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.

u/s 271AAB of the Act is not mandatory but discretionary. The provisions of section 271AAB of the Act isparimateria with that of section 158BFA of the Act relating to block assessment and accordingly argued that the levy of penalty under section 271AAB is not mandatory but discretionary. When there is reasonable cause, the penalty is not exigible

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]

u/s 271AAB of the Act is not mandatory but discretionary. The provisions of section 271AAB of the Act isparimateria with that of section 158BFA of the Act relating to block assessment and accordingly argued that the levy of penalty under section 271AAB is not mandatory but discretionary. When there is reasonable cause, the penalty is not exigible

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

In the result, appeal of the assessee is allowed

275 of the Act shall, so far as may be, apply. Sub Section (1) of of the Act shall, so far as may be, apply. Sub Section (1) of Section 274 Section 274 of the Act mandates that order imposing penalty has to be imposed on mandates that order imposing penalty has to be imposed only after hearing the assessee

ACIT CC-3(2),, KOLKATA vs. SRI ARJUN LAL AGARWAL , KOLKATA

In the result, both the appeals of the Revenue are dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawal

u/s 143(3) in such cases. 6. Extracts from the Explanatory Memo to Finance Bill,2012: Penalty on undisclosed income found during the course of search - 271 AAB Introduced : Under the existing provisions of section 271 AAA of the Income-tax Act, no penalty is levied if the assessee admits the undisclosed income in a statement under sub-section

ACIT CC-3(2) , KOLKATA vs. SMT. KALAWATI DEVI AGARWAL, BILASPUR

In the result, both the appeals of the Revenue are dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawal

u/s 143(3) in such cases. 6. Extracts from the Explanatory Memo to Finance Bill,2012: Penalty on undisclosed income found during the course of search - 271 AAB Introduced : Under the existing provisions of section 271 AAA of the Income-tax Act, no penalty is levied if the assessee admits the undisclosed income in a statement under sub-section

ACITCC-3(2), KOLKATA vs. SMT. SAVITRI DEVI AGARWAL, BILASPUR

In the result, both the appeals of the Revenue are dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

u/s 143(3) in such cases. 6. Extracts from the Explanatory Memo to Finance Bill,2012: Penalty on undisclosed income found during the course of search - 271 AAB Introduced : Under the existing provisions of section 271 AAA of the Income-tax Act, no penalty is levied if the assessee admits the undisclosed 3 Assessment Year: 2015-2016 Smt. Savitri Devi

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 ]

penalty proceedings to explain the reasons as to why he had not admitted the entire incomes in each of the returns filed u/s 139(1) of the Act for A.Y.2001-02, 2002-03, 2004-05 and 2005-06. With regard to the immunity Explanation 5 to Sec. 271(1)(c) of the Act, the CIT(A) was of the view that

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 ]

penalty proceedings to explain the reasons as to why he had not admitted the entire incomes in each of the returns filed u/s 139(1) of the Act for A.Y.2001-02, 2002-03, 2004-05 and 2005-06. With regard to the immunity Explanation 5 to Sec. 271(1)(c) of the Act, the CIT(A) was of the view that

ITO, WARD-29(3), KOLKATA, KOLKATA vs. M/S. AUTO CARE, KOLKATA

In the result, the appeal of the revenue is dismissed

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1484/Kol/2016 Assessment Year : 2008-09 Ito, Ward-29(3), Kolkata -Vs- M/S Auto Care Centre [Pan: Aahfa 8997 R] (Appellant) (Respondent)

u/s 275(1)(c ) of the Act is to be reckoned from the date on which the JCIT initiated the proceedings and not from the date of assessment order. The operative portion of the said judgment is as under:- 11. The only case of the assessee is that if the period of limitation prescribed in Section 275

JEKAY INTERNATIONAL (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

271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1). (3) The provisions of sections 274 and 275 shall, as far as may be, apply in relation to the penalty referred to in this section.” 19. On reading of the above provision u/s

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

271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1). (3) The provisions of sections 274 and 275 shall, as far as may be, apply in relation to the penalty referred to in this section.” 19. On reading of the above provision u/s

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

u/s 271(1)(c) of the IT Act, 1961 dated 13.04.2022 refixing the hearing in respect of the penalty proceeding. Therefore, it is apparent that till 13.04.2022, no penalty order had been passed by the Ld. A.O. and that the penalty order dated 31.03.2022 is antedated to comply with the provisions of section 275

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

u/s 271(1)(c) of the IT Act, 1961 dated 13.04.2022 refixing the hearing in respect of the penalty proceeding. Therefore, it is apparent that till 13.04.2022, no penalty order had been passed by the Ld. A.O. and that the penalty order dated 31.03.2022 is antedated to comply with the provisions of section 275

DCIT, CENTAL CIRCLE -2(2), KOLKATA, KOLKATA vs. M/S/ ARYAN MINNING & TRADING CORPORATION LTD, KOLAKTA

In the result, the appeal of the Revenue is dismissed

Bench: Sh. A.T.Varkey & Sh. A.L.Sainidcit, M/S. Aryan Mining & Central Circle-2(2), Aayakar V Trading Corporation Ltd., P-1, Hide Lane, 8Th Floor, Bhawan, Poorva, 110 S Shantipally, Kolkata-700073. Kolkata-700107. Pan-Aadca7247B (Appellant) (Respondent) Appellant By Sh. A.K.Singh, Cit Dr Respondent By Sh. A.K.Tulsyan, Fca & Ms. Sikha Agarwal, Aca 27.12.2018 Date Of Hearing 01.02.2019 Date Of Pronouncement

u/s 271AAB of the Act is not mandatory but discretionary. The provisions of section 271AAB of the Act isparimateria with that of section 158BFA of the Act relating to block assessment and accordingly argued that the levy of penalty under section 271AAB is not mandatory but discretionary. When there is reasonable cause, the penalty is not exigible

JAIN INFRA PROJECTS LTD.(SINCE TAKEN OVER BANGAL CONSTRUCTION CO.),KOLKATA vs. ACIT, CC-IV, KOLKATA, KOLKATA

In the result the appeals of the assessee are allowed and appeals of the revenue are dismissed

Bench: : Shri N.V.Vasudevan & Shri M. Balaganesh

u/s 274 read with section 271(1)(c ) of the Act as to whether the assessee had concealed its income or furnished inaccurate particulars of its income. In support of this, he also filed the copy of show cause notice issued for penalty by the Learned AO. In response to this, the Learned DR vehemently objected to the admission

SUSHIL KUMAR PAUL,SILIGURI vs. A.C.I.T.,CIRCLE-2, SILIGURI

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

Bench: Shri Sonjoy Sarma, Hon’Ble & Shri Girish Agrawal, Hon’Bleassessment Year: 2016-17 Sushil Kumar Paul Acit, Circle-2, Siliguri. C/O. Subash Agarwal & Associates, Advocates, Siddha Vs. Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700 069. (Pan: Akfpp 4837 K) (Appellant) (Respondent) Present For: Assessee By : Shri Siddarth Agarwal, Advocate Revenue By : Smt. Ranu Biswas, Addl. Cit, Dr Date Of Hearing : 24.11.2022 Date Of Pronouncement : 15.12.2022 O R D E R Per Sonjoy Sarma, Jm: This Appeal Filed By The Assessee Is Against The Order Of Ld. Cit(A), Siliguri Dated 23.08.2019 For A.Y. 2016-17. The Assessee Has Taken The Following Grounds Of Appeal: “I. For That On The Facts & Circumstances Of The Case, The Ld. Cit(A) Was Not Justified In Confirming The Penalty Of Rs. 23,70,000/- Imposed By The Ao By Wrongly Invoking The Provisions Of Section 271Aab Of The Income Tax Act.

u/s 274 r.w.s. 271AAB of the Act had observed that: “It is clear from the Sub Section (3) of Section 271 AAB that Sections 274 and Section 275 of the Act shall, so far as may be, apply. Sub Section (1) of Section 274 of the Act mandates that order imposing penalty

DCIT, CENTRAL CIRCLE - XI, KOLKATA, KOLKATA vs. SHRI HARISH KUMAR SARAWGI, KOLKATA

In the result, the appeals of the assessee are allowed and appeals of the revenue are dismissed

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am] I.T.A Nos. 1222 To 1226/Kol/2011 Assessment Years: 2003-04 To 2007-08

275; (vii) the proceedings for initiation of penalty proceeding cannot be set aside only on the ground that the assessment order states ‘penalty proceedings are initiated separately’ if otherwise, it conforms to the parameters set out hereinabove are met. The prayers made in the writ petitions are thus rejected with the caveat that provisions of s. 271(1)(c) post

HARISH KUMAR SARAWGI,KOLKATA vs. DCIT, CENTRAL CIRCLE - XI, KOLKATA, KOLKATA

In the result, the appeals of the assessee are allowed and appeals of the revenue are dismissed

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am] I.T.A Nos. 1222 To 1226/Kol/2011 Assessment Years: 2003-04 To 2007-08

275; (vii) the proceedings for initiation of penalty proceeding cannot be set aside only on the ground that the assessment order states ‘penalty proceedings are initiated separately’ if otherwise, it conforms to the parameters set out hereinabove are met. The prayers made in the writ petitions are thus rejected with the caveat that provisions of s. 271(1)(c) post