DCIT, CC-XVI, KOLKATA, KOLKATA vs. SHRI SATYAM ROY CHOWDHURY, KOLKATA

In the result, all the six appeals of the Revenue are dismissed

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

2 of Explanation 5 to section 271(1)(c). This stand of the assessee was found acceptable by the ld. CIT(Appeals) and he cancelled the penalties imposed by the Assessing Officer under section 271(1)(c) for all the six years under consideration for the following reasons given in paragraph no. 3.1 to 3.3 of his impugned orders, which

DCIT, CIR-11(2), KOLKATA, KOLKATA vs. M/S P C CHANDRA (JEWELLERS) PVT. LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2011-12 Dct, Crcle-11(2), V/S. M/S P.C. Chandra P-7, Chowringhee (Jewellers), Pvt. Ltd., Square, Kolkta-69 49C, Gaiahat Road, Kolkata-19 [Pan No.Aabcp 8654 M] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Sallong Yaden, Addl. Cit-Sr-Dr अपीलाथ" क" ओर से/By Appellant Shri Ravi Tulsiyan, Fca ""यथ" क" ओर से/By Respondent 11-01-2018 सुनवाई क" तार"ख/Date Of Hearing 02-02-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-4, Kolkata Dated 06.07.2015. Assessment Was Framed By Dcit, Circle-11, Kolkata U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 28.08.2013 For Assessment Year 2011-12. Revenue Has Raised Following Ground:- “1. That On The Facts & In The Circumstances Of The Assessee Ld. Cit Has Erred In Deleting The Penalty Of Rs.23,68,786/- Imposed U/S. 271(1)(C) Of The It Act. 1961. 2. That The Appellant Craves For Leave To Add, Delete Or Modify Any Of The Grounds Of Appeal Before Or All The Time Of Hearing.”

penalty imposed by the Ld. AO. u/s 271 (1)(c) of the Income Tax Act, 1961. ITA No.1197/Kol/2015 A.Y. 2011-12 DCIT, Cir-11(2), Kol. Vs. M/s PCC(Jewellers), Pvt. Ltd. Page 14 15. However, the notice u/s 274 of the Act should specifically state the grounds mentioned in section

DCIT, CENTRAL CIRCLE - 2(2), KOLKATA, KOLKATA vs. M/S. RASHMI CEMENT LTD., , KOLKATA

Appeal is dismissed

Bench: Shri S. S. Godara, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./I.T.A Nos.1606/Kol/2017 ("नधा"रण वष" / Assessment Year: 2013-14) Dcit, Central Circle-2(2), Vs. Rashmi Cement Ltd. Kolkata 39, Shakespeare Sarani, Kolkata – 700 017. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcr 4343 R (Appellant) .. (Respondent) Appellant By : Shri Radhey Shyam, Cit-Dr Respondent By : Shri A. K. Tulsiyan, Fca सुनवाईक"तार"ख/ Date Of Hearing : 21/02/2019 घोषणाक"तार"ख/Date Of Pronouncement : 28/02/2019 आदेश / O R D E R Per Shri S. S. Godara: This Revenue’S Appeal For Assessment Year 2013-14 Arises Against The Commissioner Of Income Tax(A)-20, Kolkata Dated 13.04.2017 Passed In Case No.1119/Cc2(2)/Cit(A)/15-16 Reversing Assessing Officer’S Action Imposing Penalty Of Rs.3,09,69,700/- In His Order Dated 30.09.2015 U/S 271Aab Of The Income Tax Act, 1961 (In Short ‘The Act’). Heard Both The Parties. Case File Perused. 2. We Notice At The Time Of Hearing That This Revenue’S Appeal Suffers From Four Days Delay In Filing. It Filed Condonation Petition 06.07.2017 Describing Reasons Thereof To Various Procedural Formalities At Departmental Level. Learned Counsel Representing Assessee Is Very Fair In Not Disputing The Said Solemn Averments. We Therefore Condone The Impugned Four Days Delay In Filing Of Revenue’S Instant Appeal As Neither Intentional Nor Deliberate.

271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub- section (1). Section 158BFA(2): (2) The Assessing Officer or the Commissioner (Appeals) in the course of any proceedings under this Chapter, may direct that a person shall pay by way of penalty a sum which shall not be less than the amount

SRI NARENDRA N. THACKER,KOLKATA vs. DCIT, C.C.XXIV, KOLKATA

ITA Nos.1786-

Bench: : Shri M. Balaganesh

14. Further, in the present case, it appears from the record that the assesses had satisfied all the conditions which are required for claiming immunity from payment of penalty under section 271(1)(c )of the Act. The provsion does not specify any time limit during which the aforesaid amount i.e the amount of penalty with interest

DCIT, CENTRAL CIRCLE - 2(2), KOLKATA , KOLKATA vs. M/S/ RASHMI METALIKS LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1). Section 158BFA(2): (2) The Assessing Officer or the Commissioner (Appeals) in the course of any proceedings under this Chapter, may direct that a person shall pay by way of penalty a sum which shall not be less than the amount

DCIT,CENT CIR-I ,KOL, KOLKATA vs. DEEPAK CHOUDHURY, KOLKATA

In the result, the appeals of the revenue are dismissed

Bench: : Shri Balaganesh & Shri S.S Viswanethra Ravi

14. Further, in the present case, it appears from the record that the assesses had satisfied all the conditions which are required for claiming immunity from payment of penalty under section 271(1)(c )of the Act. The provsion does not specify any time limit during which the aforesaid amount i.e the amount of penalty with interest

AMIT KHEMKA,KOLKATA vs. ITO, WARD - 43(1), KOLKATA

In the result, the appeal is partly allowed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

14. Ground No. 2 is against the order of the Ld. CIT(A) for not considering the fact that in the original assessment order u/s 147, the Ld. AO had initiated the penalty alleging the assessee to have furnished inaccurate particulars of income whereas in the penalty order u/s 271(1)(c), the penalty was imposed alleging the assessee

AMIT KHEMKA,KOLKATA vs. ITO, WARD - 43(1), KOLKATA

In the result, the appeal is partly allowed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

14. Ground No. 2 is against the order of the Ld. CIT(A) for not considering the fact that in the original assessment order u/s 147, the Ld. AO had initiated the penalty alleging the assessee to have furnished inaccurate particulars of income whereas in the penalty order u/s 271(1)(c), the penalty was imposed alleging the assessee

M/S PRICEWATERHOUSE COOPERS PVT. LTD.,KOLKATA vs. ACIT, CIRCLE-2(2), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed in part

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2011-12 M/S. Pricewaterhouse Coopers Private Limited……...............................……………………......Appellant Block-Ep, Plot –Y14 Salt Lake City Sector-V Kolkata – 700 091 [Pan : Aabcp 9181 H] Vs. Deputy Commissioner Of Income Tax (It), Circle-2(1), Kolkata……..........................…....Appellant Appearances By: Shri Kanchun Kaushal, A/R & Shri Bikash Kr. Jain, Ca, Appeared On Behalf Of The Assessee. Shri Vijay Shankar, Cit, D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 25Th, 2020 Date Of Pronouncing The Order : May 29Th, 2020 Order Per J. Sudhakar Reddy, Am :-

Section 144C(1) of the Act, were 144C(1) of the Act, were not followed and hence that order is without not followed and hence that order is without jurisdiction and, therefore, null and void. jurisdiction and, therefore, null and void. c) That the initiation of penalty proceedings u/s 271(1)(c) of the Act and initiation of penalty proceedings

SRI SASHI BADALIA,KOLKATA vs. A.C.I.T CC - XXVII,KOLKATA., KOLKATA

In the result, appeals filed by assessee are allowed

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

2. For that the assumption of jurisdiction by the A.O u/s 271(1)© in the facts and circumstances of the case of the appellant is wrong, invalid and as such the Ld. CIT(A) erred in confirming the levy of penalty u/s. 271(1)(c) as imposed by the AO. 3. For that there has been miscarriage of justice

SRI SASHI BADALIA,KOLKATA vs. A.C.I.T CC - XXVII,KOLKATA., KOLKATA

In the result, appeals filed by assessee are allowed

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

2. For that the assumption of jurisdiction by the A.O u/s 271(1)© in the facts and circumstances of the case of the appellant is wrong, invalid and as such the Ld. CIT(A) erred in confirming the levy of penalty u/s. 271(1)(c) as imposed by the AO. 3. For that there has been miscarriage of justice

SRI SASHI BADALIA,KOLKATA vs. A.C.I.T CC - XXVII,KOLKATA., KOLKATA

In the result, appeals filed by assessee are allowed

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

2. For that the assumption of jurisdiction by the A.O u/s 271(1)© in the facts and circumstances of the case of the appellant is wrong, invalid and as such the Ld. CIT(A) erred in confirming the levy of penalty u/s. 271(1)(c) as imposed by the AO. 3. For that there has been miscarriage of justice

SRI SASHI BADALIA,KOLKATA vs. A.C.I.T CC - XXVII,KOLKATA., KOLKATA

In the result, appeals filed by assessee are allowed

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

2. For that the assumption of jurisdiction by the A.O u/s 271(1)© in the facts and circumstances of the case of the appellant is wrong, invalid and as such the Ld. CIT(A) erred in confirming the levy of penalty u/s. 271(1)(c) as imposed by the AO. 3. For that there has been miscarriage of justice

M/S. DHANSAR ENGINEERING (P) LTD.,DHANBAD vs. ACIT, C.C. - VII, KOLKATA, KOLKATA

In the result, the appeals of assessee are allowed

Bench: : Shri P.M. Jagtap & Shri S.S.Viswanethra Ravi

Section 271 are mentioned would not satisfy requirement of law. 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 proceedings on one limb and finding the assessee guilty of another

AMAR NATH SHROFF,KOLKATA vs. DY. COMMISSIONER OF INCOME TAX, KOLKATA

In the result ITA Nos.1797 to 1800/Kol/2009 are allowed while ITA Nos

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ]

14. The assessee apart from filing these appeals in which he has challenged the finding of the CIT(A) that the Assessee has not paid admitted tax on additional income disclosed in the returns filed u/s.153A of the Act, also filed an application u/s 154 of the Act before CIT(A) pointing out that CIT(A) conclusion that assessee does

DCIT, C.C. I, KOLKATA, KOLKATA vs. AMARNATH SHROFF, KOLKATA

In the result ITA Nos.1797 to 1800/Kol/2009 are allowed while ITA Nos

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ]

14. The assessee apart from filing these appeals in which he has challenged the finding of the CIT(A) that the Assessee has not paid admitted tax on additional income disclosed in the returns filed u/s.153A of the Act, also filed an application u/s 154 of the Act before CIT(A) pointing out that CIT(A) conclusion that assessee does

SMT. RASHMI JALAN,KOLKATA vs. A.C.I.T.CENTRAL CIRCLE-1(1), KOLKATA

In the result, appeal of the assessee is allowed

2 Assessment Year: 2013-14 Smt. Rashmi Jalan 2.1. The assessment was completed u/s 143(3) of the Act, accepting the retur The assessment was completed u/s 143(3) of the Act, accepting the retur The assessment was completed u/s 143(3) of the Act, accepting the returned income. Later a notice was issued u/s. 274 r.w.s. 271

GANAPATI INDUSTRIAL (P) LTD.,KOLKATA vs. DCIT,CC-4(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is dismissed

Bench: Sh. P.M.Jagtap & Sh.S.S.Viswanethra Raviganpati Industrial Pvt.Ltd., Vs Dcit, 2, Hare Street, 3Rd Floor, Circle-4(2), Nicco House, Kolkata-700001. Kolkata. Pan-Aaacg9441Q (Appellant) (Respondent) Vs Dcit, Jekay International Pvt.Ltd., 2, Hare Street, 3Rd Floor, Circle-4(2), Nicco House, Kolkata-700001. Kolkata. Pan-Aabcj6307K (Appellant) (Respondent) Appellant By Shri.M.Satnaliwala, Fca Respondent By Shri.Anand Kumar Kedia, Cit Dr Date Of Hearing 28.11.2018 Date Of Pronouncement 15.02.2019 Order Per S.S. Viswanethra Ravi

2) In course of search disclosure of Rs. 5,00,00,000/- was made. 3) Date of filing of return u/s 139 including disclosed income paying entire tax liability on 26.09.2013. The above proves that it is a fit case for levying penalty u/s 271 AAB of the IT. Act, 1961 for undisclosed income of the assessee. As a result