CIT v. Ananda Bazar Patrika Pvt. Ltd.

116 ITR 416High Court1979#6039 most cited
19

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2025.

Sections most often in play

Section 11Section 12Section 12AASection 148Section 2(15)Section 25Section 271(1)(c)Section 271(1A)

Issues it is cited on

section 271(l)(c)penalty under section 271(1)(c)penalty u/s 271(1)(c)section 153dsection 271(1)furnishing inaccurate particularsfurnishing inaccurate particulars of incomesection 271section 271(1)(c)section 250(6)section 27section 153

Judgments citing CIT v. Ananda Bazar Patrika Pvt. Ltd.

RAJU VERMA,DEHRADUN vs. INCOME TAX OFFICE, CENTRAL CIRCLE

In the result, the appeal filed by assessee is allowed

ITA 73/DDN/2024[2011-12]Status: DisposedITAT Dehradun23 Apr 2025AY 2011-12

Bench: Shri Vimal Kumar & Shri Brajesh Kumar Singhassessment Year: 2011-12 Raju Verma, Vs. Income Tax Officer, 17/1 Curzon Road, Kotdwar Dehradun (Uttrakhand) (Uttrakhand) Pin 248 001 Pan No. Abipv8176F (Appellant) (Respondent)

For Appellant: Shri KK Juneja, AdvFor Respondent: Shri S.K. Chaterjee, CIT DR
Section 132Section 153DSection 271Section 271(1)(c)

…s noted above. This was set aside by the CIT (A). The Revenue then went in appeal before the ITAT which by the impugned order affirmed the order of the CIT (A). Relying on the decision of the Calcutta High Court in CIT v. Ananda Bazar Patrika Pvt. Ltd. (1979) 116 ITR 416 (Cal), the ITAT held that "once the basis for initiation of penalty proceedings was altered or modified by the first appellate authority, the Assessing Officer has no jurisdiction thereafter to proceed on the basis of the findings of the first appellate authority." 7. Having examined the impugned order of the ITAT and having considered the submis…

THE ITO, (EXEMPTIONS), WARD-2,, AHMEDABAD vs. THE GUJARAT INSTITUTE OF HOUSING & ESTATE DEVELOPERS,, AHMEDABAD

In the result, the appeal of the Department is allowed

ITA 1022/AHD/2017[2011-12]Status: DisposedITAT Ahmedabad08 Jan 2025AY 2011-12

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri Waghe Prasad Rao, Sr. DRFor Respondent: Shri S. N. Soparkar, Sr. Advocate
Section 11Section 12ASection 25Section 271(1)(c)

…at was changed by the Hon'ble ITAT has not been considered by the A.O at the time of levying of penalty u/s.271(1)(c) of the Act. The appellant has relied upon the judgment of CIT vs Lakhdirlalji (1972) 85 ITR 77 (Guj.) and CIT vs Anand Bazar Patrika (P) Ltd. 116 ITR 416. In both the cases it has been held that when the original basis of initiation of penalty proceedings is altered or modified by the appellate authority, the authority initiating the penalty proceedings has no jurisdiction, thereafter to proceed on the basis of findings of the appellate authority. In light of the above facts and circumstances, I a…

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, JALANDHAR vs. SHRI MADAN LAL, SHAHKOT

In the result, the appeals of the revenue bearing ITA Nos

ITA 28/ASR/2022[2013-14]Status: DisposedITAT Amritsar27 Jul 2023AY 2013-14

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 153DSection 250(6)Section 27Section 271Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR. BEFORE DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. ANIKESH BANERJEE, JUDICIAL MEMBER I.T.A. Nos.23 to 28/Asr/2022 Assessment Years: 2008-09 to 2013-14 Assistant Commissioner of Vs. Sh. Madan Lal, H. No.24, Income Tax, Central Circle-1, Model Town, Shahkot, Jalandhar. Punjab [PAN: -ABFPL4650B] (Appellant) (Respondent) Appellant by Sh. Rajiv Wadhera Sr. DR & Sh. S.R. Kaushik, CIT DR Respondent by None Date of Hearing 25.07.2023 Date of Pronouncement 27.07.2023 ORDER Per: Bench: A batch of six appeals of the revenue was filed against the order of the…

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, JALANDHAR vs. SHRI MADAN LAL, SHAHKOT

In the result, the appeals of the revenue bearing ITA Nos

ITA 27/ASR/2022[2012-13]Status: DisposedITAT Amritsar27 Jul 2023AY 2012-13

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 153DSection 250(6)Section 27Section 271Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR. BEFORE DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. ANIKESH BANERJEE, JUDICIAL MEMBER I.T.A. Nos.23 to 28/Asr/2022 Assessment Years: 2008-09 to 2013-14 Assistant Commissioner of Vs. Sh. Madan Lal, H. No.24, Income Tax, Central Circle-1, Model Town, Shahkot, Jalandhar. Punjab [PAN: -ABFPL4650B] (Appellant) (Respondent) Appellant by Sh. Rajiv Wadhera Sr. DR & Sh. S.R. Kaushik, CIT DR Respondent by None Date of Hearing 25.07.2023 Date of Pronouncement 27.07.2023 ORDER Per: Bench: A batch of six appeals of the revenue was filed against the order of the…

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, JALANDHAR vs. SHRI MADAN LAL, SHAHKOT

In the result, the appeals of the revenue bearing ITA Nos

ITA 26/ASR/2022[2011-12]Status: DisposedITAT Amritsar27 Jul 2023AY 2011-12

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 153DSection 250(6)Section 27Section 271Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR. BEFORE DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. ANIKESH BANERJEE, JUDICIAL MEMBER I.T.A. Nos.23 to 28/Asr/2022 Assessment Years: 2008-09 to 2013-14 Assistant Commissioner of Vs. Sh. Madan Lal, H. No.24, Income Tax, Central Circle-1, Model Town, Shahkot, Jalandhar. Punjab [PAN: -ABFPL4650B] (Appellant) (Respondent) Appellant by Sh. Rajiv Wadhera Sr. DR & Sh. S.R. Kaushik, CIT DR Respondent by None Date of Hearing 25.07.2023 Date of Pronouncement 27.07.2023 ORDER Per: Bench: A batch of six appeals of the revenue was filed against the order of the…

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, JALANDHAR vs. SHRI MADAN LAL, SHAHKOT

In the result, the appeals of the revenue bearing ITA Nos

ITA 25/ASR/2022[2010-11]Status: DisposedITAT Amritsar27 Jul 2023AY 2010-11

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 153DSection 250(6)Section 27Section 271Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR. BEFORE DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. ANIKESH BANERJEE, JUDICIAL MEMBER I.T.A. Nos.23 to 28/Asr/2022 Assessment Years: 2008-09 to 2013-14 Assistant Commissioner of Vs. Sh. Madan Lal, H. No.24, Income Tax, Central Circle-1, Model Town, Shahkot, Jalandhar. Punjab [PAN: -ABFPL4650B] (Appellant) (Respondent) Appellant by Sh. Rajiv Wadhera Sr. DR & Sh. S.R. Kaushik, CIT DR Respondent by None Date of Hearing 25.07.2023 Date of Pronouncement 27.07.2023 ORDER Per: Bench: A batch of six appeals of the revenue was filed against the order of the…

INCOME TAX OFFICER ( TDS) -1, JALANDHAR vs. SHRI MADAN LAL, SHAHKOT

In the result, the appeals of the revenue bearing ITA Nos

ITA 24/ASR/2022[2009-10]Status: DisposedITAT Amritsar27 Jul 2023AY 2009-10

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 153DSection 250(6)Section 27Section 271Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR. BEFORE DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. ANIKESH BANERJEE, JUDICIAL MEMBER I.T.A. Nos.23 to 28/Asr/2022 Assessment Years: 2008-09 to 2013-14 Assistant Commissioner of Vs. Sh. Madan Lal, H. No.24, Income Tax, Central Circle-1, Model Town, Shahkot, Jalandhar. Punjab [PAN: -ABFPL4650B] (Appellant) (Respondent) Appellant by Sh. Rajiv Wadhera Sr. DR & Sh. S.R. Kaushik, CIT DR Respondent by None Date of Hearing 25.07.2023 Date of Pronouncement 27.07.2023 ORDER Per: Bench: A batch of six appeals of the revenue was filed against the order of the…

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, JALANDHAR vs. SHRI MADAN LAL, SHAHKOT

In the result, the appeals of the revenue bearing ITA Nos

ITA 23/ASR/2022[2008-09]Status: DisposedITAT Amritsar27 Jul 2023AY 2008-09

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 153DSection 250(6)Section 27Section 271Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR. BEFORE DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. ANIKESH BANERJEE, JUDICIAL MEMBER I.T.A. Nos.23 to 28/Asr/2022 Assessment Years: 2008-09 to 2013-14 Assistant Commissioner of Vs. Sh. Madan Lal, H. No.24, Income Tax, Central Circle-1, Model Town, Shahkot, Jalandhar. Punjab [PAN: -ABFPL4650B] (Appellant) (Respondent) Appellant by Sh. Rajiv Wadhera Sr. DR & Sh. S.R. Kaushik, CIT DR Respondent by None Date of Hearing 25.07.2023 Date of Pronouncement 27.07.2023 ORDER Per: Bench: A batch of six appeals of the revenue was filed against the order of the…

GOLDSTAR FINVEST P.LTD,MUMBAI vs. ACIT CEN CIR 46, MUMBAI

ITA 7426/MUM/2013[2002-03]Status: DisposedITAT Mumbai28 Apr 2023AY 2002-03

Bench: Shri Kuldip Singh & Shri Om Prakash Kantassessment Year: 2002-03

For Appellant: Shri Mukesh Chokshi, A.RFor Respondent: Shri Dharmvir Yadav, D.R
Section 143(3)Section 271Section 271(1)(C)Section 271(1)(c)Section 274

…Delhi High Court in case of Pr. CIT vs. Fortune Technocomps (P) Ltd. (ITA No.313/2016) (Delhi HC) by following 8 M/s. Goldstar Finvest Pvt. Ltd. the decision rendered by the Hon’ble Kolkata High Court in case of CIT vs. Ananda Bazar Patrika Pvt. Ltd. (1979) 116 ITR 416 (Cal HC) by returning the following findings: “Wherein the Hon'ble Calcutta HC affirmed the view of the ITAT that "once the basis for initiation of penalty proceedings was altered or modified by the first appellate authority, the then Learned Assessing Officer has no jurisdiction thereafter to proceed on the basis of the findings of the first app…

RAMANIKLAL SIVJI SAVLA,MUMBAI vs. CIT (APPEALS) NFAC, MUMBAI

ITA 1527/MUM/2021[2010-11]Status: DisposedITAT Mumbai30 Nov 2022AY 2010-11

Bench: Shri Kuldip Singhassessment Year: 2010-11

For Appellant: NoneFor Respondent: Shri Rajendra Chandekar, D.R
Section 143(3)Section 145Section 147Section 271Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER Assessment Year: 2010-11 Shri Ramniklal Sivji Savla, Income Tax Officer- 74 Muljibhai Building, 19(3)(1), Khetwadi Main Road, Vs. Matru Mandir, Behind Alankar Cinema, Income Tax, Mumbai – 400 004 Mumbai – 400 007 PAN: AACPS7486C (Appellant) (Respondent) Present for: Assessee by : None Revenue by : Shri Rajendra Chandekar, D.R. Date of Hearing : 02 . 11 . 2022 Date of Pronouncement : 30 . 11 . 2022 O R D E R Per : Kuldip Singh, Judicial Member: The appellant, Shri Ramniklal Sivji Savla (hereinafter re…

OMPRAKASH G. AGARWAL,MUMBAI vs. ITO WD 18(2) (4) , MUMBAI

ITA 1779/MUM/2021[2011-12]Status: DisposedITAT Mumbai29 Apr 2022AY 2011-12
For Appellant: NoneFor Respondent: Shri C.T. Mathews, Sr. A.R
Section 143(3)Section 147Section 271Section 271(1)Section 271(1)(c)Section 274

…oceedings as has been held by Hon’ble Delhi High Court in case of Pr. CIT vs. Fortune Technocomps (P) Ltd. (ITA No.313/2016) (Delhi HC) on the line of decision rendered by the Hon’ble Kolkata High Court in case of CIT vs. Ananda Bazar Patrika Pvt. Ltd. (1979) 116 ITR 416 (Cal HC) by returning the following findings: “Wherein the Hon'ble Calcutta HC affirmed the view of the ITAT that "once the basis for initiation of penalty proceedings was altered or modified by the first appellate authority, the then Learned Assessing Officer has no jurisdiction thereafter to proceed on the basis of the findings of the first app…

ITO, WARD-3(3), THANE vs. SHRI SHAITESH DATTATRAY THAKARE, THANE

Appeal is partly allowed and ITA No

ITA 290/MUM/2021[2009-10]Status: HeardITAT Mumbai17 Mar 2022AY 2009-10

Bench: Shri Kuldip Singh & Shri Amarjit Singhassessment Year: 2009-10 & Assessment Year: 2009-10 Shri Shailesh D. Thakare Income Tax Officer, (Prop. Of Shivam Trading Ward 3(3), 6Th Floor, B – Wing, Company), K-14, New Vaity Wadi, R.No.8, Ashar It Park, Vs. Vishnu Nagar, Road No.16Z, Naupada, Wagle Estate Midc, Thane (West), Thane (W) - 400604 Mumbai – 400 602 Pan: Abzpt 0626P (Appellant) (Respondent) Assessment Year: 2009-10 & Assessment Year: 2009-10 Income Tax Officer, Shri Shailesh D. Thakare Ward 3(3), (Prop. Of Shivam Trading Room No.8, Company), 6Th Floor, B – Wing, K-14, New Vaity Wadi, Vs. Wagle Industrial Estate, Vishnu Nagar, Thane (W) - 400604 Naupada, Thane (West), Mumbai – 400 602 Pan: Abzpt 0626P (Appellant) (Respondent) Shri Shailesh D. Thakare Present For:

For Appellant: Ms. Radha Halbe, A.RFor Respondent: Shri B.K. Bagchi, D.R
Section 143(3)Section 147Section 271Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “E”, MUMBAI BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER Assessment Year: 2009-10 & Assessment Year: 2009-10 Shri Shailesh D. Thakare Income Tax Officer, (Prop. of Shivam Trading Ward 3(3), 6th Floor, B – Wing, Company), K-14, New Vaity Wadi, R.No.8, Ashar IT Park, Vs. Vishnu Nagar, Road No.16Z, Naupada, Wagle Estate MIDC, Thane (West), Thane (W) - 400604 Mumbai – 400 602 PAN: ABZPT 0626P (Appellant) (Respondent) Assessment Year: 2009-10 & Assessment Year: 2009-10 Income Tax Officer, Shri Shailesh D. Thakare Ward 3(3), (Pro…

SHAILESH D. THAKRE (PROP OF SHIVAM TRADING,MUMBAI vs. ITO WD3(3) , MUMBAI

Appeal is partly allowed and ITA No

ITA 1733/MUM/2021[2009-10]Status: DisposedITAT Mumbai17 Mar 2022AY 2009-10

Bench: Shri Kuldip Singh & Shri Amarjit Singhassessment Year: 2009-10 & Assessment Year: 2009-10 Shri Shailesh D. Thakare Income Tax Officer, (Prop. Of Shivam Trading Ward 3(3), 6Th Floor, B – Wing, Company), K-14, New Vaity Wadi, R.No.8, Ashar It Park, Vs. Vishnu Nagar, Road No.16Z, Naupada, Wagle Estate Midc, Thane (West), Thane (W) - 400604 Mumbai – 400 602 Pan: Abzpt 0626P (Appellant) (Respondent) Assessment Year: 2009-10 & Assessment Year: 2009-10 Income Tax Officer, Shri Shailesh D. Thakare Ward 3(3), (Prop. Of Shivam Trading Room No.8, Company), 6Th Floor, B – Wing, K-14, New Vaity Wadi, Vs. Wagle Industrial Estate, Vishnu Nagar, Thane (W) - 400604 Naupada, Thane (West), Mumbai – 400 602 Pan: Abzpt 0626P (Appellant) (Respondent) Shri Shailesh D. Thakare Present For:

For Appellant: Ms. Radha Halbe, A.RFor Respondent: Shri B.K. Bagchi, D.R
Section 143(3)Section 147Section 271Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “E”, MUMBAI BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER Assessment Year: 2009-10 & Assessment Year: 2009-10 Shri Shailesh D. Thakare Income Tax Officer, (Prop. of Shivam Trading Ward 3(3), 6th Floor, B – Wing, Company), K-14, New Vaity Wadi, R.No.8, Ashar IT Park, Vs. Vishnu Nagar, Road No.16Z, Naupada, Wagle Estate MIDC, Thane (West), Thane (W) - 400604 Mumbai – 400 602 PAN: ABZPT 0626P (Appellant) (Respondent) Assessment Year: 2009-10 & Assessment Year: 2009-10 Income Tax Officer, Shri Shailesh D. Thakare Ward 3(3), (Pro…

SHAILESH D. THAKARE ,THANE vs. ITO WD 3(3) , MUMBAI

Appeal is partly allowed and ITA No

ITA 1732/MUM/2021[2009-10]Status: DisposedITAT Mumbai17 Mar 2022AY 2009-10

Bench: Shri Kuldip Singh & Shri Amarjit Singhassessment Year: 2009-10 & Assessment Year: 2009-10 Shri Shailesh D. Thakare Income Tax Officer, (Prop. Of Shivam Trading Ward 3(3), 6Th Floor, B – Wing, Company), K-14, New Vaity Wadi, R.No.8, Ashar It Park, Vs. Vishnu Nagar, Road No.16Z, Naupada, Wagle Estate Midc, Thane (West), Thane (W) - 400604 Mumbai – 400 602 Pan: Abzpt 0626P (Appellant) (Respondent) Assessment Year: 2009-10 & Assessment Year: 2009-10 Income Tax Officer, Shri Shailesh D. Thakare Ward 3(3), (Prop. Of Shivam Trading Room No.8, Company), 6Th Floor, B – Wing, K-14, New Vaity Wadi, Vs. Wagle Industrial Estate, Vishnu Nagar, Thane (W) - 400604 Naupada, Thane (West), Mumbai – 400 602 Pan: Abzpt 0626P (Appellant) (Respondent) Shri Shailesh D. Thakare Present For:

For Appellant: Ms. Radha Halbe, A.RFor Respondent: Shri B.K. Bagchi, D.R
Section 143(3)Section 147Section 271Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “E”, MUMBAI BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER Assessment Year: 2009-10 & Assessment Year: 2009-10 Shri Shailesh D. Thakare Income Tax Officer, (Prop. of Shivam Trading Ward 3(3), 6th Floor, B – Wing, Company), K-14, New Vaity Wadi, R.No.8, Ashar IT Park, Vs. Vishnu Nagar, Road No.16Z, Naupada, Wagle Estate MIDC, Thane (West), Thane (W) - 400604 Mumbai – 400 602 PAN: ABZPT 0626P (Appellant) (Respondent) Assessment Year: 2009-10 & Assessment Year: 2009-10 Income Tax Officer, Shri Shailesh D. Thakare Ward 3(3), (Pro…

ACIT, NEW DELHI vs. M/S. KYUNGSHIN INDUSTRIAL MOTHERSON LTD., NEW DELHI

In the result, the appeal filed by the revenue is dismissed

ITA 3377/DEL/2014[2003-04]Status: DisposedITAT Delhi17 Oct 2018AY 2003-04

Bench: Sh. R.K. Panda & Ms. Suchitra Kambleassessment Year: 2003-04

Section 254Section 271Section 92C

…urely on difference of opinion and is based on the basis of judicial precedents and interpretation of laws which were emerged after the filing of return of income. 11. Referring to the decision of Hon’ble High Court in the case of CIT Vs. Anand Bazar Patrika 116 ITR 416, it was submitted that when the original basis of initiation of the penalty proceedings is altered and disapproved by the appellate authority, the authority initiating the penalty proceedings as no jurisdiction to proceed on the basis of the findings of the appellate authority. It was further argued that there is no filing of inaccurate particul…

SAHIWAL INVESTMENT & TRADING CO.,NEW DELHI vs. ITO, NEW DELHI

Appeal is allowed

ITA 4913/DEL/2015[2006-07]Status: DisposedITAT Delhi18 Jul 2018AY 2006-07

Bench: Shri R.K. Panda & Ms. Suchitra Kamblesahiwal Investment & Trading Vs Ito Co., Ward 22(2) 4Th Floor, Punjabi Bhawan, New Delhi. 10, Rouse Avenue, New Delhi. Pan No. Aaacs0017J Appellant Respondent

Section 143(3)Section 271Section 271(1)Section 271(1)(c)Section 275(1)(a)Section 32Section 50

…Assessing Officer. The Ld. AR relied upon the following decisions: 1. CIT vs. Lakhdhir Lal Ji 85 ITR 77 (Guj) 2. CIT vs. Manu Engineering Works 122 ITR 306 (Guj) 3. Gujarat Credit Corporation Ltd. vs. ACIT 116 TTJ 619 (Ahd) 4. CIT vs. Anand Bazar Patrika 116 ITR 416 5. CIT vs. Shadi Ram Bal Mukund 84 ITR 183 As far as the merit of the case is concerned, the Ld. AR submitted that the penalty proceeding are independent proceedings from Assessment and no penalty can be levied merely on the basis of finding given in the Assessment Order unless cogent material is brought on record to prove its falsity. In the p…

M/S. BOMBAY JEWELLERS,DEHRADUN vs. ACIT, DEHRADUN

The appeals of the assessee are allowed

ITA 5861/DEL/2013[2003-04]Status: DisposedITAT Delhi22 Sept 2017AY 2003-04

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Section 133ASection 142(1)Section 271(1)(c)

…as directed by the second order of the ITAT by adding the same as per the loose sheets. Thus, the provision u/s 271(1)(c) will not at all attract. The Ld. AR also relied on the decision of the Hon’ble Calcutta High Court in case of CIT Vs. Anand Patrika Bazar 116 ITR 416. 8. The Ld. DR relied upon the penalty order passed u/s 271(1)(c) of the Act. 9. We have heard both the parties and perused the material available on record. The Ld. AR demonstrated that the addition on which the penalty was imposed was not on the initial additions made in original assessment order, but the penalty is imposed on the amount which…

M/S. BOMBAY JEWELLERS,DEHRADUN vs. ACIT, DEHRADUN

The appeals of the assessee are allowed

ITA 5860/DEL/2013[2002-03]Status: DisposedITAT Delhi22 Sept 2017AY 2002-03

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Section 133ASection 142(1)Section 271(1)(c)

…as directed by the second order of the ITAT by adding the same as per the loose sheets. Thus, the provision u/s 271(1)(c) will not at all attract. The Ld. AR also relied on the decision of the Hon’ble Calcutta High Court in case of CIT Vs. Anand Patrika Bazar 116 ITR 416. 8. The Ld. DR relied upon the penalty order passed u/s 271(1)(c) of the Act. 9. We have heard both the parties and perused the material available on record. The Ld. AR demonstrated that the addition on which the penalty was imposed was not on the initial additions made in original assessment order, but the penalty is imposed on the amount which…

ITO, NEW DELHI vs. M/S. FORTUNE TECHNOCOMPS (P) LTD., NEW DELHI

In the result, the appeal of the Revenue is dismissed

ITA 4539/DEL/2013[2007-08]Status: DisposedITAT Delhi19 Oct 2015AY 2007-08

Bench: : Shri H.S. Sidhu & Shri L.P. Sahu

For Appellant: Smt. Parwinder Kaur, Sr. DRFor Respondent: Shri Rajesh Arora, FCA
Section 143(3)Section 271(1)(c)

…ate authority. For this proposition, reliance is placed on the following decisions: (i). CIT vs. Shadiram Balmukand (1972) 84 ITR 183 (All.) (ii). CIT vs. Dwarka Prasad Subhash Chandra (1974) 94 ITR 154 (All) (iii). CIT vs. Ananda Bazar Patrika P. Ltd. (1979) 116 ITR 416(Cal.) He further submitted that all the particulars were furnished before the AO and the disallowance of loss was made by the ld. CIT(A) only on estimation of gross profit rate, on which divergent view can be taken. This does not constitute furnishing of inaccurate particulars by the assessee. He submitted that, therefore, the ld. CIT(A) has righ…