PATLIPUTRA BUILDERS LTD,PATNA vs. ACIT CENTRAL CIRCLE-2, PATNA

In the result, all the captioned appeals of the assessee for A

Bench: Dr. Manish Borad, Am & Shri Sonjoy Sarma, Jm

3)No penalty under the provisions of clause (c) of sub-section (1) of section 271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1). (4)The provisions of sections 274 and 275 shall, so far as may be, apply in relation to the penalty referred to in this section. Explanation

PATLIPUTRA BUILDERS LIMITED,PATNA vs. ACIT, CENTRAL CIRCLE-2, PATNA

In the result, all the captioned appeals of the assessee for A

Bench: Dr. Manish Borad, Am & Shri Sonjoy Sarma, Jm

3)No penalty under the provisions of clause (c) of sub-section (1) of section 271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1). (4)The provisions of sections 274 and 275 shall, so far as may be, apply in relation to the penalty referred to in this section. Explanation

PATLIPUTRA BUILDERS LIMITED,PATNA vs. ACIT, CENTRAL CIRCLE-2, PATNA

In the result, all the captioned appeals of the assessee for A

Bench: Dr. Manish Borad, Am & Shri Sonjoy Sarma, Jm

3)No penalty under the provisions of clause (c) of sub-section (1) of section 271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1). (4)The provisions of sections 274 and 275 shall, so far as may be, apply in relation to the penalty referred to in this section. Explanation

PATLIPUTRA BUILDERS LIMITED,PATNA vs. ACIT, CENTRAL CIRCLE-2, PATNA

In the result, all the captioned appeals of the assessee for A

Bench: Dr. Manish Borad, Am & Shri Sonjoy Sarma, Jm

3)No penalty under the provisions of clause (c) of sub-section (1) of section 271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1). (4)The provisions of sections 274 and 275 shall, so far as may be, apply in relation to the penalty referred to in this section. Explanation

ASHOKA TUBEWELL BORING ENGINEERING & CONSTRUCTION,KOLKATA vs. DCIT, CC-2, PATNA

In the result, the appeal of the Revenue in ITA No

Penalty u/s. 271(1)(c) income returned & accepted by\nAO in order passed u/s 153 Arws 143 (3) - HELD THAT:\nThere was no reference made to any incriminating\ndocument found during the search. Therefore, we are of\nthe view that the addition of undisclosed income was\nbased on the statement furnished under section

ACIT, CENTRAL CIRCLE-3, PATNA vs. SUBHASH PD. YADAV, PATNA

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

3 of the assessment order, ld. Assessing Officer has observed as under:- “Office may please issue DN/refund and challan accordingly. Penalty proceedings 2 Assessment Year: 2014-2015 Subhash Pd. Yadav under section 271(1)(c) of the Act are initiated for concealment of income”. 5. Ld. Assessing Officer thereafter imposed a penalty under section 271AAB(1A) of the Income

RAINBOW PRODUCTS PVT LTD,PATNA vs. ACIT, CENTRAL CIRCLE-1, PATNA

Appeal is allowed

Bench: Shri S. S. Godara, Jm & Dr. A. L. Saini, Am]

u/s 274 r.w.s. 271AAB of the Act 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

BISHWANATH PRASAD,MUZAFFARPUR vs. AC/DCIT CENTRAL CIRCLE, MUZAFFARPUR

In the result, all the appeals of the both the assessee in ITA

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

271(1)(c) and levied penalty of Rs.1093704/-. 2. For that the Ld. CIT(A) has only relied upon the A.O. order 3. For that the Ld. CIT(A) has erred in applying the Apex Court order in the case of CIT vs. Prasanna Dugar. The Apex Court order is not applicable in the present case as no disclosure statement

NAND KUMAR PRASAD SAH,MUZAFFARPUR vs. AC/DCIT CENTRAL CIRCLE, MUZAFFARPUR

In the result, all the appeals of the both the assessee in ITA

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

271(1)(c) and levied penalty of Rs.1093704/-. 2. For that the Ld. CIT(A) has only relied upon the A.O. order 3. For that the Ld. CIT(A) has erred in applying the Apex Court order in the case of CIT vs. Prasanna Dugar. The Apex Court order is not applicable in the present case as no disclosure statement

BISHWANATH PRASAD,MUZAFFARPUR vs. AC/DCIT CENTRAL CIRCLE, MUZAFFARPUR

In the result, all the appeals of the both the assessee in ITA

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

271(1)(c) and levied penalty of Rs.1093704/-. 2. For that the Ld. CIT(A) has only relied upon the A.O. order 3. For that the Ld. CIT(A) has erred in applying the Apex Court order in the case of CIT vs. Prasanna Dugar. The Apex Court order is not applicable in the present case as no disclosure statement

NAND KUMAR PRASAD SAH,MUZAFFARPUR vs. AC/DCIT CENTRAL CIRCLE, MUZAFFARPUR

In the result, all the appeals of the both the assessee in ITA

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

271(1)(c) and levied penalty of Rs.1093704/-. 2. For that the Ld. CIT(A) has only relied upon the A.O. order 3. For that the Ld. CIT(A) has erred in applying the Apex Court order in the case of CIT vs. Prasanna Dugar. The Apex Court order is not applicable in the present case as no disclosure statement

NAND KUMAR PRASAD SAH,MUZAFFARPUR vs. AC/DCIT CENTRAL CIRCLE, MUZAFFARPUR

In the result, all the appeals of the assessee (s) in ITA Nos

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

3) read with section 153A of the Act. Considering the fact that assessee had declared additional income in the return filed u/s 153A of the Act, the learned Assessing Officer initiated the penalty proceedings u/s 270A of the Act for alleged under reporting of income. However, the assessee filed an application belatedly u/s 270AA of the Act for grant

BISHWANATH PRASAD,MUZAFFARPUR vs. AC/DCIT CENTRAL CIRCLE, MUZAFFARPUR

In the result, all the appeals of the assessee (s) in ITA Nos

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

3) read with section 153A of the Act. Considering the fact that assessee had declared additional income in the return filed u/s 153A of the Act, the learned Assessing Officer initiated the penalty proceedings u/s 270A of the Act for alleged under reporting of income. However, the assessee filed an application belatedly u/s 270AA of the Act for grant

BISHWANATH PRASAD,MUZAFFARPUR vs. AC/DCIT CENTRAL CIRCLE, MUZAFFARPUR

In the result, all the appeals of the assessee (s) in ITA Nos

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

3) read with section 153A of the Act. Considering the fact that assessee had declared additional income in the return filed u/s 153A of the Act, the learned Assessing Officer initiated the penalty proceedings u/s 270A of the Act for alleged under reporting of income. However, the assessee filed an application belatedly u/s 270AA of the Act for grant

NAND KUMAR PRASAD SAH,MUZAFFARPUR vs. AC/DCIT CENTRAL CIRCLE, MUZAFFARPUR

In the result, all the appeals of the assessee (s) in ITA Nos

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

3) read with section 153A of the Act. Considering the fact that assessee had declared additional income in the return filed u/s 153A of the Act, the learned Assessing Officer initiated the penalty proceedings u/s 270A of the Act for alleged under reporting of income. However, the assessee filed an application belatedly u/s 270AA of the Act for grant

BISHWANATH PRASAD,MUZAFFARPUR vs. AC/DCIT CENTRAL CIRCLE, MUZAFFARPUR

In the result, all the appeals of the assessee (s) in ITA Nos

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

3) read with section 153A of the Act. Considering the fact that assessee had declared additional income in the return filed u/s 153A of the Act, the learned Assessing Officer initiated the penalty proceedings u/s 270A of the Act for alleged under reporting of income. However, the assessee filed an application belatedly u/s 270AA of the Act for grant

BISHWANATH PRASAD,MUZAFFARPUR vs. AC/DCIT CENTRAL CIRCLE, MUZAFFARPUR

In the result, all the appeals of the assessee (s) in ITA Nos

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

3) read with section 153A of the Act. Considering the fact that assessee had declared additional income in the return filed u/s 153A of the Act, the learned Assessing Officer initiated the penalty proceedings u/s 270A of the Act for alleged under reporting of income. However, the assessee filed an application belatedly u/s 270AA of the Act for grant

M/S VATSA CONSTRUCTION PVT LTD.,PATNA vs. ACIT, CIRCLE-2, PATNA

In the result, the appeals of the assessee are allowed

Bench: Sh. N. K. Sainiita No. 09/Pat./2017 : Asstt. Year : 2007-08 Ita No. 10/Pat./2017 : Asstt. Year : 2007-08 M/S Vatsa Constructions Pvt. Vs Asstt. Commissioner Of Income Tax, Ltd., Kasturba Path, North S.K. Circle-2, Puri, Patna-800013 Patna (Appellant) (Respondent) Pan No. Aabcv2236R Assessee By : Sh. Rakesh Kumar, Adv. Revenue By : Sh. Kausik Kumar Das, Sr. Dr Date Of Hearing : 13.03.2018 Date Of Pronouncement : 15.03.2018 Order These Two Appeals By The Assessee Are Directed Against The Separate Orders Each Dated 06.10.2016 Of Ld. Cit(A)-1, Patna.

section 271(1).” ITA Nos. 09 & 10/Pat./2017 4 Vatsa Construction 10. We, therefore, by respectfully following the ratio laid down in the aforesaid referred to cases delete the penalty levied by the AO u/s 271(1)(c) of the Act and sustained by the ld. CIT(A). 11. In ITA No. 10/Pat./2017, the only grievance of the assessee