CIT Vs Rajasthan Spinning and Weaving Mills Ltd. 224 CTR 1 (SC) (iii) Dilip N Shroff v. JCIT

122 TTJ 289Income Tax Appellate Tribunal#16571 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 348,628 Indian tax judgments — from 2015 to 2022.

Judgments citing CIT Vs Rajasthan Spinning and Weaving Mills Ltd. 224 CTR 1 (SC) (iii) Dilip N Shroff v. JCIT

DCIT CC7 (2), Mumbai vs. M/S. Anik Industries Ltd, Mumbai

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

ITA 2267/MUM/2021[2004-05]Status: DisposedITAT Mumbai29 Jul 2022AY 2004-05

Bench: Shri Pramod Kumar & Shri Pavan Kumar Gadaledcit, Cc-7(2) Vs. M/S Anik Industries Ltd Room No. 655, 3Rd Floor, 610, Tulsiani Aayakar Bhavan, Chamber, Nariman Point Mk Road, Mumbai – 400021. Mumbai – 400020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacm2696K Appellant .. Respondent Appellant By : Smt Shailja Rai.Dr Respondent By : Shri.Bhupendra Shah.Ar Date Of Hearing 26.07.2022 Date Of Pronouncement 28.07.2022 आदेश / O R D E R Per Pavan Kumar Gadale, Jm: The Revenue Has Filed The Appeal Against The Order Passed By The Commissioner Of Income Tax (Appeals) U/S 271(1)(C) & 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Smt Shailja Rai.DRFor Respondent: Shri.Bhupendra Shah.AR

Section 143(2)Section 271(1)(c)

…on the part of the assessee to hide or conceal the income so as to avoid the imposition of tax thereon. A similar view was held in the case of M. Hussain Ali & Sons v. CIT (1965) 58 ITR 787 (Mad) as well. 6.2.30. Further, in the case of ACIT vs VIP Industries 122 TTJ 289 (Mum), the effect of decision in the case of Dharmendra Textile was considered by the Hon'ble Tribunal and it was opined that the Hon'ble Supreme Court has not held that in all cases where addition is made, the penalty shall automatically follow. The true effect is that mens rea is not to be proved by the revenue, but if the assessee can successf…

Shri Jai Hind Agarwal, Jaipur vs. ITO, WD-5(4), Jaipur

In the result, this appeal of the assessee is allowed

ITA 146/JPR/2021[2013-14]Status: DisposedITAT Jaipur27 Dec 2021AY 2013-14

Bench: Or At The Time Of Hearing.” 2. The Hearing Of The Appeal Was Concluded Through Video Conference In View Of The Prevailing Situation Of Covid-19 Pandemic.

For Appellant: Shri S.L. Poddar (Adv)For Respondent: Smt. Runi Pal (Addl.CIT)

Section 143(3)Section 271(1)(c)Section 41(1)

…explained that levy of penalty is not automatic. If the conditions specified in the section are satisfied then alone, penalty is leviable. Facts of each case would determine whether such conditions are satisfied or not. In the case of ACIT-v- VIP Industries 122 TTJ 289 (Mum), the effect of above decision was considered by the tribunal. It was opined that SC has not held that in all cases where addition is made, the penalty shall automatically follow. The true effect is that mens rea is not to be proved by the revenue. If the 'A' can 14 ITA 146/JP/2021_ Shri Jain Hind Agarwal Vs ITO successfully prove his bona…

M/S Euro Jewels, Jaipur vs. Income Tax Officer, Ward-2-1, Jaipur

In the result, appeal of the assessee is allowed

ITA 712/JPR/2017[2009-10]Status: DisposedITAT Jaipur09 Jan 2018AY 2009-10

For Appellant: Shri Saurabh Harsh (Adv)For Respondent: Shri Rajendra Jha (Addl.CIT)

Section 143(3)Section 271(1)(c)Section 44A

…mated addition. ITA 712/JP/2017_ 4 M/s Euro Jewels Vs ITO Ld. AR pleaded that the penalty should not be imposed automatically merely because some addition has been sustained. He also relied on the following case laws: In the case of ACIT v VIP Industries 122 TTJ 289 (Mum) it a. was held that, where addition is made the penalty shall not automatically follow. In a case of genuine difference between AO and A’, penalty cannot be levied. Same view has been taken by Pune bench in the case of Kanbay Software India 122 TTJ 721. b. In the case of CIT v Sidhartha Enterprises 184 Taxman 460 P&H it was held that it is…

Harrington House, Chennai vs. ACIT, Chennai

In the result, the appeals of the assessee in ITA Nos

ITA 89/CHNY/2016[2005-06]Status: DisposedITAT Chennai28 Apr 2016AY 2005-06

Bench: Shri Chandra Poojari & Shri G. Pavan Kumarआयकर अपील सं./I.T.A. No. 89,90 & 91/Mds/2016 "नधा"रण वष" /Assessment Year : 2005-06, 2006-07 & 2007-2008

For Appellant: Shri. R. Vijayaraghavan, AdvocateFor Respondent: Shri. A.V. Sreekanth, IRS, JCIT

Section 139(1)Section 143(2)Section 148Section 271(1)(c)

…e appellant placed reliance on the following decisions: (i) CIT Vs Reliance Petro Products Pvt. Ltd. 322 ITR 158 (SC). (ii) CIT Vs Rajasthan Spinning and Weaving Mills Ltd. 224 CTR 1 (SC) (iii) Dilip N Shroff Vs JCIT 291 ITR 519(SC) (iv) CIT Vs VIP Industries 122 TTJ 289 (Mum) (v) CIT Vs Kamby Software 122 TTJ 721 (Mum) (vi) CIT Vs Siddarth Enterprises 184 Taxmann 460 (P&H)’’. ITA Nos.89, 90 & 91/Mds/2016. :- 7 -: The ld. Commissioner of Income Tax (Appeals) considered submissions, judicial decisions and findings of the Assessing Officer and made elaborate discussions and observation at page 5 to 12 of his…

Fathima Hospital P Ltd, Navi Mumbai vs. ACIT (A)-3, Mumbai

In the result, the appeal of the assessee is hereby allowed

ITA 7867/MUM/2010[2000-01]Status: DisposedITAT Mumbai24 Nov 2015AY 2000-01

Bench: S/Shri B.R.Baskaran & Amarjit Singhआयकर अपील सं/ I.T.A. No.7867/Mum/2010 ("नधा"रण वष" / Assessment Year: 2000-01)

For Appellant: Shri. Suresh Subramanian(AR)

Section 133ASection 143(3)Section 148Section 271(1)(c)Section 40A(3)

…visions of penalty when the particulars were furnished accurately. Therefore the penalty is not leviable on this ground, in view of the 3 Assessment Year: 2000-01 case laws in the case of Salman Khan Vs ACIT (ITA 2559&2560 ITAT Mumbai), ACIT Vs VIP Industries(122 TTJ 289 ITAT Mumbai), Poonam Marble Pvt. Ltd. Vs DY. CIT (62 SOT 137 ITAT Jodhpur), Godavari Townships Pvt. Ltd. Vs DCIT (103 DTR 1 ITAT Vishakapattanam), CIT Vs Reliance Petro Products Pvt. Ltd. (2010)322 ITR 158 (SC). 4. On the other hand, the learned DR argued that the assessee failed to comply with the provisions u/s 40A(3). Therefore, the claim of…