BMW INDUSTRIES LIMITED,KOLKATA vs. DCIT, CENTRAL CIRCLE 4(1),, KOLKATA

In the result, all the three appeals of the assessee are allowed

u/s 68 of the Act is reduced from the total income then there was no difference between the returned income and assessed income and the tax sought to be evaded would be nil. Thus, the penalty is not leviable under section 271(1)(c

DCIT, CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. KAILASH KUMAR TIBREWAL, KOLKATA

In the result, the appeal filed by the appellant is Allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

section 275(1)(c) of the Act and hence liable to be quashed. In addition to the above, The assessee also stated that Ld. AO had issued the notice u/s. 271(1)(c) of the I.T. Act dated 13.04.2022 re- fixing the hearing in respect of the penalty

DCIT,CENTRAL CIRCLE-1(4), KOLKATA, KOLKATA vs. KAILASH KUMAR TIBREWAL, KOLKATA

In the result, the appeal filed by the appellant is Allowed

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

section 275(1)(c) of the Act and hence liable to be quashed. In addition to the above, The assessee also stated that Ld. AO had issued the notice u/s. 271(1)(c) of the I.T. Act dated 13.04.2022 re- fixing the hearing in respect of the penalty

AMITABHA SANYAL,KOLKATA vs. ITO, WARD-58(4), KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed and the penalty levied is hereby deleted

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishraassessment Years: 2011-12 Amitabha Sanyal, Income Tax Officer, 108B, Block-F, New Alipore, Ward – 58(4), Kolkata, Kolkata – 700053 Vs Aayakar Bhawan, (Pan: Aleps2352J) Bamboo Villa, 169, A.J.C. Bose Road, Kolkata - 700014 (Appellant) (Respondent)

u/s 271(1)(c) of the Act dated 15.05.2019. 2. The grounds of appeal raised by the assessee are reproduced as under: “1. That the impugned order dated 11th April 2022 passed by the Ld. National Faceless Assessment Centre, Kolkata (the Assessing Officer) under section 271(1)(c) of the Act, levying penalty

SVM CERA PRIVATE LIMITED,GUJRAT vs. ACIT,C.C-1(1), KOLKATA, KOLKATA

In the result, both the appeals in ITA Nos

Bench: Shri Rajpal Yadav, Vp & Shri Dr. Manish Borad, Am

section 132(4) at Rs. 15 lacs and requested not to impose penalty u/s 271(1)(c) of the IT Act. The ld. AO imposed

SVM CERA PRIVATE LIMITED ,GUJRAT vs. ACIT,C.C-1(1). KOLKATA. , KOLKATA

In the result, both the appeals in ITA Nos

Bench: Shri Rajpal Yadav, Vp & Shri Dr. Manish Borad, Am

section 132(4) at Rs. 15 lacs and requested not to impose penalty u/s 271(1)(c) of the IT Act. The ld. AO imposed

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

In the result, the appeal is partly allowed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

271(1)(c) which has to be initiated in the course of any proceeding, the penalty under section 271B also has to be initiated in the course of any proceeding. The penalty under section 271B relates to not getting the accounts audited under the Act and as the same is not related to the quantum of income assessed

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

In the result, the appeal is partly allowed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

271(1)(c) which has to be initiated in the course of any proceeding, the penalty under section 271B also has to be initiated in the course of any proceeding. The penalty under section 271B relates to not getting the accounts audited under the Act and as the same is not related to the quantum of income assessed

KALIPADA SAHA,HOOHLY vs. ITO, WARD-24(3), HOOGHLY. , HOOGHLY

In the result, all the four appeals of the assessee are dismissed

Bench: Shri Rajpal Yadav & Shri Rakesh Mishra

penalty u/s 271(1)(c) does not arise 2. If the assessee disclosed higher income u/s 148 read with Section

KALIPADA SAHA,HOOGHLY vs. ITO,WARD-24(3), HOOGHLY, HOOGHLY

In the result, all the four appeals of the assessee are dismissed

Bench: Shri Rajpal Yadav & Shri Rakesh Mishra

penalty u/s 271(1)(c) does not arise 2. If the assessee disclosed higher income u/s 148 read with Section

KALIPADA SAHA,HOOGHLY vs. ITO, WARD-24(3),HOOGHLY. , HOOGHLY

In the result, all the four appeals of the assessee are dismissed

Bench: Shri Rajpal Yadav & Shri Rakesh Mishra

penalty u/s 271(1)(c) does not arise 2. If the assessee disclosed higher income u/s 148 read with Section

KALIPADA SAHA,HOOGHLY vs. ITO, WARD-24(3), HOOGHLY. , HOOGHLY

In the result, all the four appeals of the assessee are dismissed

Bench: Shri Rajpal Yadav & Shri Rakesh Mishra

penalty u/s 271(1)(c) does not arise 2. If the assessee disclosed higher income u/s 148 read with Section

DCIT,CC-4(2), KOLKATA, KOLKATA vs. THARUR BHASKARAN, KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

271(1)c. While it is trite law that the said section creates a presumption against the appellant and there is no necessity for proving mens Rea for the imposition of penalty, there is also a second limb of this section. This relates to the actual quantum of penalty that is to be imposed - whether 100% or more, going

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

271(1)c. While it is trite law that the said section creates a presumption against the appellant and there is no necessity for proving mens Rea for the imposition of penalty, there is also a second limb of this section. This relates to the actual quantum of penalty that is to be imposed - whether 100% or more, going

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

271(1)c. While it is trite law that the said section creates a presumption against the appellant and there is no necessity for proving mens Rea for the imposition of penalty, there is also a second limb of this section. This relates to the actual quantum of penalty that is to be imposed - whether 100% or more, going

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

271(1)c. While it is trite law that the said section creates a presumption against the appellant and there is no necessity for proving mens Rea for the imposition of penalty, there is also a second limb of this section. This relates to the actual quantum of penalty that is to be imposed - whether 100% or more, going

DCIT, CC-4(2), KOLKATA, KOLKATA vs. NALINI BHASKARAN , KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

271(1)c. While it is trite law that the said section creates a presumption against the appellant and there is no necessity for proving mens Rea for the imposition of penalty, there is also a second limb of this section. This relates to the actual quantum of penalty that is to be imposed - whether 100% or more, going

DCIT,CC-4(2), KOLKATA, KOLKATA vs. THARUR BHASKARAN, KOLKATA

In the result the appeal is partly allowed”

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Sanjay Awasthi

271(1)c. While it is trite law that the said section creates a presumption against the appellant and there is no necessity for proving mens Rea for the imposition of penalty, there is also a second limb of this section. This relates to the actual quantum of penalty that is to be imposed - whether 100% or more, going