Baskaran & Dr. S. Seethalakshmi

Section 142(1)Section 143(2)Section 143(3)Section 147Section 263Section 271(1)(b)Section 274

143(3)/147 dated 29.12.2017. 2. Thereafter, the assessment in this case was completed U/s 147/144 r.w.s. 263 on 01.12.2021 at assessed income of Rs.5,08,518/- by the National Faceless Assessment Centre, Delhi. During the assessment proceedings, a notice u/s 142(1) of the Income-tax Act, 1961 was issued to the assessee on 02.08.2021, requiring him to prepare

MANISH SHARMA,KOTA vs. JCIT, CENTRAL CIRCLE, UDAIPUR

In the result, appeal of the assessee is allowed

ITA 619/JODH/2024[2011-12]Status: DisposedITAT Jodhpur25 Jun 2025AY 2011-12

Bench: Date Of Hearing.

Section 132(1)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 250Section 269TSection 271DSection 271E

143(3) dated 31.10.2017 (during the imposition of penalty has been FY 2017-18 by making reference to initiated, are completed. Joint Commissioner of Income Tax for imposition of penalty u/s 271E of Income Tax Act, 1961. Therefore penalty proceeding should have been completed on or before 31.03.2018 as per this clause. Six month from the end of the month

SHRI KHERAJ RAM ,BARMER vs. DC CEN CIR01, JODHPUR

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

ITA 111/JODH/2023[2011-12]Status: DisposedITAT Jodhpur21 Dec 2023AY 2011-12

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 142(1)(iii)Section 153ASection 250Section 271Section 271(1)(b)Section 44A

2 That on the facts and in the circumstances of the case, the Id CIT(A) grossly erred in sustaining the penalty of Rs 10,000/- u/s 271(l)(b)ofthe Act. 3. That on the facts and in the circumstances of the case, the Id CIT(A) grossly erred in not considering the submission in right perspective and judicious

SHRI KHERAJ RAM ,BARMER vs. DC CEN CIR01, JODHPUR

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

ITA 112/JODH/2023[2012-13]Status: DisposedITAT Jodhpur21 Dec 2023AY 2012-13

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 142(1)(iii)Section 153ASection 250Section 271Section 271(1)(b)Section 44A

2 That on the facts and in the circumstances of the case, the Id CIT(A) grossly erred in sustaining the penalty of Rs 10,000/- u/s 271(l)(b)ofthe Act. 3. That on the facts and in the circumstances of the case, the Id CIT(A) grossly erred in not considering the submission in right perspective and judicious

SHRI KHERAJ RAM ,BARMER vs. DC CEN CIR01, JODHPUR

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

ITA 113/JODH/2023[2013-14]Status: DisposedITAT Jodhpur21 Dec 2023AY 2013-14

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 142(1)(iii)Section 153ASection 250Section 271Section 271(1)(b)Section 44A

2 That on the facts and in the circumstances of the case, the Id CIT(A) grossly erred in sustaining the penalty of Rs 10,000/- u/s 271(l)(b)ofthe Act. 3. That on the facts and in the circumstances of the case, the Id CIT(A) grossly erred in not considering the submission in right perspective and judicious

SHRI KHERAJ RAM ,BARMER vs. DC CEN CIR01, JODHPUR

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

ITA 114/JODH/2023[2014-15]Status: DisposedITAT Jodhpur21 Dec 2023AY 2014-15

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 142(1)(iii)Section 153ASection 250Section 271Section 271(1)(b)Section 44A

2 That on the facts and in the circumstances of the case, the Id CIT(A) grossly erred in sustaining the penalty of Rs 10,000/- u/s 271(l)(b)ofthe Act. 3. That on the facts and in the circumstances of the case, the Id CIT(A) grossly erred in not considering the submission in right perspective and judicious

DEEPAK KUMAR RAJORIA,AHMEDABAD vs. ITO, WARD-1(2), BIKANER

In the result, the appeal of the assessee is allowed

ITA 170/JODH/2022[2017-18]Status: DisposedITAT Jodhpur11 Aug 2023AY 2017-18

Bench: Assessing Authority Tax Was Paid & Adjust From Tds The Appellant Was Aware Of The Fact That There Is Any Form By Filing Which The Penalty May Be Dropped So The Penalty Was Never Leviable In This Case Therefore The Penalty U/S 270A May Please Be Cancelled. 3. The Appellant Prays For Justice & Relief. 4. The Appellant May Please Be Permitted To Raise Any Addition Or Alternative Ground At Or Before The Hearing.”

Section 143(3)Section 270ASection 271(1)(C)Section 274Section 80G

2. On the fact and circumstances of the case worthy CIT(A) has erred in confirming the un-fare action of the AO in imposing 200 percent penalty on account of misreporting income because there was nothing in this case which attract penalty u/s 270A. That the appellant had already surrendered that wrong deduction claimed earlier before assessing authority

VIKRAM ANJANA,PRATAPGARH vs. ACIT, CIRCLE, CHITTORGARH

In the result, the appeal of the assessee is allowed

ITA 46/JODH/2019[2006-07]Status: DisposedITAT Jodhpur07 May 2019AY 2006-07

Bench: Shri N.K. Sainishri Vikram Anjana, Vs The Acit, Vill - Kesunda, Circle-Chittorgarh Tehsil Chhotisadri, Pratapgarh (Raj.) 312604

Section 143(3)Section 271Section 271(1)(c)

143(3) of the Act on 12.12.2008. 4. Being aggrieved, the assessee carried the matter to the Ld. CIT(A) who allowed part relief and upheld the addition of Rs. 1,10,895/-. 5. Thereafter, the Assessing Officer initiated penalty proceedings and levied the penalty of Rs. 37,350/- u/s 271 (1) (c) of the Act. 6. Being aggrieved

SHRINATH PRODUCTS,UDAIPUR vs. ITO, WARD-2, RAJSAMAND

In the result, the appeal filed by the assesse is dismissed

ITA 51/JODH/2020[2009-10]Status: DisposedITAT Jodhpur07 Aug 2023AY 2009-10

Bench: Shri Pavan Kumar Gadale & Shri Dr. Dipak P. Ripotem/S Shrinath Products Vs. Ito. Ward 1(1), A.M.Mehta & Co, Udaipur, 6-B, Bapu Bazar, Rajasthan. Udaipur.-313001, Rajasthan. Pan/Gir No. : Aaqfs9840Q Appellant .. Respondent Assessee By : None Revenue By : Ms. Nidhi Nair. Jcit-Dr Date Of Hearing 07.08.2023 Date Of Pronouncement 07.08.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals)(Cit(A)-1,Udaipur Passed U/S 250 Of The Income Tax (Act), 1961. The Assessee Has Raised The Following Grounds Of Appeal.

For Appellant: NoneFor Respondent: Ms. Nidhi Nair. JCIT-DR
Section 142(1)Section 144Section 148Section 250Section 271(1)(b)

section 144 of the Act and passed the order u/s 144 r.w. 147 of the Act. The Ld.DR supported the order of the CIT(A). 6. We heard the Ld. DR submissions and perused the material available on record. The assessee has raised the grounds of appeal challenging the levy of penalty u/s 271

UMMAID MAL SINGHVI,JODHPUR vs. ACIT, CENTRAL CIRCLE-2, JODHPUR

Accordingly, legal ground raised by the assessee is allowed for statistical purpose

ITA 14/JODH/2020[2008-09]Status: DisposedITAT Jodhpur07 Aug 2023AY 2008-09

Bench: Shri Pavan Kumar Gadale & Dr. Dipak P. Ripoteassessment Year : 2008-09 Shri. Ummaid Mal Singhvi, Acit, C/O Rajendra Jain Advocate, Vs Central Circle-2, 106 Akshay Deep Complex, 5Th Jodhpur B Road, Sardarpura, Jodhpur Pan: Abpps7429D Appellant / Assessee Respondent / Revenue Assessee By Shri Rajendra Jain, Advocate Revenue By Ms. Nidhi Nair, Jcit-Dr Date Of Hearing 07.08.2023 Date Of Pronouncement 07.08.2023 Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-2, Udaipur Dated 30Th September, 2019 For Assessment Year 2008-09 Emanating From The Penalty Order Under Section 271Aaa Of The Income Tax Act Passed By Assistant Commissioner Of Income Tax, Circle-2, Jodhpur. The Assessee Has Raised The Following Grounds Of Appeal : Ummaid Mal Singhvi

Section 139(1)Section 271ASection 50C

2. In this case, there was a search under section 132 of the Act on 25.03.2008. The Assessing Officer passed an assessment order under section 143(3) r.w.s. 153A of the Act. The Assessing Officer initiated penalty proceedings under section 271AAA for 4 Ummaid Mal Singhvi concealing the particulars of income. The Assessing Officer levied penalty under section 271AAA after

M/S. THE CENTRAL COOPERATIVE BANK LTD. ,BHILWARA vs. ACIT, CIRCLE, BHILWARA

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

ITA 93/JODH/2018[2014-15]Status: DisposedITAT Jodhpur11 Aug 2023AY 2014-15

Bench: Shri Pavan Kumar Gadale & Shri Dr. Dipak P. Ripotem/S.The Central Vs. The Acit, Circle Cooperative Bank Ltd., Bhilwara. Mahendra Gargieya & Rajasthan. Associates, Adv , No537-538,5Thfloor, Mahimatrinity, New Sanganer Road, Jaipur – 302019, Rajasthan. Pan/Gir No. : Aaaat8126B Appellant .. Respondent Assessee By : None Revenue By : Ms. Nidhi Nair, Jcit -Dr Date Of Hearing 10.08.2023 Date Of Pronouncement 11.08.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals), Ajmer Passed U/S 271(1)(C) & 250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal: M/S. The Central Cooperative Bank Ltd.,Bhilwara. 1.The Impugned Penalty Order U/S 271(1)(C) Of The Act Dated 18.05.2017 Is Bad In Law & On Facts Of The Case, For Want Of Jurisdiction & Various Other Reasons & Hence The Same Kindly Be Quashed.

For Appellant: NoneFor Respondent: Ms. Nidhi Nair, JCIT -DR
Section 143(1)Section 143(2)Section 143(3)Section 271(1)(c)Section 274

Section 271(1)(c) of the Act, the penalty proceedings had been initiated i.e., whether for concealment particulars of income or furnishing of inaccurate particulars of income. The impugned penalty based on such a notice being contrary to the provisions of law & facts kindly be quashed. 4. The appellant prays your honour indulgences to add, amend or alter

SHRI SHIV SINGH CHOUHAN,RAJSAMAND vs. ACIT, CIRCLE-2,, UDAIPUR

In the result, appeal of assessee is allowed

ITA 23/JODH/2019[2010-11]Status: DisposedITAT Jodhpur07 May 2019AY 2010-11

Bench: Shri N.K.Saini & Shri A. T. Varkeyshri Shiv Singh Chouhan Vs Assistant Commissioner Of C/O Rajendra Jain, Advocate, Income-Tax, Circle-2, 106, Akshay Deep Complex, Udaipur, Rajasthan 5Th B Road, Sardarpura, Jodhpur (Pan: Cifps9604M) (Appellant) (Respondent)

Section 143(3)Section 271Section 271(1)(c)Section 274

143(3) of the Act was made on 31.01.2013 determining total income at Rs.40,85,180/- against assessee’s returned income of Rs.18,03,103/-. In the said order an amount of Rs.22,82,079/- was added by the AO on account of undisclosed contract receipt. On considering the same as suppressed income as well as undisclosed portion of income

SHRI THAKUR CHAPLOT,RAJSAMAND vs. ACIT CIRCLE-2, UDAIPUR

In the result, appeal of assessee is allowed

ITA 105/JODH/2019[2010-11]Status: DisposedITAT Jodhpur06 May 2019AY 2010-11

Bench: Shri N.K.Saini & Shri A. T. Varkeyshri Thakur Chaplot Vs Assistant Commissioner Of Pan: Aappc9323H Income-Tax, Circle-2, C/O Rajendra Jain, Advocate, Udaipur, Rajasthan, Kar 106, Akshay Deep Complex, Bhawan, Sub-City 5Th B Road,Sardrpura, Centre,Saveena,Udaipur Jodhpur (Raj)-313001. (Appellant) (Respondent)

Section 143(3)Section 271Section 271(1)(c)Section 274

143(3) of the Act was made on 22.01.2013 determining total income at Rs.12,52,980/- against assessee’s returned income of Rs.8,53,620/-. In the said order an amount of Rs.3,29,360/- was added by the AO on account of undisclosed gain of LTCG. On considering the same as suppressed income as well as undisclosed portion

ACIT, CIRCLE (EXEMPTION), , JODHPUR vs. PALI TEXTILE COMMON EFFLUENT TREATMENT PLANT, PALI

In the result the appeal of the revenue in ITA No

ITA 294/JODH/2019[2016-17]Status: DisposedITAT Jodhpur22 Aug 2023AY 2016-17

Bench: Its Hearing Before Your Honour.”

Section 11Section 11(1)(d)Section 12ASection 143(3)

143(3) without giving benefit of sec. 12A. The Assessing Officer stated that the assessee neither the got approval u/s 12AA of the Act during the relevant A.Y nor any assessment proceedings was pending during the date of registration u/s 12AA of the Act. Hence, the assessee trust is not entitled to benefit of sec. 11&12 and the claim

PALI TEXTILE COMMON EFFLUENT TREATMENT PLANT,PALI vs. CIT, EXEMPTION, JAIPUR

In the result the appeal of the revenue in ITA No

ITA 67/JODH/2019[2016-17]Status: DisposedITAT Jodhpur22 Aug 2023AY 2016-17

Bench: Its Hearing Before Your Honour.”

Section 11Section 11(1)(d)Section 12ASection 143(3)

143(3) without giving benefit of sec. 12A. The Assessing Officer stated that the assessee neither the got approval u/s 12AA of the Act during the relevant A.Y nor any assessment proceedings was pending during the date of registration u/s 12AA of the Act. Hence, the assessee trust is not entitled to benefit of sec. 11&12 and the claim

SHRI SARAFRAJ AHMED ,UDAIPUR vs. ITO, WARD-1(4), UDAIPUR

In the result, appeal of assessee is allowed

ITA 535/JODH/2018[2010-11]Status: DisposedITAT Jodhpur07 May 2019AY 2010-11

Bench: Shri N.K.Saini & Shri A. T. Varkeyshri Sarfaraj Ahmed Vs Income-Tax Officer, Ward- Pan: Afypa8123R 1(4), Udaipur, Rajasthan- C/O Shrawan Kumar Gupta, 313001. Advocate, 416, Surya Chamber Radio Market, Nehru Bazar, Jaipur. (Appellant) (Respondent)

Section 143(3)Section 271(1)(c)Section 271ASection 274

143(3) of the Act was made on 03.10.2012 determining total income at Rs.31,36,140/- against assessee’s returned income of Rs.2,16,540/-. In the said order an amount of Rs.28,19,600/- was added by the AO on account of cash deposit in the Union Bank of India and The Karnataka Bank Ltd. and on account

ACIT, PAOTA C ROAD vs. VARAHA INFRA LIMITED, PAOTA B ROAD

In the result, the appeal of the revenue is dismissed

ITA 160/JODH/2024[2017-18]Status: DisposedITAT Jodhpur01 Jan 2025AY 2017-18

Bench: Dr. S. Seethalakshmi & Shri Rathod Kamlesh Jayantbhaithe Acit Vs M/S. Vardha Infra Ltd. Room No. 215, Aayakar Bhawan 6 Jalam Vilas Scheme Paota C Road, Jodhpur Paota B Road, Jodhpur (Appellant) (Respondent) Pan No. Aaccv 7972 K

Section 142(1)Section 143(2)Section 143(3)Section 40

sections is mandatory but consequential to Income. The A O is directed to allow consequential relief to the assessee while giving effect to this appeal order. 9 The fifth ground of appeal is as under "The Ld. AO has erred in initiating penalty proceedings uis 274 and 271(1)(C) 9.1 The initiation of penalty is not appealable. The ground