Dr. Rajaram L Akhani v. ITO

395 ITR 497High Court2017#11647 most cited
9

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2018 to 2025.

Sections most often in play

Section 143(3)Section 153ASection 154Section 269TSection 271ESection 44ABSection 254Section 263

Issues it is cited on

section 269tsection 271esection 269section 44absection 133alevy of penaltygenuineness of the transactionsection 154section 263section 26incriminating materialsearch and seizure

Judgments citing Dr. Rajaram L Akhani v. ITO

MENACHERY ANTONY JOS,PALAKKAD vs. JCIT, PALAKKAD RANGE, PALAKKAD

In the result, the appeals filed by the assessee stand allowed

ITA 298/COCH/2025[2006-07]Status: DisposedITAT Cochin31 Jul 2025AY 2006-07

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri C.B.M. Warrier, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 132Section 133ASection 143(3)Section 153ASection 154Section 263Section 271ESection 44A

…olated provisions of section 269T of the Act, i.e. repayment of loan in cash other than by mode of cheque or demand draft. Reference in this regard can be made to the decision of the Hon'ble Gujarat High Court in the case of Dr. Rajaram L Akhani v. ITO [2017] 395 ITR 497, wherein it was held that a loan or deposit. Therefore, the proceedings initiated u/s. 271E is bad in law and the order passed by the JCIT levying penalty is hereby quashed. The appeal stands allowed. 10. Since identical issues and facts are involved in assessee’s appeal ITA Nos. 295 to 298/Coch/2025, our findings in ITA No. 294/Coch/2025 shall…

MENACHERY ANTONY JOS,PALAKKAD vs. JCIT, PALAKKAD RANGE, PALAKKAD

In the result, the appeals filed by the assessee stand allowed

ITA 297/COCH/2025[2006-07]Status: DisposedITAT Cochin31 Jul 2025AY 2006-07

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri C.B.M. Warrier, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 132Section 133ASection 143(3)Section 153ASection 154Section 263Section 271ESection 44A

…olated provisions of section 269T of the Act, i.e. repayment of loan in cash other than by mode of cheque or demand draft. Reference in this regard can be made to the decision of the Hon'ble Gujarat High Court in the case of Dr. Rajaram L Akhani v. ITO [2017] 395 ITR 497, wherein it was held that a loan or deposit. Therefore, the proceedings initiated u/s. 271E is bad in law and the order passed by the JCIT levying penalty is hereby quashed. The appeal stands allowed. 10. Since identical issues and facts are involved in assessee’s appeal ITA Nos. 295 to 298/Coch/2025, our findings in ITA No. 294/Coch/2025 shall…

MENACHERY ANTONY JOS,PALAKKAD vs. JCIT, PALAKKAD RANGE, PALAKKAD

In the result, the appeals filed by the assessee stand allowed

ITA 296/COCH/2025[2005-06]Status: DisposedITAT Cochin31 Jul 2025AY 2005-06

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri C.B.M. Warrier, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 132Section 133ASection 143(3)Section 153ASection 154Section 263Section 271ESection 44A

…olated provisions of section 269T of the Act, i.e. repayment of loan in cash other than by mode of cheque or demand draft. Reference in this regard can be made to the decision of the Hon'ble Gujarat High Court in the case of Dr. Rajaram L Akhani v. ITO [2017] 395 ITR 497, wherein it was held that a loan or deposit. Therefore, the proceedings initiated u/s. 271E is bad in law and the order passed by the JCIT levying penalty is hereby quashed. The appeal stands allowed. 10. Since identical issues and facts are involved in assessee’s appeal ITA Nos. 295 to 298/Coch/2025, our findings in ITA No. 294/Coch/2025 shall…

MENACHERY ANTONY JOS,PALAKKAD vs. JCIT, PALAKKAD RANGE, PALAKKAD

In the result, the appeals filed by the assessee stand allowed

ITA 295/COCH/2025[2004-05]Status: DisposedITAT Cochin31 Jul 2025AY 2004-05

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri C.B.M. Warrier, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 132Section 133ASection 143(3)Section 153ASection 154Section 263Section 271ESection 44A

…olated provisions of section 269T of the Act, i.e. repayment of loan in cash other than by mode of cheque or demand draft. Reference in this regard can be made to the decision of the Hon'ble Gujarat High Court in the case of Dr. Rajaram L Akhani v. ITO [2017] 395 ITR 497, wherein it was held that a loan or deposit. Therefore, the proceedings initiated u/s. 271E is bad in law and the order passed by the JCIT levying penalty is hereby quashed. The appeal stands allowed. 10. Since identical issues and facts are involved in assessee’s appeal ITA Nos. 295 to 298/Coch/2025, our findings in ITA No. 294/Coch/2025 shall…

MENACHERY ANTONY JOS,PALAKKAD vs. JCIT, PALAKKAD RANGE, PALAKKAD

In the result, the appeals filed by the assessee stand allowed

ITA 294/COCH/2025[2003-04]Status: DisposedITAT Cochin31 Jul 2025AY 2003-04

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri C.B.M. Warrier, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 132Section 133ASection 143(3)Section 153ASection 154Section 263Section 271ESection 44A

…olated provisions of section 269T of the Act, i.e. repayment of loan in cash other than by mode of cheque or demand draft. Reference in this regard can be made to the decision of the Hon'ble Gujarat High Court in the case of Dr. Rajaram L Akhani v. ITO [2017] 395 ITR 497, wherein it was held that a loan or deposit. Therefore, the proceedings initiated u/s. 271E is bad in law and the order passed by the JCIT levying penalty is hereby quashed. The appeal stands allowed. 10. Since identical issues and facts are involved in assessee’s appeal ITA Nos. 295 to 298/Coch/2025, our findings in ITA No. 294/Coch/2025 shall…

M/S H. K. INFRAVENTURE PVT. LTD ,VARANSI vs. JOINT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, VARANSI

ITA 46/ALLD/2019[2012-13]Status: DisposedITAT Allahabad12 Dec 2022AY 2012-13

Bench: Shrivijay Pal Rao & Shri Ramit Kochar

For Appellant: Shri Praveen Godbole, C.AFor Respondent: Shri Ramendra Kumar Viswakarma,CITD.R
Section 143(2)Section 143(3)Section 269SSection 271D

…d Order passed by Hon’ble Gujarat High Court in the case of CIT v. Panchsheel Owners Association , reported in (2017) 395 ITR 380(Guj.). c) Judgment and Order passed by Hon’ble Gujarat High Court in the case of Dr. Rajaram L. Akhani v. ITO, reported in (2017) 395 ITR 497(Guj.). d) Judgment and Order passed by Hon’ble Supreme Court in the case of CIT v. Hissaria Brothers, reported in (2016) 386 ITR 719(SC). e) Judgment and Order passed by Hon’ble Supreme Court in the case of CIT v. Jai Laxmi Rice Mills, reported in (2015) 379 ITR 521(SC). ITA No.46/Alld./2019 Assessment Year: 2012-13 M/s. H.K. Infraventures Pvt.…

SHRI KALPESH MAHIDAS MARADIA,RAJKOT vs. ADDL. C.I.T., RANGE-1(1) & 1(2), RAJKOT

In the result, the assessee’s appeal is allowed

ITA 245/RJT/2019[2008-09]Status: HeardITAT Rajkot29 Jun 2022AY 2008-09
For Appellant: Shri M.N. Manvar, A.RFor Respondent: Shri B.D. Gupta, Sr. D.R
Section 269SSection 271DSection 273B

…iness of Assessee. The father and assessee are two distinct entities and the transaction between two cannot be said to be out of ambit of section 269SS. The assessee has also placed reliance upon decision of Gujarat High court in the case of Raja Ram Lakhani 395 ITR 497. I find that in the cited case the penalty had been deleted on the ground that the transaction was between father and son for meeting requirement of depositing the marging money in the bank account for buying the vehicle for personal use and that it was neither the loan nor the deposit. However, in the present case the assessee has not shown any…

SRI HIRANMOY GON,KOLKATA vs. JCIT, RANGE - 9, KOLKATA , KOLKATA

In the result, the appeal of the assessee is allowed

ITA 143/KOL/2018[2010-11]Status: DisposedITAT Kolkata08 Nov 2019AY 2010-11

Bench: Shri S.S.Godara, Jm & Dr. A.L. Saini, Am

For Appellant: Shri Chiranjit Goswami, FCA, ld.ARFor Respondent: Shri C.J. Singh, JCIT, ld.Sr.DR
Section 269SSection 271Section 271DSection 273B

…nsaction and the taxpayer could not get a loan or deposit by account payee cheque or demand draft for some reason, the authority vested with the power to impose penalty has a discretion not to levy penalty. (iv) In Dr. Rajaram L. Akhani vs Income Tax Officer (395 ITR 497 Gujrat) it has been held that all the transactions were brought in to the account of the appellant and there were corresponding entries in the book of account of the creditor which satisfied the test of business exigency. As regards "Disclosure in accounts" as observed in the appellate order, it may be noted that all the said transactions were du…

NAZIMA A KAZI,NAVI MUMBAI vs. JCIT RG 22(3), MUMBAI

In the result appeal of the assessee in ITA no

ITA 1408/MUM/2017[2009-10]Status: DisposedITAT Mumbai24 Oct 2018AY 2009-10

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.1408/Mum/2017 (नििाारण वर्ा / Assessment Year : 2009-10) बिाम/ Nazima A Kazi, Jcit Rg 22(3) Flat No. B-1304, Plot -12, Navi Mumbai 400705 Shailesh Towers Chs, V. Sector 19A, Navi Mumbai-400706 स्थायी ऱेखा सं./ Pan: Alqpk5996E (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri. B.N. Rao & Ms. Vyoma Rao

For Appellant: Shri. B.N. Rao & Ms. Vyoma RaoFor Respondent: Shri. S.K. Mitra , DR
Section 253(3)Section 271DSection 276C

…आयकर अपीऱीय अधिकरण “B” न्यायपीठ म ुंबई में। IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER आयकर अपीऱ सं./I.T.A. No.1408/Mum/2017 (नििाारण वर्ा / Assessment Year : 2009-10) बिाम/ Nazima A Kazi, JCIT RG 22(3) Flat No. B-1304, Plot -12, Navi Mumbai 400705 Shailesh Towers CHS, v. Sector 19A, Navi Mumbai-400706 स्थायी ऱेखा सं./ PAN: ALQPK5996E (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee by: Shri. B.N. Rao & Ms. Vyoma Rao Revenue by : Shri. S.K. Mitra , DR सुनवाई की तारीख /Date of Hearing : 05.09.2018 घोषणा की त…

Dr. Rajaram L Akhani v. ITO (395 ITR 497) — Cited in 9 Judgments | BharatTax