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

section 271(1)(c) penalty proceedings had been initiated, i.e., the notice failed to specify whether the penalty was imposed for concealment of income, furnishing inaccurate particulars, or both. As such the entire penalty proceeding is void-ab-initio and liable to be quashed. 4. For that Ld. AO and the Ld. CIT(A) have erred on facts

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

Section 271(1)(c) of the Act dated 30/11/2017 on the ground that "the assessee company has furnished inaccurate particulars of income and to that extent it has concealed its income." 3. Aggrieved by the said penalty order, the assessee company filed appeal before the ld. CIT(A), who vide its impugned order partly allowed the appeal by reducing

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

Section 271(1)(c) of the Act dated 30/11/2017 on the ground that "the assessee company has furnished inaccurate particulars of income and to that extent it has concealed its income." 3. Aggrieved by the said penalty order, the assessee company filed appeal before the ld. CIT(A), who vide its impugned order partly allowed the appeal by reducing

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

Section 271(1)(c) of the Act dated 04/12/2017 on the ground that "the assessee company has furnished inaccurate particulars of income and to that extent it has concealed its income." 3. Aggrieved by the said penalty order, the assessee company filed appeal before the ld. CIT(A), who vide its impugned order partly allowed the appeal by reducing

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

Section 271(1)(c) of the Act dated 04/12/2017 on the ground that "the assessee company has furnished inaccurate particulars of income and to that extent it has concealed its income." 3. Aggrieved by the said penalty order, the assessee company filed appeal before the ld. CIT(A), who vide its impugned order partly allowed the appeal by reducing

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

Section 271(1)(c) of the Act dated 30/11/2017 on the ground that "the assessee company has furnished inaccurate particulars of income and to that extent it has concealed its income." 3. Aggrieved by the said penalty order, the assessee company filed appeal before the ld. CIT(A), who vide its impugned order partly allowed the appeal by reducing

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

Section 271(1)(c) of the Act dated 30/11/2017 on the ground that "the assessee company has furnished inaccurate particulars of income and to that extent it has concealed its income." 3. Aggrieved by the said penalty order, the assessee company filed appeal before the ld. CIT(A), who vide its impugned order partly allowed the appeal by reducing

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

Section 271(1)(c) of the Act dated 30/11/2017 on the ground that "the assessee company has furnished inaccurate particulars of income and to that extent it has concealed its income." 3. Aggrieved by the said penalty order, the assessee company filed appeal before the ld. CIT(A), who vide its impugned order partly allowed the appeal by reducing

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

Section 271(1)(c) of the Act dated 30/11/2017 on the ground that "the assessee company has furnished inaccurate particulars of income and to that extent it has concealed its income." 3. Aggrieved by the said penalty order, the assessee company filed appeal before the ld. CIT(A), who vide its impugned order partly allowed the appeal by reducing

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

Section 271(1)(c) of the Act dated 30/11/2017 on the ground that "the assessee company has furnished inaccurate particulars of income and to that extent it has concealed its income." 3. Aggrieved by the said penalty order, the assessee company filed appeal before the ld. CIT(A), who vide its impugned order partly allowed the appeal by reducing

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

73,15,000/- expenses (vi) Mines development expenses ₹ 1,63,23,000/- (vii) CMPDIL Expenses ₹ 18,36,39,000/- (viii) IICM charges ₹ 2,20,00,000/- (ix) Provisions towards NCWA-VIII ₹ 2,13,49,00,000/- Total Additions/Disallowances ₹ 2,56,30,71,000/- The penalty proceedings under Section 271(1)(c) of the Act were separately initiated with the issue

SHRI NAVNEET MODI,RANCHI vs. DCIT,CIRCLE-2, RANCHI

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Shri Rajesh Kumari.T.A. No.53/Ran/2019 Assessment Year: 2013-14 Shri Navneet Modi….…..…………..…...…......................……...…..….. Appellant Modi House, Kanke Dam Side Road, Kanke, Ranchi-834008. [Pan: Actpm1511F] Vs. Dcit, Circle-2, Ranchi.………………………….……….…………….. Respondent Appearances By: Shri Devesh Poddar, Adv., Appeared On Behalf Of The Appellant. Shri Pranob Kumar Koley, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 28, 2023 Date Of Pronouncing The Order : April 28, 2023 Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 03.10.2018 Of The Commissioner Of Income Tax (Appeals), Ranchi [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’).

u/s 271(1)(c) of the Act is vague and nothing had been discussed in the said penalty order as to how and on what account the penalty is leviable in the case of the assessee in respect of each item of addition. The ld. counsel has also relied upon the decision of the Coordinate Bench of the Tribunal

SRI SAURABH TIWARY,JAMSHEDPUR vs. ACIT CIR-3 , JAMSHEDPUR

In the result, appeal of the assessee is allowed

Bench: S/Shri N.S Saini & Pavan Kumar Gadale

section 271(1)(c) of the Act. He also referred to the content of the penalty notice and submitted that the Assessing Officer in the said notice has stated as under: “ it appears that you have concealed the particulars of your income or furnished inaccurate particulars of such income.” 4. Thus, it is not clear from the said notice issued

SHRI NIRANJAN KUMAR AGARWAL,DHANBAD vs. ITO WD-2(1), DHANBAD

In the result, appeal of the assessee is allowed

Bench: Shri N.S Saini

section 142(1) / 143(2) of the Income-tax Act, 1961. ***have concealed the particulars of your income or furnished in accurate particulars of such income. You are hereby requested to appear before me at 3.30 PM on 21.1.2016 and show cause why an order imposing a penalty on you should not be made u/s 271 of the Income

SRI BENGALI PRASAD ,WEST SINGHBHUM vs. DCIT CENTRAL CIRCLE-1, RANCHI

In the result, appeal of the assessee is allowed

Bench: Shri Chandra Mohan Gargआयकर अऩीऱ सं./Ita No.152/Ran/2018 (नििाारण वषा / Assessment Year :2006-2007) Sri Bengali Prasad, Vs. Dcit, Central Circle-1, Noamundi, Ranchi West Singhbhum-833221 स्थायी ऱेखा सं./ जीआइआर सं./ Pan/Gir No. : Ainpp 3529 J (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधागररती की ओर से /Assessee By :Shri Devesh Poddar, Advocate राजस्व की ओर से /Revenue By : Shri P.K.Mondal, Acit(Dr) सुनवाई की तारीख / Date Of Hearing : 21/05/2019 घोषणा की तारीख/Date Of Pronouncement 21/05/2019 आदेश / O R D E R This Appeal Has Been Filed By The Assessee Against The Order Of Commissioner Of Income Tax (Appeals), Patna-3, Dated 27.03.2018 For The Assessment Year 2006-2007. 2. The Sole Issue Involved In This Appeal Is That The Cit(A) Erred In Confirming The Action Of The Assessing Officer In Levying Penalty U/S.271(1)(C) Of The Act Of Rs.91,155/-. 3. At The Outset, Ld Authorised Representative Of The Assessee Filed Before Us Copy Of Notice Issued U/S.274 R.W.S.271(1)(C) Of The Act Dated 28.12.2011, Copy Of Which Is Placed On Record & Pointed Out Therefrom That In The Said Notice, The Assessing Officer Has Stated As Under: "Whereas In The Course Of Proceedings Before Me For The Assessment Year 2006-07, It Appears To Me That You:- ................

73 taxmann.com 248(SC) dismissed the Special Leave Petition filed by the Revenue against the judgment rendered by Hon'ble 3 High Court of Karnataka whereby identical issue was decided in favour of the assessee. Operative part of the judgment in case of M/s. SSA's Emerald Meadows (supra) decided by Hon'ble High Court of Karnataka is reproduced below

SRI VIJAY PRASAD ,WEST SINGHBHUM vs. DCIT C.C.-1 , RANCHI

In the result, appeal of the assessee is allowed

Bench: Shri Chandra Mohan Gargआयकर अऩीऱ सं./Ita No.155/Ran/2018 (नििाारण वषा / Assessment Year :2008-2009) Sri Vijay Prasad, Vs. Dcit, Central Circle-1, 2Rf/68, Russi Modi Gate, Ranchi Near Sbi Atm, Noamundi, West Singhbhum-833221 स्थायी ऱेखा सं./ जीआइआर सं./ Pan/Gir No. : Ailpp 0228 L (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधागररती की ओर से /Assessee By :Shri Devesh Poddar, Advocate राजस्व की ओर से /Revenue By : Shri P.K.Mondal, Acit(Dr) सुनवाई की तारीख / Date Of Hearing : 21/05/2019 घोषणा की तारीख/Date Of Pronouncement 21/05/2019 आदेश / O R D E R This Appeal Has Been Filed By The Assessee Against The Order Of Commissioner Of Income Tax (Appeals), Patna-3, Dated 16.03.2018 For The Assessment Year 2008-2009. 2. The Sole Issue Involved In This Appeal Is That The Cit(A) Erred In Confirming The Action Of The Assessing Officer In Levying Penalty U/S.271(1)(C) Of The Act Of Rs.73,714/-. 3. At The Outset, Ld Authorised Representative Of The Assessee Filed Before Us Copy Of Notice Issued U/S.274 R.W.S.271(1)(C) Of The Act Dated 28.12.2011, Copy Of Which Is Placed On Record & Pointed Out Therefrom That In The Said Notice, The Assessing Officer Has Stated As Under: "Whereas In The Course Of Proceedings Before Me For The Assessment Year 2008-09, It Appears To Me That You:- ................

73 taxmann.com 248(SC) dismissed the Special Leave Petition filed by the Revenue against the judgment rendered by Hon'ble 3 High Court of Karnataka whereby identical issue was decided in favour of the assessee. Operative part of the judgment in case of M/s. SSA's Emerald Meadows (supra) decided by Hon'ble High Court of Karnataka is reproduced below

SRI SANJAY PRASAD ,WEST SINGHBHUM vs. DCIT C.C.-1 , RANCHI

In the result, appeal of the assessee is allowed

Bench: Shri Chandra Mohan Gargआयकर अऩीऱ सं./Ita No.158/Ran/2018 (नििाारण वषा / Assessment Year :2009-2010) Sri Sanjay Prasad, Vs. Dcit, Central Circle-1, D/Lg-70, Choudhary Ranchi Madhusudan Complex, Dimna Road, Mango, Wests Singhbhum-831012 स्थायी ऱेखा सं./ जीआइआर सं./ Pan/Gir No. : Ailpp 0209 R (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधागररती की ओर से /Assessee By :Shri Devesh Poddar, Advocate राजस्व की ओर से /Revenue By : Shri P.K.Mondal, Acit(Dr) सुनवाई की तारीख / Date Of Hearing : 21/05/2019 घोषणा की तारीख/Date Of Pronouncement 21/05/2019 आदेश / O R D E R This Appeal Has Been Filed By The Assessee Against The Order Of Commissioner Of Income Tax (Appeals), Patna-3, Dated 26.03.2018 For The Assessment Year 2009-2010. 2. The Sole Issue Involved In This Appeal Is That The Cit(A) Erred In Confirming The Action Of The Assessing Officer In Levying Penalty U/S.271(1)(C) Of The Act Of Rs.1,32,118/-. 3. At The Outset, Ld Authorised Representative Of The Assessee Filed Before Us Copy Of Notice Issued U/S.274 R.W.S.271(1)(C) Of The Act Dated 31.12.2011, Copy Of Which Is Placed On Record & Pointed Out Therefrom That In The Said Notice, The Assessing Officer Has Stated As Under: "Whereas In The Course Of Proceedings Before Me For The Assessment Year 2009-10, It Appears To Me That You:-

73 taxmann.com 248(SC) dismissed the Special Leave 3 Petition filed by the Revenue against the judgment rendered by Hon'ble High Court of Karnataka whereby identical issue was decided in favour of the assessee. Operative part of the judgment in case of M/s. SSA's Emerald Meadows (supra) decided by Hon'ble High Court of Karnataka is reproduced below

SRI PAWAN KUMAR AGARWAL,DHANBAD vs. DCIT,CENTRAL CIRCLE-1, RANCHI

In the result, all the three appeals of the assessee are allowed

73 taxmann.com 248(SC) dismissed the Special Leave Petition filed by the Revenue against the judgment rendered by Hon'ble High Court of Karnataka whereby identical issue was decided in favour of the assessee. Operative part of the judgment in case of M/s. SSA's Emerald Meadows (supra) decided by Hon'ble High Court of Karnataka is reproduced below