CIT v. Saini Medical Stores

DCIT Central Circle-2, Bhubaneswar vs. M/S. Hotel Sukhamaya Pvt. Ltd, Bhubaneswar

In the result, all the three appeals of the Revenue are dismissed

…ng given our thoughtful consideration to the submissions advanced by the learned counsel for the rival parties, we are of the respondent assessee, is a finding of fact. This emerges from the decision rendered by this Court in Saini Medical Store's case (2005) 277 ITR 420, wherein, this Court has inter-alia held as under:- "As pointed out earlier, there is no doubt about the genuineness of the transactions which have been fully accepted in the assessment made for the year under consideration. Even if, there is any ignorance, which resulted in the infraction of law, the default is technical and venial which did no…

DCIT Central Circle-2, Bhubaneswar vs. M/S. Hotel Sukhamaya Pvt. Ltd, Bhubaneswar

In the result, all the three appeals of the Revenue are dismissed

…ng given our thoughtful consideration to the submissions advanced by the learned counsel for the rival parties, we are of the respondent assessee, is a finding of fact. This emerges from the decision rendered by this Court in Saini Medical Store's case (2005) 277 ITR 420, wherein, this Court has inter-alia held as under:- "As pointed out earlier, there is no doubt about the genuineness of the transactions which have been fully accepted in the assessment made for the year under consideration. Even if, there is any ignorance, which resulted in the infraction of law, the default is technical and venial which did no…

Pravinaben Pravinbhai Patel, Surat vs. Add. Commissioner of Income Tax, Range 1(3), Surat

In the result, ground of appeal raised by the assessee is allowed

Bench: Shri Pawan Singh(Virtual Hearing) Shri Pravinbhai Keshavbhai Patel, Addl.C.I.T.,Range-1(3), A/2, Golden Park Society, Surat Vs. Opp. Prime Arcade, Aanand Mahal Road, Adajan, Surat. Pan No. Adgpp 4549 L Appellant/ Assessee Respondent/ Revenue Smt. Pravinaben Pravinbhai Patel, Addl.C.I.T.,Range-1(3), A/2, Golden Park Society, Surat Vs. Opp. Prime Arcade, Aanand Mahal Road, Adajan, Surat. Pan No. Cdopp 3300 D Appellant/ Assessee Respondent/ Revenue

…saction of loan or deposit to attract the penal consequences of Section 269SS of the Act. To Sh. Pravinbhai Keshavbhai Patel Vs Addl.CIT & 1 Anr support such view, the assessee relied on the following case laws before ld CIT(A). (i) CIT Vs Sainy Medical Store 277 ITR 420 (P&H) (ii) Dr. Deepak Muchhala Vs ITO 58 TTJ 524 (Bom) (iii) CIT Vs Maa Khodiyar Construction 45 taxmann.com 566 (Guj) (iv) Veer Sales Corporation Vs ACIT 50 TTJ 130 (Ahd.) (v) Shreenath Builders Vs DCIT (2000) 111 Taxman 142 (Ahd.) (vi) CIT Vs Sree Krishna Promoters & Builders (2011) 16 taxmann.com 138 (Kar.). 5. The ld. AR for the assessee sub…

Pravinbhai Keshavbhai Patel, Surat vs. Addl. Commissioner of Income Tax, Range 1(3), Surat

In the result, ground of appeal raised by the assessee is allowed

Bench: Shri Pawan Singh(Virtual Hearing) Shri Pravinbhai Keshavbhai Patel, Addl.C.I.T.,Range-1(3), A/2, Golden Park Society, Surat Vs. Opp. Prime Arcade, Aanand Mahal Road, Adajan, Surat. Pan No. Adgpp 4549 L Appellant/ Assessee Respondent/ Revenue Smt. Pravinaben Pravinbhai Patel, Addl.C.I.T.,Range-1(3), A/2, Golden Park Society, Surat Vs. Opp. Prime Arcade, Aanand Mahal Road, Adajan, Surat. Pan No. Cdopp 3300 D Appellant/ Assessee Respondent/ Revenue

…saction of loan or deposit to attract the penal consequences of Section 269SS of the Act. To Sh. Pravinbhai Keshavbhai Patel Vs Addl.CIT & 1 Anr support such view, the assessee relied on the following case laws before ld CIT(A). (i) CIT Vs Sainy Medical Store 277 ITR 420 (P&H) (ii) Dr. Deepak Muchhala Vs ITO 58 TTJ 524 (Bom) (iii) CIT Vs Maa Khodiyar Construction 45 taxmann.com 566 (Guj) (iv) Veer Sales Corporation Vs ACIT 50 TTJ 130 (Ahd.) (v) Shreenath Builders Vs DCIT (2000) 111 Taxman 142 (Ahd.) (vi) CIT Vs Sree Krishna Promoters & Builders (2011) 16 taxmann.com 138 (Kar.). 5. The ld. AR for the assessee sub…

Bandana Pandey, Gorakhpur vs. Addl. CIT, Range - 01, Gorakhpur

In the result, appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2012-13 Smt. Bandana Pandey Addl. Commissioner Of Income Tax , W/O Shri Shyam Chandra V. Range-1, Gorakhpur, U.P. Pandey, 29-B, Betihata South, Awas Vikas Colony, Gorakhpur-273001, U.P. Pan:Atopb4997J (Appellant) (Respondent)

…eported in 315 ITR 163. 3.That bona fides and genuiness of the transaction would constitute a “reasonable cause” for not invoking the provisions of sections 271D of the Act, Relying upon the judgment rendered by this court in CIT v. Saini Medical Store [2005] 277 ITR 420. The assessee had been successful to show “reasonable cause” and there was no avoidance of tax or tax evasion at the hands of the assessee. 4. That order passed by the CIT(A), Gorakhpur by conferring the penalty impose by the Assessing officer is not justified from any corner and its erroneous on the fact and law. That the learned CIT(A) has erre…