CIT v. Jayaraj Talkies

ITO WARD-32(1)(1), MUMBAI vs. DHARAM HASMUKHBHAI JAGDA, MUMBAI

Bench: Shri Kuldip Singh, Jm & Shri S Rifaur Rahman, Am Dharam Hasmukhbhai Jagda Income Tax Officer 32(1)(1) 154/155, Santvani Bld., Lic R. No. 703, Kautilya Bhavan, Colony, Besides Upadhya Bkc, Bandra (E), Vs. Dairy,Birivali(W), Mumbai-400051 Mumbai-400092 (Appellant) (Respondent) Pan No. Aglpj0431B Assessee By : None Revenue By : Smt. Mahita Nair, Date Of Hearing: 07.09.2023 Date Of Pronouncement : 24.11.2023

…question of levy of penalty under s. 271(1)(c)." 3.4 In a case, where the assessee volunteered to offer sum as part of his income on account of the difficulty encountered by him, the Hon'ble Madras High Court in the case of CIT vs. Jayaraj Talkies reported in 239 ITR 914 held that the penalty u/s 271(1)(c) of the Act is not leviable and further held that "The Revenue contends that as the assessee-owner of the theatre who had derived income from leasing the same, had after filing a return claiming deduction of a sum of Rs. 4,125 and Rs. 16,348 towards building maintenance and furniture repairs respectively, himsel…

ITO , SARD- 1 (2) THANE, THANE vs. MAK RUBBER PRODUCTS, MUMBAI

In the result, the appeal filed by the revenue is hereby ordered to be dismissed

Bench: Shri Amarjit Singh, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं/ I.T.A. No.5416/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2009-10) Ito Ward-1(2) Thane बिधम/ Mak Rubber Products Room No.24, B-Wing, 6Th 301/306, B-Wing, Giriya Co. Vs. Floor, Ashar It Park, Road Op. Hsg. Society, Mahatma No. 16Z, Wagle Ind. Estate, Phule Road, Naupada, Thane (W)-400604. Thane-400601. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabfm8605N (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri Jothilakshmi Nayak (Dr) Assessee By: Shri Bhadresh K. Doshi सुनवाई की तारीख / Date Of Hearing: 10/02/2020 घोषणा की तारीख /Date Of Pronouncement: 19/03/2020 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 05.07.2018 Passed By The Commissioner Of Income Tax (Appeals) -03, Nasik [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2009-10 In Which The Penalty Levied By Ao Has Been Ordered To Be Deleted.

…e of addition made on agreed basis penalty cannot be levied because addition was made because of concealment it was made for peace. 3.4. In support of my view I placed reliance on decision of Hon'ble Madras High Court in case of CIT VIs Jayaraj Talkies (1999) 239 ITR 914 (Mad HC) held that:- The Revenue contends that as the assessee-owner of the theatre who had derived income from leasing the same, had after filing a return claiming deduction of a sum of Rs. 4,125 and Rs. 16,348 towards building maintenance and furniture repairs respectively, himself volunteered to offer these sums as part of his income on accoun…

DCIT CIRCLE-3, THANE vs. SMT. SMITA VILAS SHIMPI, THANE

In the result, appeal of the Revenue is dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bledcit Circle – 3 V. Smt Smita Vilas Simpi Room No. 02, B-Wing, 6Th Floor Gr/1St Floor, Moreshwar Kamal Bldg. Ashar I.T Park, 6Th Floor Dr. Ramesh Pradhan Marg Road No. 16Z Talaopali, Thane (W) Wagle Industrial Estate Mumbai – 400 602 Thane – 400 604 Pan:Aqsps4519A (Appellant) (Respondent) Assessee By : None Department By : Shri Bheraram

…e construed as mala fide." 6. Following judicial pronouncements can also be relied on in support of the proposition that voluntary surrender of income does not attract penalty u/s 271(1 )(c) of the Act- 5 Smt Smita Vilas Simpi • CIT vs Jayaraj Talkies (1999) 239 ITR 914 (Mad HC): - Mere agreement to addition of income or surrender of income did not comply concealment of income. • CIT v/s M George & Brothers (1987) 59 CTR (Kerala HC) 298:- Where the assessee for one reason or other agrees or surrenders certain amounts for assessment, the imposition of penalty solely on the basis of assessee's surrender will not b…

ITO, WARD-2(1), THANE vs. BHAVNA HARISH HADVANI, BHAYANDAR(W)

In the result, appeal of the revenue is dismissed

Bench: Shri R.C.Sharmai.T.O. Vs. Bhavna Harish Hadvani, Ward 2(1), Thane, Prop. Of M/S J.B. Patel R.No. 25, B-Wing, 6Th Surgical, At 502, Sadma Floor, Ashar It Park, Tower Prakash Market Wagle Industrial Estate, Road, Bhayander (W)- Road No. 16Z, Thane- 401101 400604. Pan/Gir No. Ajtpp 1509 R (Appellant) .. (Respondent) Revenue By Shri Akhtar H Ansari (Dr) Assessee By None Date Of Hearing 23/01/2020 Date Of Pronouncement 27/01/2020

…essment order, cannot be construed as mala fide." 6. Following judicial pronouncements can also be relied on in support of the proposition that voluntary surrender of income does not attract penalty u/s 271(1)(c) of the Act:- * CIT vs Jayaraj Talkies (1999) 239 ITR 914 (Mad HC):- Mere agreement to addition of income or surrender of income did not comply concealment of income. * CIT v/s M George & Brothers (1987) 59 CTR (Kerala HC) 298:- Where the assessee for one reason or other agrees or surrenders certain amounts for assessment, the imposition of penalty solely on the basis of assessee's surrender will not b…

ITO WARD-2(4),, THANE vs. YOGESH A. DOSHI, MUMBAI

In the result, appeal of the revenue is dismissed

Bench: Shri R.C.Sharmai.T.O. Vs. Yogesh A. Doshi, Ward 2(4), Thane, 204, A/43, Sector No. 3, R.No. 12, B-Wing, 6Th Shanti Nagar, Mira Road Floor, Ashar It Park, (E), Thane-401104. Wagle Industrial Estate, Road No. 16Z, Thane- 400604. Pan/Gir No. Agspd 2681 C (Appellant) .. (Respondent) Revenue By Shri Akhtar H Ansari (Dr) Assessee By None Date Of Hearing 23/01/2020 Date Of Pronouncement 27/01/2020

…essment order, cannot be construed as mala fide." 6. Following judicial pronouncements can also be relied on in support of the proposition that voluntary surrender of income does not attract penalty u/s 271(1)(c) of the Act:- * CIT vs Jayaraj Talkies (1999) 239 ITR 914 (Mad HC):- Mere agreement to addition of income or surrender of income did not comply concealment of income. * CIT v/s M George & Brothers (1987) 59 CTR (Kerala HC) 298:- Where the assessee for one reason or other agrees or surrenders certain amounts for assessment, the imposition of penalty solely on the basis of assessee's surrender will not b…

ITO, W-3(2), THANE vs. PRAYOSHA BUILDMAT PVT LTD, THANE

In the result, appeal of the revenue is dismissed

Bench: Shri R.C.Sharmai.T.O., Vs. M/S Prayosha Buildmat Pvt. Ltd., Ward 3(2), Thane, 8, Vivek Co-Operative Housing 6Th Room No. 14, Society, Ravi Compound, Madan Floor, B-Wing, Wagle Lal Dhingra Road, Mr. Talwalkar Industrial Estate, Gym Panchpakadi, Thane (W)- Thane (W), 400604. 400602. Pan/Gir No.Aabcp 0114 A (Appellant) .. (Respondent)

…essment order, cannot be construed as mala fide." 6. Following judicial pronouncements can also be relied on in support of the proposition that voluntary surrender of income does not attract penalty u/s 271(1)(c) of the Act:- * CIT vs Jayaraj Talkies (1999) 239 ITR 914 (Mad HC):- Mere agreement to addition of income or surrender of income did not comply concealment of income. * CIT v/s M George & Brothers (1987) 59 CTR (Kerala HC) 298:- Where the assessee for one reason or other agrees or surrenders certain amounts for assessment, 3 ITO Vs M/s Prayosha Buildmat P Ltd. the imposition of penalty solely on the b…

ITO 21 (2)(3), MUMBAI vs. MOHD.KALEEM MAJEED KHAN, MUMBAI

In the result, appeal of the revenue is dismissed

Bench: Shri R.C.Sharma, Am & Shri Vikas Awasthy, Jm I.T.O.-21(2)(3) Vs. Shri Mohd. Kaleem Majeed Khan, Mumbai. Room No. 3, Chawl No. 3, Muncipal Chawl, Umar Rajjab Road, Opp. Rehman Masjid, Morland Road, Mumbai-400011. Pan/Gir No. Aacpk 4225 B (Appellant) .. (Respondent)

…as made on the particulars offered by the appellant which was not contested did not mean that appellant has agreed for the penalty. 9.3 In this context, I place reliance on the decision of Hon'ble Madras High Court in the case of CIT Vs Jayaraj Talkies(1999) 239 ITR 914 (Mad HC) wherein it is held that:- "The revenue contends that as the assessee-owner of the theatre who had derived income from leasing the same, had after filing a return claiming deduction of a sum of Rs 4125 and Rs 16348 towards building and maintenance furniture repairs respectively, himself volunteered to offer these sums as part of his inco…

DCIT 24(2), MUMBAI vs. UNISYNTH CHEMICALS, MUMBAI

In the result, Revenue’s appeal for assessment year 2009-10 is dismissed

Bench: Shri Jason P. Boaz & Shri Sandeep Gosain D C I T – 24(2) M/S. Unisynth Chemicals 6Th Floor, Pratyaksha Kar 106-107, Advent Atria Vs. Bhavan, Bkc, Bandra (E) Chincholi Bunder Road Mumbai 400051 Malad (W), Mumbai 400064 Pan – Aaafu1724D Appellant Respondent

…of addition made on agreed basis penalty cannot be levied because addition was made because of concealment it was made for peace. 3.4. In support of my view I placed reliance on decision of Hon'ble Madras High Court in case of CIT VIs Jayaraj Talkies (1999) 239 ITR 914 (Mad HC) held that:- The Revenue contends that as the assessee-owner of the theatre who had derived income from leasing the same, had after filing a return claiming deduction of a sum of Rs. 4,125 and Rs. 16,348 towards building maintenance and furniture repairs respectively, himself volunteered to offer these sums as part of his income on accou…

GOLANI BROTHERS,MUMBAI vs. DCIT CEN CIR 7(2), MUMBAI

In the result, appeals of assessee are allowed

…rate particulars of income. 23. Following judicial pronouncements can be relied on in support of the proposition that voluntary surrender of income does not attract penalty under Section 271(1)(c). SN Case Laws Observations 1 CIT v/s. Jayaraj Talkies (1999) 239 ITR 914 Mere agreement to addition of income or (Mad HC) surrender of income did not imply concealment of income 2 CIT v/s M George & Brothers (1987)59 CTR Where the assessee for one reason or the (Ker HC) 298 other agrees or surrenders certain amounts for assessment, the imposition of penalty (A.Y.2007-2008 to 2011-12) M/s. Golani Brothers,Mumbai solely…

GOLANI BROTHERS,MUMBAI vs. DCIT CEN CIR 7(2), MUMBAI

In the result, appeals of assessee are allowed

…rate particulars of income. 23. Following judicial pronouncements can be relied on in support of the proposition that voluntary surrender of income does not attract penalty under Section 271(1)(c). SN Case Laws Observations 1 CIT v/s. Jayaraj Talkies (1999) 239 ITR 914 Mere agreement to addition of income or (Mad HC) surrender of income did not imply concealment of income 2 CIT v/s M George & Brothers (1987)59 CTR Where the assessee for one reason or the (Ker HC) 298 other agrees or surrenders certain amounts for assessment, the imposition of penalty (A.Y.2007-2008 to 2011-12) M/s. Golani Brothers,Mumbai solely…

GOLANI BROTHERS,MUMBAI vs. DCIT CEN CIR 7(2), MUMBAI

In the result, appeals of assessee are allowed

…rate particulars of income. 23. Following judicial pronouncements can be relied on in support of the proposition that voluntary surrender of income does not attract penalty under Section 271(1)(c). SN Case Laws Observations 1 CIT v/s. Jayaraj Talkies (1999) 239 ITR 914 Mere agreement to addition of income or (Mad HC) surrender of income did not imply concealment of income 2 CIT v/s M George & Brothers (1987)59 CTR Where the assessee for one reason or the (Ker HC) 298 other agrees or surrenders certain amounts for assessment, the imposition of penalty (A.Y.2007-2008 to 2011-12) M/s. Golani Brothers,Mumbai solely…

GOLANI BROTHERS,MUMBAI vs. DCIT CEN CIR 7(2), MUMBAI

In the result, appeals of assessee are allowed

…rate particulars of income. 23. Following judicial pronouncements can be relied on in support of the proposition that voluntary surrender of income does not attract penalty under Section 271(1)(c). SN Case Laws Observations 1 CIT v/s. Jayaraj Talkies (1999) 239 ITR 914 Mere agreement to addition of income or (Mad HC) surrender of income did not imply concealment of income 2 CIT v/s M George & Brothers (1987)59 CTR Where the assessee for one reason or the (Ker HC) 298 other agrees or surrenders certain amounts for assessment, the imposition of penalty (A.Y.2007-2008 to 2011-12) M/s. Golani Brothers,Mumbai solely…