CHANDRA SURESH KOTHARI,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, NAGPUR

In the result, both these appeals of the assessee are allowed

Bench: Shri Sandeep Gosain, Jm & Shri O.P. Kant, Am

income is not mentioned. Further, the AO has also not mentioned that he intends to levy penalty under explanation 5 of Section 271(1)(c) and hence the said penalty U/s. 271(1)(c) is not justified and is directed to be deleted. Therefore, we direct to the delete the same. 12. In the result, this appeal of the assessee

CHANDRA SURESH KOTHARI,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(2), NAGPUR

In the result, both these appeals of the assessee are allowed

Bench: Shri Sandeep Gosain, Jm & Shri O.P. Kant, Am

income is not mentioned. Further, the AO has also not mentioned that he intends to levy penalty under explanation 5 of Section 271(1)(c) and hence the said penalty U/s. 271(1)(c) is not justified and is directed to be deleted. Therefore, we direct to the delete the same. 12. In the result, this appeal of the assessee

DCIT CIRCLE-2, NAGPUR vs. M/S TRISTER RETAIL CONCEPTS PRIVATE LIMITED, NAGPUR

In the result, department’s appeal stands dismissed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

undisclosed income which was noticed during assessment proceedings. Also assessee could not substantiate the reason for non consideration of receipts in computation of total income. He wishfully didn't disclose the receipts of Rs.1,25,428/-.The AO rightfully added undis- closed income of Rs.1,25,428 and initiated penalty proceedings u/s 271

SHRI PRAKASH JIWANDAS WANJARI,NAGPUR vs. JOINT COMMISSIONER OF INCOME TAX, NAGPUR

In the result, we are of the considered view that the case on hand does not warrant levy of penalty under Section 271D of the Act

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

undisclosed income or ruled out any involvement of black money in this transaction of cash loan. Therefore, he accepted the return income filed by the appellant. 2.8 Further, as the AO was convinced about the genuineness of the credit entries of cash deposit in bank account as cash loans accepted by the appellant, hence he has not make any addition

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SMT. ANJU SARAF, NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

Penalty proceedings u/s 271(l)(c) of the IT Act are initiated separately.” 27 Smt. AanjuSaraf 41. Ld AR on the other hand submitted the observations of Ld CIT(A) from the appellate order, wherein the learned CIT(A) considering the submissions of the assessee and keeping in view the facts and circumstances of the case, confirmed the order

SMT. ANJU SARAF,,NAGPUR vs. A,C.I.T CENT CIR. 2(2), NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

Penalty proceedings u/s 271(l)(c) of the IT Act are initiated separately.” 27 Smt. AanjuSaraf 41. Ld AR on the other hand submitted the observations of Ld CIT(A) from the appellate order, wherein the learned CIT(A) considering the submissions of the assessee and keeping in view the facts and circumstances of the case, confirmed the order

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SMT. ANJU A. SARAF, NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

Penalty proceedings u/s 271(l)(c) of the IT Act are initiated separately.” 27 Smt. AanjuSaraf 41. Ld AR on the other hand submitted the observations of Ld CIT(A) from the appellate order, wherein the learned CIT(A) considering the submissions of the assessee and keeping in view the facts and circumstances of the case, confirmed the order

SMT. ANJU SARAF,,NAGPUR vs. A,C.I.T CENT CIR. 2(2), NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

Penalty proceedings u/s 271(l)(c) of the IT Act are initiated separately.” 27 Smt. AanjuSaraf 41. Ld AR on the other hand submitted the observations of Ld CIT(A) from the appellate order, wherein the learned CIT(A) considering the submissions of the assessee and keeping in view the facts and circumstances of the case, confirmed the order

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SMT. ANJU A. SARAF, NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

Penalty proceedings u/s 271(l)(c) of the IT Act are initiated separately.” 27 Smt. AanjuSaraf 41. Ld AR on the other hand submitted the observations of Ld CIT(A) from the appellate order, wherein the learned CIT(A) considering the submissions of the assessee and keeping in view the facts and circumstances of the case, confirmed the order

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. SMT. ANJU SARAF, NAGPUR

In the result, all the appeals of the revenue, cross objections of the assessee are dismissed and appeals filed by the assessee are allowed

Bench: Shrisandeepgosain & Shriarunkhodpia

Penalty proceedings u/s 271(l)(c) of the IT Act are initiated separately.” 27 Smt. AanjuSaraf 41. Ld AR on the other hand submitted the observations of Ld CIT(A) from the appellate order, wherein the learned CIT(A) considering the submissions of the assessee and keeping in view the facts and circumstances of the case, confirmed the order

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P LTD.,BILASPUR vs. ACIT CENTRAL CIRCLE 1(1), NAGPUR

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant Mmber

penalty under section 271(1)(c) and not applied section 271AAB(1A) which only be applicable for a searched person under section 132 for initiation of penalty where search has been initiated on/or after the date (i.e., 15/12/2016). search has been conducted on 11/07/2019 and the only section would be applicable for initiating penalty would be section 271AAB(1A) which

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P LTD.,BILASPUR vs. ACIT CENTRAL CIRCLE 1(1), NAGPUR

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant Mmber

penalty under section 271(1)(c) and not applied section 271AAB(1A) which only be applicable for a searched person under section 132 for initiation of penalty where search has been initiated on/or after the date (i.e., 15/12/2016). search has been conducted on 11/07/2019 and the only section would be applicable for initiating penalty would be section 271AAB(1A) which

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P. LTD,BILASPUR vs. ACIT CENTRAL CIRCLE-1(1), NAGPUR

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant Mmber

penalty under section 271(1)(c) and not applied section 271AAB(1A) which only be applicable for a searched person under section 132 for initiation of penalty where search has been initiated on/or after the date (i.e., 15/12/2016). search has been conducted on 11/07/2019 and the only section would be applicable for initiating penalty would be section 271AAB(1A) which

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P LTD.,BILASPUR vs. ACIT CENTRAL CIRCLE 1(1), NAGPUR

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant Mmber

penalty under section 271(1)(c) and not applied section 271AAB(1A) which only be applicable for a searched person under section 132 for initiation of penalty where search has been initiated on/or after the date (i.e., 15/12/2016). search has been conducted on 11/07/2019 and the only section would be applicable for initiating penalty would be section 271AAB(1A) which

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P LTD.,BILASPUR vs. ACIT CENTRAL CIRCLE 1(1), NAGPUR

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant Mmber

penalty under section 271(1)(c) and not applied section 271AAB(1A) which only be applicable for a searched person under section 132 for initiation of penalty where search has been initiated on/or after the date (i.e., 15/12/2016). search has been conducted on 11/07/2019 and the only section would be applicable for initiating penalty would be section 271AAB(1A) which

M/S MAHESHWARI COAL BENEFICATION & INFRASTRUCTURE P LTD,BILASPUR vs. ACIT CENTRAL CIRCLE 1(1), NAGPUR

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant Mmber

penalty under section 271(1)(c) and not applied section 271AAB(1A) which only be applicable for a searched person under section 132 for initiation of penalty where search has been initiated on/or after the date (i.e., 15/12/2016). search has been conducted on 11/07/2019 and the only section would be applicable for initiating penalty would be section 271AAB(1A) which

SHRI SANJAY DHANRAJ JAIN,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), NAGPUR

In the result, assessee' appeal for A

u/s 153A.\nWe rely on the judgement of ITAT Mumbai in the case of Dinesh Salecha Vs.\nDCIT in ITA No. 5165, 5166, 5167/Mum./2018 dated 1-1-2021\n(5) We have to respectfully object to the observations and would like to\nsubmit that the assessee has duly discharged his onus by establishing the\nidentity of the unsecured loan

SHRI SANJAY DHANRAJ JAIN,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), NAGPUR

271(1)(c)\nTribunal deleted the impugned addition as well as the penalty imposed on the\ngrounds that (i) assessee have given the names and addresses of the creditors,\n(ii) it had also produced before ITO letters of confirmation, the discharged\nhundis and particulars of the different creditors including their general index\nnumbers with the Income-tax Department