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 69 but made a new addition on\naccount of valuation of stock. On this addition made by the CIT(A), the AO\nimposed penalty. As the issue on which Penalty was initiated was deleted in\nappeal, the penalty proceeding initiated by the AO lost sanctity. The initiation\nof penalty would have been justified had the CITIA) initiated the same

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

16,22,000/- (ix) Provisions for Executive Salary revision ₹ 1,25,10,67,000/- Total Additions/Disallowances ₹ 2,06,13,64,500/- The penalty proceedings under Section 271(1)(c) of the Act were separately initiated with the issue of notice under Section 274 read with section 271(1)(c) of the Act and finally, the Assessing Officer vide the impugned

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

16,22,000/- (ix) Provisions for Executive Salary revision ₹ 1,25,10,67,000/- Total Additions/Disallowances ₹ 2,06,13,64,500/- The penalty proceedings under Section 271(1)(c) of the Act were separately initiated with the issue of notice under Section 274 read with section 271(1)(c) of the Act and finally, the Assessing Officer vide the impugned

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 69 but made a new addition on account of valuation of stock. On this addition made by the CIT(A), the AO imposed penalty. As the issue on which Penalty was initiated was deleted in appeal, the penalty proceeding initiated by the AO lost sanctity. The initiation of penalty would have been justified had the CITIA) initiated the same

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 69 but made a new addition on account of valuation of stock. On this addition made by the CIT(A), the AO imposed penalty. As the issue on which Penalty was initiated was deleted in appeal, the penalty proceeding initiated by the AO lost sanctity. The initiation of penalty would have been justified had the CITIA) initiated the same

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 69 but made a new addition on account of valuation of stock. On this addition made by the CIT(A), the AO imposed penalty. As the issue on which Penalty was initiated was deleted in appeal, the penalty proceeding initiated by the AO lost sanctity. The initiation of penalty would have been justified had the CITIA) initiated the same

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 69 but made a new addition on account of valuation of stock. On this addition made by the CIT(A), the AO imposed penalty. As the issue on which Penalty was initiated was deleted in appeal, the penalty proceeding initiated by the AO lost sanctity. The initiation of penalty would have been justified had the CITIA) initiated the same

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 69 but made a new addition on account of valuation of stock. On this addition made by the CIT(A), the AO M/s CCL Vs DCIT & 1 Anr. imposed penalty. As the issue on which Penalty was initiated was deleted in appeal, the penalty proceeding initiated by the AO lost sanctity. The initiation of penalty would have been justified

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 69 but made a new addition on account of valuation of stock. On this addition made by the CIT(A), the AO M/s CCL Vs DCIT & 1 Anr. imposed penalty. As the issue on which Penalty was initiated was deleted in appeal, the penalty proceeding initiated by the AO lost sanctity. The initiation of penalty would have been justified

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 69 but made a new addition on account of valuation of stock. On this addition made by the CIT(A), the AO M/s CCL Vs DCIT & 1 Anr. imposed penalty. As the issue on which Penalty was initiated was deleted in appeal, the penalty proceeding initiated by the AO lost sanctity. The initiation of penalty would have been justified

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 69 but made a new addition on account of valuation of stock. On this addition made by the CIT(A), the AO imposed penalty. As the issue on which Penalty was initiated was deleted in appeal, the penalty proceeding initiated by the AO lost sanctity. The initiation of penalty would have been justified had the CITIA) initiated the same

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 69 but made a new addition on account of valuation of stock. On this addition made by the CIT(A), the AO imposed penalty. As the issue on which Penalty was initiated was deleted in appeal, the penalty proceeding initiated by the AO lost sanctity. The initiation of penalty would have been justified had the CITIA) initiated the same

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 69 but made a new addition on account of valuation of stock. On this addition made by the CIT(A), the AO imposed penalty. As the issue on which Penalty was initiated was deleted in appeal, the penalty proceeding initiated by the AO lost sanctity. The initiation of penalty would have been justified had the CITIA) initiated the same

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

CRYSTAL THERMOTECH PVT.LTD.,KOLKATA vs. DEPUTY COMMISSIONER PF INCOME TAX, CENTRAL CIRCLE, JAMSHEDPUR, JAMSHEDPUR

In the result, this appeal filed by the assessee is allowed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay

u/s 271(1)(c) should had been levied, hence, the impugned order levying penalty of Rs. 16,80,490/- needs to be quashed. 2. That the very initiation of penalty is bad in law as the Ld. AO has failed to record a proper or transparent satisfaction in his notice while initiating proceedings under section

JITENDRA SINGH,JAMSHEDPUR vs. DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, JAMSHEDPUR, JAMSHEDPUR

In the result, the grounds of appeal raised by the assessee are allowed for statistical purposes

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay

16. In this appeal, the appellant has raised following grounds of appeal: "1. For that the initiation of penalty proceedings vide notice dated 19/12/2017 is bad in law to the extent that the relevant portion or the reasons for initiation of penalty has not been specified. Notice issued U/s 274 read with section 271

SRI AJAY KUMAR MURARKA,JAMSHEDPUR vs. ACIT,CIRCLE-1(1),, JAMSHEDPUR

In the result, appeal of the assessee is allowed

Bench: Shri Sonjoy Sarma & Shri Girish Agrawal

16. Now, we take up the appeal vide ITA No. 202/Ran/2019 against penalty imposed u/s. 271(1)(c) of the Act. It is important to note that penalty imposable u/s. 271(1)(c) is dependent upon the amount of tax sought to be evaded as 11 ITA No.56/Ran/2019 & ITA No.202/Ran/2019 Ajay Kumar Murarka, AY: 2011-12 contained in Explanation

SRI AJAY KUMAR MURARKA,JAMSHEDPUR vs. ACIT, JAMSHEDPUR

In the result, appeal of the assessee is allowed

Bench: Shri Sonjoy Sarma & Shri Girish Agrawal

16. Now, we take up the appeal vide ITA No. 202/Ran/2019 against penalty imposed u/s. 271(1)(c) of the Act. It is important to note that penalty imposable u/s. 271(1)(c) is dependent upon the amount of tax sought to be evaded as 11 ITA No.56/Ran/2019 & ITA No.202/Ran/2019 Ajay Kumar Murarka, AY: 2011-12 contained in Explanation