M/S. CENTRAL COALFIELDS LTD.,,RANCHI vs. DCIT CIRCLE-1, RANCHI

In the result, appeal of the assessee is allowed and the appeal of the revenue\nis dismissed

U/s 274 r.w.s 271(1)(c)\nwas an invalid notice if the specific fault for which the penalty proceeding was\ninitiated has not been rightly specified. The Ld. Counsel also stated that\nHon'ble Supreme Court in multiple cases have dismissed the SLP filed by the\nrevenue department on this issue and upheld the decisions of the Hon'ble\nHigh

M/S. CENTRAL COALFIELDS LTD.,,RANCHI vs. DCIT CIRCLE-1, RANCHI

In the result, appeal of the assessee is allowed and the appeal of the revenue is dismissed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahaym/S Central Coalfields Ltd., D.C.I.T., Darbhanga House, Kutchery Road, Circle-1, Vs. Ranchi-834001 (Jharkhand) Ranchi. Pan No. Aaacc 7476 R Appellant/ Assessee Respondent/ Revenue D.C.I.T., Central Coalfield Ltd., Circle-1, 4Th Floor, Central Revenue Building Vs. Ranchi. Annexee, 5A, Main Road, Ranchi-834001 (Jharkhand) Pan No. Aaacc 7476 R Appellant/ Revenue Respondent/ Assessee

income and all facts relating to same had been disclosed by assessee, penalty could not have been imposed. As such the penalty imposed only on additions/ disallowance of expenses on difference of opinion is unjustified, arbitrary and illegal. 5. For that the penalty u/s 271(1)(c) as imposed by AO & sustained by CIT (A) on disallowances of following expenses

DCIT,CIRCLE-1,RANCHI, RANCHI vs. CENTRAL COALFIELD LTD, RANCHI

In the result, appeal of the assessee is allowed and the appeal of the revenue is dismissed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahaym/S Central Coalfields Ltd., D.C.I.T., Darbhanga House, Kutchery Road, Circle-1, Vs. Ranchi-834001 (Jharkhand) Ranchi. Pan No. Aaacc 7476 R Appellant/ Assessee Respondent/ Revenue D.C.I.T., Central Coalfield Ltd., Circle-1, 4Th Floor, Central Revenue Building Vs. Ranchi. Annexee, 5A, Main Road, Ranchi-834001 (Jharkhand) Pan No. Aaacc 7476 R Appellant/ Revenue Respondent/ Assessee

income and all facts relating to same had been disclosed by assessee, penalty could not have been imposed. As such the penalty imposed only on additions/ disallowance of expenses on difference of opinion is unjustified, arbitrary and illegal. 5. For that the penalty u/s 271(1)(c) as imposed by AO & sustained by CIT (A) on disallowances of following expenses

M/S. CENTRAL COALFIELDS LTD.,,RANCHI vs. DCIT CIRCLE-1, RANCHI

In the result, appeal of the assessee is allowed and the appeal of the revenue is dismissed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahayd.C.I.T., Central Coalfield Ltd., Circle-1, 4Th Floor, Central Revenue Building Vs. Ranchi. Annexee, 5A, Main Road, Ranchi-834001 (Jharkhand) Pan No. Aaacc 7476 R Appellant/ Revenue Respondent/ Assessee M/S Central Coalfields Ltd., D.C.I.T., Darbhanga House, Kutchery Road, Circle-1, Vs. Ranchi-834001 (Jharkhand) Ranchi. Pan No. Aaacc 7476 R Appellant/ Assessee Respondent/ Revenue

U/s 274 r.w.s 271(1)(c) was an invalid notice if the specific fault for which the penalty proceeding was initiated has not been rightly specified. The Ld. Counsel also stated that Hon'ble Supreme Court in multiple cases have dismissed the SLP filed by the revenue department on this issue and upheld the decisions of the Hon’ble High

DCIT,CIRCLE-1,RANCHI, RANCHI vs. CENTRAL COALFIELD LTD, RANCHI

In the result, appeal of the assessee is allowed and the appeal of the revenue is dismissed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahayd.C.I.T., Central Coalfield Ltd., Circle-1, 4Th Floor, Central Revenue Building Vs. Ranchi. Annexee, 5A, Main Road, Ranchi-834001 (Jharkhand) Pan No. Aaacc 7476 R Appellant/ Revenue Respondent/ Assessee M/S Central Coalfields Ltd., D.C.I.T., Darbhanga House, Kutchery Road, Circle-1, Vs. Ranchi-834001 (Jharkhand) Ranchi. Pan No. Aaacc 7476 R Appellant/ Assessee Respondent/ Revenue

U/s 274 r.w.s 271(1)(c) was an invalid notice if the specific fault for which the penalty proceeding was initiated has not been rightly specified. The Ld. Counsel also stated that Hon'ble Supreme Court in multiple cases have dismissed the SLP filed by the revenue department on this issue and upheld the decisions of the Hon’ble High

DCIT,CIRCLE-1,RANCHI, RANCHI vs. CENTRAL COALFIELDS LIMITED, RANCHI

In the result, appeal of the assessee is allowed and the appeal of the revenue is dismissed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahaym/S Central Coalfields Ltd., D.C.I.T., Darbhanga House, Kutchery Road, Circle-1, Vs. Ranchi-834001 (Jharkhand) Ranchi. Pan No. Aaacc 7476 R Appellant/ Assessee Respondent/ Revenue D.C.I.T., Central Coalfield Ltd., Circle-1, 4Th Floor, Central Revenue Building Vs. Ranchi. Annexee, 5A, Main Road, Ranchi-834001 (Jharkhand) Pan No. Aaacc 7476 R Appellant/ Revenue Respondent/ Assessee

U/s 274 r.w.s 271(1)(c) was an invalid notice if the specific fault for which the penalty proceeding was initiated has not been rightly specified. The Ld. Counsel also stated that Hon'ble Supreme Court in multiple cases have dismissed the SLP filed by the revenue department on this issue and upheld the decisions of the Hon’ble High

M/S. CENTRAL COALFIELDS LTD.,,RANCHI vs. DCIT CIRCLE-1, RANCHI

In the result, appeal of the assessee is allowed and the appeal of the revenue is dismissed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahaym/S Central Coalfields Ltd., D.C.I.T., Darbhanga House, Kutchery Road, Circle-1, Vs. Ranchi-834001 (Jharkhand) Ranchi. Pan No. Aaacc 7476 R Appellant/ Assessee Respondent/ Revenue D.C.I.T., Central Coalfield Ltd., Circle-1, 4Th Floor, Central Revenue Building Vs. Ranchi. Annexee, 5A, Main Road, Ranchi-834001 (Jharkhand) Pan No. Aaacc 7476 R Appellant/ Revenue Respondent/ Assessee

U/s 274 r.w.s 271(1)(c) was an invalid notice if the specific fault for which the penalty proceeding was initiated has not been rightly specified. The Ld. Counsel also stated that Hon'ble Supreme Court in multiple cases have dismissed the SLP filed by the revenue department on this issue and upheld the decisions of the Hon’ble High

DCIT,CIRCLE-1,RANCHI, RANCHI vs. CENTRAL COALFIELD LTD, RANCHI

In the result, appeal of the assessee is allowed and the appeal of the revenue is dismissed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahaym/S Central Coalfields Ltd., D.C.I.T., Darbhanga House, Kutchery Road, Circle-1, Vs. Ranchi-834001 (Jharkhand) Ranchi. Pan No. Aaacc 7476 R Appellant/ Assessee Respondent/ Revenue D.C.I.T., Central Coalfield Ltd., Circle-1, 4Th Floor, Central Revenue Building Vs. Ranchi. Annexee, 5A, Main Road, Ranchi-834001 (Jharkhand) Pan No. Aaacc 7476 R Appellant/ Revenue Respondent/ Assessee

U/s 274 r.w.s 271(1)(c) was an invalid notice if the specific fault for which the penalty proceeding was initiated has not been rightly specified. The Ld. Counsel also stated that Hon'ble Supreme Court in multiple cases have dismissed the SLP filed by the revenue department on this issue and upheld the decisions of the Hon’ble High

M/S. CENTRAL COALFIELDS LTD.,,RANCHI vs. DCIT CIRCLE-1, RANCHI

In the result, appeal of the assessee is allowed and the appeal of the revenue is dismissed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahaym/S Central Coalfields Ltd., D.C.I.T., Darbhanga House, Kutchery Road, Circle-1, Vs. Ranchi-834001 (Jharkhand) Ranchi. Pan No. Aaacc 7476 R Appellant/ Assessee Respondent/ Revenue D.C.I.T., Central Coalfield Ltd., Circle-1, 4Th Floor, Central Revenue Building Vs. Ranchi. Annexee, 5A, Main Road, Ranchi-834001 (Jharkhand) Pan No. Aaacc 7476 R Appellant/ Revenue Respondent/ Assessee

U/s 274 r.w.s 271(1)(c) was an invalid notice if the specific fault for which the penalty proceeding was initiated has not been rightly specified. The Ld. Counsel also stated that Hon'ble Supreme Court in multiple cases have dismissed the SLP filed by the revenue department on this issue and upheld the decisions of the Hon’ble High

DCIT,CIRCLE-1,RANCHI, RANCHI vs. CENTRAL COALFIELDS LTD, RANCHI

In the result, appeal of the assessee is allowed and the appeal of the revenue is dismissed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahaym/S Central Coalfields Ltd., D.C.I.T., Darbhanga House, Kutchery Road, Circle-1, Vs. Ranchi-834001 (Jharkhand) Ranchi. Pan No. Aaacc 7476 R Appellant/ Assessee Respondent/ Revenue D.C.I.T., Central Coalfield Ltd., Circle-1, 4Th Floor, Central Revenue Building Vs. Ranchi. Annexee, 5A, Main Road, Ranchi-834001 (Jharkhand) Pan No. Aaacc 7476 R Appellant/ Revenue Respondent/ Assessee

U/s 274 r.w.s 271(1)(c) was an invalid notice if the specific fault for which the penalty proceeding was initiated has not been rightly specified. The Ld. Counsel also stated that Hon'ble Supreme Court in multiple cases have dismissed the SLP filed by the revenue department on this issue and upheld the decisions of the Hon’ble High

DCIT,CIRCLE-1RANCHI, RANCHI vs. CENTRAL COALFIELD LTD, RANCHI

In the result, appeal of the assessee is allowed and the appeal of the revenue is dismissed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahayd.C.I.T., Central Coalfield Ltd., Circle-1, 4Th Floor, Central Revenue Building Vs. Ranchi. Annexee, 5A, Main Road, Ranchi-834001 (Jharkhand) Pan No. Aaacc 7476 R Appellant/ Revenue Respondent/ Assessee M/S Central Coalfields Ltd., D.C.I.T., Darbhanga House, Kutchery Road, Circle-1, Vs. Ranchi-834001 (Jharkhand) Ranchi. Pan No. Aaacc 7476 R Appellant/ Assessee Respondent/ Revenue

U/s 274 r.w.s 271(1)(c) was an invalid notice if the specific fault for which the penalty proceeding was initiated has not been rightly specified. The Ld. Counsel also stated that Hon'ble Supreme Court in multiple cases have dismissed the SLP filed by the revenue department on this issue and upheld the decisions of the Hon’ble DCIT

M/S. CENTRAL COALFIELDS LTD.,,RANCHI vs. DCIT CIRCLE-1, RANCHI

In the result, appeal of the assessee is allowed and the appeal of the revenue is dismissed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahayd.C.I.T., Central Coalfield Ltd., Circle-1, 4Th Floor, Central Revenue Building Vs. Ranchi. Annexee, 5A, Main Road, Ranchi-834001 (Jharkhand) Pan No. Aaacc 7476 R Appellant/ Revenue Respondent/ Assessee M/S Central Coalfields Ltd., D.C.I.T., Darbhanga House, Kutchery Road, Circle-1, Vs. Ranchi-834001 (Jharkhand) Ranchi. Pan No. Aaacc 7476 R Appellant/ Assessee Respondent/ Revenue

U/s 274 r.w.s 271(1)(c) was an invalid notice if the specific fault for which the penalty proceeding was initiated has not been rightly specified. The Ld. Counsel also stated that Hon'ble Supreme Court in multiple cases have dismissed the SLP filed by the revenue department on this issue and upheld the decisions of the Hon’ble DCIT

M/S. CENTRAL COALFIELDS LTD.,,RANCHI vs. DCIT CIRCLE-1, RANCHI

In the result, appeal of the assessee is allowed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahaym/S Central Coalfields Ltd., D.C.I.T., Darbhanga House, Kutchery Road, Circle-1, Vs. Ranchi-834001 (Jharkhand) Ranchi. Pan No. Aaacc 7476 R Appellant/ Assessee Respondent/ Revenue

U/s 274 r.w.s 271(1)(c) was an invalid notice if the specific fault for which the penalty proceeding was initiated has not been rightly specified. The Ld. Counsel also stated that Hon'ble Supreme Court in multiple cases have dismissed the SLP filed by the revenue department on this issue and upheld the decisions of the Hon’ble High

JOKHIRAM DURGADUTT,RANCHI vs. DCIT, CIRCLE-1, RANCHI

In the result, this appeal of the assessee is allowed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahayjokhiram Durgadutt, D.C.I.T., 9, J.D. Corporate, Behind J.D. High Circle-1, Vs. Street, Main Road, Ranchi-834001 Ranchi. (Jharkhand) Pan No. Aabfj 2200 Q Appellant/ Assessee Respondent/ Revenue

penalty of Rs. 21,12,388/- u/s 271(1)(c) and the ld. CIT(A) is not justified in upholding the same. 3. That the other and further grounds shall be urged at the time of hearing." 2. Facts of the case, in brief, are that the assessment in this case was completed under Section 143(3) of the Income

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, RANCHI, RANCHI vs. SHRI KAMAL BHUSHAN, RANCHI

In the result, appeal filed by the revenue is dismissed and the cross objection of the assessee is allowed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay

U/s 271(1)(c) r.w Expl 5A are being separately initiated for concealment of income and furnishing inaccurate particulars of income." No specific reason was mentioned by AO against the addition made nor was there any discussion made by AO regarding penalty proceedings upon the disclosure made. As such, the order imposing penalty

SRI AJAY KUMAR ,HAZARIBAGH vs. ITO WARD-1(1), HAZARIBAGH

In the result, the appeal of the assessee in ITA NO

Bench: Shri S.S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.243/Ran/2016 आयकरअपीलसं./Ita No.207/Ran/2017 ("नधा"रणवष" / Assessment Year:2009-10)

271(1)(c ) of the Income Tax Act, 1961 (in short the “Act”). 2. First we shall take assessee’s appeal in ITA NO. 243/Ran/2016 for A.Y. 2009- 10. 3. The Grounds of appeal raised by the assessee are as follows: 1. Assessing officer does not consider sale of land as business income instead of capital gain, he is also

SHRI AJAY KUMARS/O SHRI KISAN BHAGWAT,HAZARIBAGH vs. ITO WARD-2(5), HAZARIBAGH

In the result, the appeal of the assessee in ITA NO

Bench: Shri S.S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.243/Ran/2016 आयकरअपीलसं./Ita No.207/Ran/2017 ("नधा"रणवष" / Assessment Year:2009-10)

271(1)(c ) of the Income Tax Act, 1961 (in short the “Act”). 2. First we shall take assessee’s appeal in ITA NO. 243/Ran/2016 for A.Y. 2009- 10. 3. The Grounds of appeal raised by the assessee are as follows: 1. Assessing officer does not consider sale of land as business income instead of capital gain, he is also

M/S EKLAVYA ESTATE PVT.LTD.,RANCHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, RANCHI, RANCHI

In the result, this appeal of the assessee is allowed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahaym/S Eklavya Estate Pvt. Ltd., D.C.I.T., H-95, Harmu Housing Colony, Central Circle-2, Vs. Ranchi-834002 (Jharkhand) Ranchi. Pan No. Aabce 5815 F Appellant/ Assessee Respondent/ Revenue

business premises at H-95, Harmu housing Colony, Ranchi. During the course of survey, several incriminating documents marked as EEPL-01 to EPPL-15 were impounded and inventorised from the said premises. However, during the course of survey, no books of account were found to be maintained by the assessee company. Accordingly, the Assessing Officer estimated the income