MAHENDRA SINGH DHARAMPAL & CO.,UDAIPUR vs. ACIT, CIRCLE-2, UDAIPUR
In the result, the appeal of the assessee is allowed
ITA 229/JODH/2024[2011-12]Status: DisposedITAT Jodhpur28 Jan 2026AY 2011-12
Bench: Dr. Mitha Lal Meena, Hon’Ble & Shri Sudhir Pareek, Hon’Blemahendra Singh Dharampal & Acit Circle 2, Co Udaipur - 313001 15-18, Diamond Plazza, Hiran Magri Sect 5, Udaipur - 313001 Pan No. Aadfm 9764 A Assessee By Shri Yogesh Pokharna, C.A. (Physical) Revenue By Shri K.C. Meena, Addl. Cit-Dr (Virtual) Date Of Hearing 13.01.2026. Date Of Pronouncement 28.01.2026. Order Dr. Mitha Lal Meena, A.M.: The Appeal Is Filed By The Assessee Against The Order Of The Commissioner Of Income Tax, Appeal [Hereinafter Referred To As The Cit(A)] Udaipur Dated 19.03.2024 For The Assessment Year 2011-12 Challenging Therein Confirmation Of Penalty Of Rs. 1,54,500/- Levied U/S 271(1)(C) By The Ao.
Section 113Section 139(4)Section 144Section 153ASection 271(1)(c)Section 40
penalty proceedings u/s 271(1)(c) was initiated for disallowance of remuneration of Rs. 5,00,000/- as there was no clause in the partnership deed for remuneration and it was confirmed by Ld.
CIT(A). The Ld. AR argued that as per revised computation of income the total income is loss i.e. (Rs. Book profit u/s 40(b