Lodha Builders (P) Ltd. v. ACIT

163 TTJ 778Income Tax Appellate Tribunal2014#2692 most cited

What is Lodha Builders (P) Ltd. v. ACIT authority for?

The levy of penalties under sections 271D and 271E of the Income Tax Act is not automatic; the genuine reasons for repayment made by journal entry must be judiciously considered, and absence of reasonable cause is a prerequisite for penalty imposition.

43

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2017 to 2021.

Also referred to as

Lodha Builders (P) Ltd. v. ACIT · 163 TTJ 778 · penalty u/ss. 271D · 271E · reasonable cause · journal entry · repayment · automatic penalty · evidence · AO · FAA

Judgments citing Lodha Builders (P) Ltd. v. ACIT

DCIT Cen Cir 7(3), Mumbai vs. Lodha Finstock P.Ltd, Mumbai

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

ITA 2578/MUM/2017[2009-10]Status: DisposedITAT Mumbai31 Jan 2020AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ises, levy of penalty u/ss. 271D of the Act is not automatic, but the genuineness or otherwise of the reasons due to which repayment was made by journal entry has to be considered judiciously. 7. In the order reported as Lodha Builders (P) Ltd. v. ACIT [2014] 163 TTJ 778 (Mum), a bunch of appeals belonging to Lodha group (to which the present assessee belongs) involving identical issue, was disposed of by the coordinate Bench in which levy of similar penalties was held to be not sustainable as 21 & other 39 files M/s. Lodha Builders (P.) Ltd & other group companies there was a reasonable cause, copies of which h…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Finstock P.Ltd, Mumbai

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

ITA 2577/MUM/2017[2008-09]Status: DisposedITAT Mumbai31 Jan 2020AY 2008-09

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ises, levy of penalty u/ss. 271D of the Act is not automatic, but the genuineness or otherwise of the reasons due to which repayment was made by journal entry has to be considered judiciously. 7. In the order reported as Lodha Builders (P) Ltd. v. ACIT [2014] 163 TTJ 778 (Mum), a bunch of appeals belonging to Lodha group (to which the present assessee belongs) involving identical issue, was disposed of by the coordinate Bench in which levy of similar penalties was held to be not sustainable as 21 & other 39 files M/s. Lodha Builders (P.) Ltd & other group companies there was a reasonable cause, copies of which h…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Building & Construction P.Ltd, Mumbai

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

ITA 138/MUM/2017[2009-10]Status: DisposedITAT Mumbai31 Jan 2020AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ises, levy of penalty u/ss. 271D of the Act is not automatic, but the genuineness or otherwise of the reasons due to which repayment was made by journal entry has to be considered judiciously. 7. In the order reported as Lodha Builders (P) Ltd. v. ACIT [2014] 163 TTJ 778 (Mum), a bunch of appeals belonging to Lodha group (to which the present assessee belongs) involving identical issue, was disposed of by the coordinate Bench in which levy of similar penalties was held to be not sustainable as 21 & other 39 files M/s. Lodha Builders (P.) Ltd & other group companies there was a reasonable cause, copies of which h…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Building & Construction P.Ltd, Mumbai

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

ITA 137/MUM/2017[2009-10]Status: DisposedITAT Mumbai31 Jan 2020AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ises, levy of penalty u/ss. 271D of the Act is not automatic, but the genuineness or otherwise of the reasons due to which repayment was made by journal entry has to be considered judiciously. 7. In the order reported as Lodha Builders (P) Ltd. v. ACIT [2014] 163 TTJ 778 (Mum), a bunch of appeals belonging to Lodha group (to which the present assessee belongs) involving identical issue, was disposed of by the coordinate Bench in which levy of similar penalties was held to be not sustainable as 21 & other 39 files M/s. Lodha Builders (P.) Ltd & other group companies there was a reasonable cause, copies of which h…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Building & Construction P.Ltd, Mumbai

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

ITA 136/MUM/2017[2008-09]Status: DisposedITAT Mumbai31 Jan 2020AY 2008-09

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ises, levy of penalty u/ss. 271D of the Act is not automatic, but the genuineness or otherwise of the reasons due to which repayment was made by journal entry has to be considered judiciously. 7. In the order reported as Lodha Builders (P) Ltd. v. ACIT [2014] 163 TTJ 778 (Mum), a bunch of appeals belonging to Lodha group (to which the present assessee belongs) involving identical issue, was disposed of by the coordinate Bench in which levy of similar penalties was held to be not sustainable as 21 & other 39 files M/s. Lodha Builders (P.) Ltd & other group companies there was a reasonable cause, copies of which h…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Builders P. Ltd, Mumbai

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

ITA 6617/MUM/2016[2011-12]Status: DisposedITAT Mumbai31 Jan 2020AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ises, levy of penalty u/ss. 271D of the Act is not automatic, but the genuineness or otherwise of the reasons due to which repayment was made by journal entry has to be considered judiciously. 7. In the order reported as Lodha Builders (P) Ltd. v. ACIT [2014] 163 TTJ 778 (Mum), a bunch of appeals belonging to Lodha group (to which the present assessee belongs) involving identical issue, was disposed of by the coordinate Bench in which levy of similar penalties was held to be not sustainable as 21 & other 39 files M/s. Lodha Builders (P.) Ltd & other group companies there was a reasonable cause, copies of which h…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Builders P. Ltd, Mumbai

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

ITA 6616/MUM/2016[2011-12]Status: DisposedITAT Mumbai31 Jan 2020AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ises, levy of penalty u/ss. 271D of the Act is not automatic, but the genuineness or otherwise of the reasons due to which repayment was made by journal entry has to be considered judiciously. 7. In the order reported as Lodha Builders (P) Ltd. v. ACIT [2014] 163 TTJ 778 (Mum), a bunch of appeals belonging to Lodha group (to which the present assessee belongs) involving identical issue, was disposed of by the coordinate Bench in which levy of similar penalties was held to be not sustainable as 21 & other 39 files M/s. Lodha Builders (P.) Ltd & other group companies there was a reasonable cause, copies of which h…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Builders P. Ltd, Mumbai

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

ITA 6615/MUM/2016[2007-08]Status: DisposedITAT Mumbai31 Jan 2020AY 2007-08

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ises, levy of penalty u/ss. 271D of the Act is not automatic, but the genuineness or otherwise of the reasons due to which repayment was made by journal entry has to be considered judiciously. 7. In the order reported as Lodha Builders (P) Ltd. v. ACIT [2014] 163 TTJ 778 (Mum), a bunch of appeals belonging to Lodha group (to which the present assessee belongs) involving identical issue, was disposed of by the coordinate Bench in which levy of similar penalties was held to be not sustainable as 21 & other 39 files M/s. Lodha Builders (P.) Ltd & other group companies there was a reasonable cause, copies of which h…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Builders P. Ltd, Mumbai

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

ITA 6614/MUM/2016[2007-08]Status: DisposedITAT Mumbai31 Jan 2020AY 2007-08

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ises, levy of penalty u/ss. 271D of the Act is not automatic, but the genuineness or otherwise of the reasons due to which repayment was made by journal entry has to be considered judiciously. 7. In the order reported as Lodha Builders (P) Ltd. v. ACIT [2014] 163 TTJ 778 (Mum), a bunch of appeals belonging to Lodha group (to which the present assessee belongs) involving identical issue, was disposed of by the coordinate Bench in which levy of similar penalties was held to be not sustainable as 21 & other 39 files M/s. Lodha Builders (P.) Ltd & other group companies there was a reasonable cause, copies of which h…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Properties Development P. Ltd, Mumbai

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

ITA 6613/MUM/2016[2009-10]Status: DisposedITAT Mumbai31 Jan 2020AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…ises, levy of penalty u/ss. 271D of the Act is not automatic, but the genuineness or otherwise of the reasons due to which repayment was made by journal entry has to be considered judiciously. 7. In the order reported as Lodha Builders (P) Ltd. v. ACIT [2014] 163 TTJ 778 (Mum), a bunch of appeals belonging to Lodha group (to which the present assessee belongs) involving identical issue, was disposed of by the coordinate Bench in which levy of similar penalties was held to be not sustainable as 21 & other 39 files M/s. Lodha Builders (P.) Ltd & other group companies there was a reasonable cause, copies of which h…

DCIT Cen Cir 7(3), Mumbai vs. Sahajanand Hi Tech Construction P.Ltd, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 127/MUM/2017[2008-09]Status: DisposedITAT Mumbai26 Jun 2019AY 2008-09

Bench: Shri G. S. Pannu, Vice- & Shri Pawan Singh

Section 143(3)Section 147Section 148Section 269SSection 271DSection 271E

…IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI G. S. PANNU, VICE-PRESIDENT AND SHRI PAWAN SINGH, JUDICIAL MEMBER ITA No.127/Mum/2017 Assessment Year 2008-09 ITA No.128/Mum/2017 Assessment Year 2008-09 DCIT, Central Circle-7(3), Vs. M/s. Sahajanand Hi Tech Room No.655, 6th Floor, Construction Pvt. Ltd. Aayakar Bhavan, M.K. Road, 216, Shah and Nahar Industrial Mumbai-400 020. Road, Off. Dr. E. Moses Road, Worli, Mumbai-400 018. PAN :AAECP1936F (Appellant) .. (Respondent) ITA No.129/Mum/2017 Assessment Year 2009-10 ITA No.130/Mum/2017 Assessment Year 2009-10 DCIT, Central Circle-7(3), Vs.…

DCIT Cen Cir 7(3), Mumbai vs. Mahavir Premises P.Ltd, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 125/MUM/2017[2009-10]Status: DisposedITAT Mumbai23 Oct 2018AY 2009-10

Bench: Shri R.C.Sharma, Am & Shri Ram Lal Negi, Jm

Section 271DSection 271E

…ises, levy of penalty u/ss. 271D of the Act is not automatic, but the genuineness or otherwise of the reasons due to which repayment was made by journal entry has to be considered judiciously. 7. In the order reported as Lodha Builders (P) Ltd. v. ACIT [2014] 163 TTJ 778 (Mum), a bunch of appeals belonging to Lodha group (to which the present assessee belongs) involving identical issue, was disposed of by the co-ordinate Bench in which levy of similar penalties was held to be not sustainable as there was a reasonable cause, copies of which have been placed on record. In deciding the dispute in favour of the asses…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Construction (Dombivali ), Mumbai

In the result appeals of the revenue for AY 2007-08 in ITA No

ITA 139/MUM/2017[2007-08]Status: DisposedITAT Mumbai30 Jul 2018AY 2007-08

Bench: Shri Pawan Singh, Jm & Shri N.K. Pradhan, Am

Section 143(3)Section 269SSection 271DSection 271E

…ITA No.139/Mum/2017-M/s. Lodha Construction P.Ltd. M/s. Aashthavinayak Real Estate P.Ltd.& C.O.s157/M/18 & 154/M/18 IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI PAWAN SINGH, JM AND SHRI N.K. PRADHAN, AM ITA No.139/Mum/2017 Assessment Year 2007-08 ITA No.140/Mum/2017 Assessment Year 2007-08 ITA No.141/Mum/2017 Assessment Year 2008-09 ITA No.142/Mum/2017 Assessment Year 2008-09 ITA No.110/Mum/2017 Assessment Year 2009-10 ITA No.111/Mum/2017 Assessment Year 2009-10 DCIT, Central Circle-7(3), बनाम/ M/s. Lodha Construction Room No.655, 6th Floor, (Dombivali), Vs. Aayakar Bhavan, M.K. Road, 216,…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Building & Construction P.Ltd, Mumbai

In the result appeals of the revenue for AY 2007-08 in ITA No

ITA 135/MUM/2017[2008-09]Status: DisposedITAT Mumbai30 Jul 2018AY 2008-09

Bench: Shri Pawan Singh, Jm & Shri N.K. Pradhan, Am

Section 143(3)Section 269SSection 271DSection 271E

…ITA No.139/Mum/2017-M/s. Lodha Construction P.Ltd. M/s. Aashthavinayak Real Estate P.Ltd.& C.O.s157/M/18 & 154/M/18 IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI PAWAN SINGH, JM AND SHRI N.K. PRADHAN, AM ITA No.139/Mum/2017 Assessment Year 2007-08 ITA No.140/Mum/2017 Assessment Year 2007-08 ITA No.141/Mum/2017 Assessment Year 2008-09 ITA No.142/Mum/2017 Assessment Year 2008-09 ITA No.110/Mum/2017 Assessment Year 2009-10 ITA No.111/Mum/2017 Assessment Year 2009-10 DCIT, Central Circle-7(3), बनाम/ M/s. Lodha Construction Room No.655, 6th Floor, (Dombivali), Vs. Aayakar Bhavan, M.K. Road, 216,…

DCIT Cen Cir 7(3), Mumbai vs. Ashtavinayak Real Estate P.Ltd, Mumbai

In the result appeals of the revenue for AY 2007-08 in ITA No

ITA 6612/MUM/2016[2009-10]Status: DisposedITAT Mumbai30 Jul 2018AY 2009-10

Bench: Shri Pawan Singh, Jm & Shri N.K. Pradhan, Am

Section 143(3)Section 269SSection 271DSection 271E

…ITA No.139/Mum/2017-M/s. Lodha Construction P.Ltd. M/s. Aashthavinayak Real Estate P.Ltd.& C.O.s157/M/18 & 154/M/18 IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI PAWAN SINGH, JM AND SHRI N.K. PRADHAN, AM ITA No.139/Mum/2017 Assessment Year 2007-08 ITA No.140/Mum/2017 Assessment Year 2007-08 ITA No.141/Mum/2017 Assessment Year 2008-09 ITA No.142/Mum/2017 Assessment Year 2008-09 ITA No.110/Mum/2017 Assessment Year 2009-10 ITA No.111/Mum/2017 Assessment Year 2009-10 DCIT, Central Circle-7(3), बनाम/ M/s. Lodha Construction Room No.655, 6th Floor, (Dombivali), Vs. Aayakar Bhavan, M.K. Road, 216,…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Facilities Management Ltd, Mumbai

In the result appeals of the revenue for AY 2007-08 in ITA No

ITA 6605/MUM/2016[2011-12]Status: DisposedITAT Mumbai30 Jul 2018AY 2011-12

Bench: Shri Pawan Singh, Jm & Shri N.K. Pradhan, Am

Section 143(3)Section 269SSection 271DSection 271E

…ITA No.139/Mum/2017-M/s. Lodha Construction P.Ltd. M/s. Aashthavinayak Real Estate P.Ltd.& C.O.s157/M/18 & 154/M/18 IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI PAWAN SINGH, JM AND SHRI N.K. PRADHAN, AM ITA No.139/Mum/2017 Assessment Year 2007-08 ITA No.140/Mum/2017 Assessment Year 2007-08 ITA No.141/Mum/2017 Assessment Year 2008-09 ITA No.142/Mum/2017 Assessment Year 2008-09 ITA No.110/Mum/2017 Assessment Year 2009-10 ITA No.111/Mum/2017 Assessment Year 2009-10 DCIT, Central Circle-7(3), बनाम/ M/s. Lodha Construction Room No.655, 6th Floor, (Dombivali), Vs. Aayakar Bhavan, M.K. Road, 216,…

DCIT Cen Cir 7(3), Mumbai vs. Lodha Construction P. Ltd, Mumbai

In the result appeals of the revenue for AY 2007-08 in ITA No

ITA 6602/MUM/2016[2011-12]Status: DisposedITAT Mumbai30 Jul 2018AY 2011-12

Bench: Shri Pawan Singh, Jm & Shri N.K. Pradhan, Am

Section 143(3)Section 269SSection 271DSection 271E

…ITA No.139/Mum/2017-M/s. Lodha Construction P.Ltd. M/s. Aashthavinayak Real Estate P.Ltd.& C.O.s157/M/18 & 154/M/18 IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI PAWAN SINGH, JM AND SHRI N.K. PRADHAN, AM ITA No.139/Mum/2017 Assessment Year 2007-08 ITA No.140/Mum/2017 Assessment Year 2007-08 ITA No.141/Mum/2017 Assessment Year 2008-09 ITA No.142/Mum/2017 Assessment Year 2008-09 ITA No.110/Mum/2017 Assessment Year 2009-10 ITA No.111/Mum/2017 Assessment Year 2009-10 DCIT, Central Circle-7(3), बनाम/ M/s. Lodha Construction Room No.655, 6th Floor, (Dombivali), Vs. Aayakar Bhavan, M.K. Road, 216,…

DCIT Cen Cir 7(3), Mumbai vs. Jineshwar Real Estate & Farms P.Ltd, Mumbai

In the result, appeal filed by Revenue is dismissed

ITA 598/MUM/2017[2012-13]Status: DisposedITAT Mumbai26 Jun 2018AY 2012-13

Bench: Sh. Rajendra & Sh. Shripawan Singh & Dcit Cc –7 (3), Room No.655,65Th Floor, Aayakar Bhawan, M.K.Road, Mumbai 400020 ----- Appellant / Revenue Represented By Miss Aarju Garodia Sr Dr

Section 143Section 253Section 254(1)Section 269SSection 27Section 271DSection 274

…IN THE INCOME-TAX APPELLATE TRIBUNAL "J" BENCH MUMBAI BEFORE SH. RAJENDRA ACCOUNTANT MEMBER AND SH. SHRIPAWAN SINGH, JUDICIAL MEMBER AND DCIT CC –7 (3), Room No.655,65th Floor, Aayakar Bhawan, M.K.Road, Mumbai 400020 ----- Appellant / Revenue Represented by Miss Aarju Garodia Sr DR Versus M/s Jineshwar Real Estate & Farms P Ltd 216, Shah and Nahar Industrial Road, Off. Dr. E. Moses Road, Worli Mumbai-400020. PAN: AABCJ8083E ----- Respondent / Assessee Represented by Shri Vijay Mehta CA (AR) Date of Hearing : 25.06.2018 Date of Pronouncement : 26.06.2018 Order under section 254(1) of Income –tax Act PER PAWAN…

DCIT Cen Cir 7(3), Mumbai vs. National Standard India Ltd, Mumbai

In the result, appeals filed by the Revenue are dismissed

ITA 6607/MUM/2016[2011-12]Status: DisposedITAT Mumbai06 Jun 2018AY 2011-12

Bench: Shri R.C.Sharma, Am & Shri Ravish Sood, Jm

Section 143(3)Section 269SSection 269TSection 271DSection 271ESection 273BSection 275(1)

…y of penalty u/ss. 271D and 271E of the Act is not automatic, but the genuineness or otherwise of the reasons due to which repayment was made by journal entry has to be considered judiciously. 7. In the order reported as Lodha Builders (P) Ltd. v. ACIT [2014] 163 TTJ 778 (Mum), a bunch of appeals belonging to Lodha group (to which the present assessee belongs) involving identical issue, was disposed of by the co-ordinate Bench in which levy of similar penalties was held to be not sustainable as there was a reasonable cause, copies of which have been placed on record. In deciding the dispute in favour of the asses…

DCIT Cen Cir 7(3), Mumbai vs. Aashthavinayak Estate Company P.Ltd, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 602/MUM/2017[2009-10]Status: DisposedITAT Mumbai31 May 2018AY 2009-10

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm Dcit Cent Cir – 7(3) Vs. M/S. Aasthavinayak Estate Room No. 655, Company Ltd., 6Th Floor, Aayakar Bhavan 216, Shah & Nahar M.K. Road, Industrial Road, Mumbai – 400 020 Dr. E. Moses Road Worli, Mumbai – 400 018 Pan/Gir No. Aagca2863C Appellant) .. Respondent)

Section 143(3)Section 148Section 269SSection 271DSection 27l

…ises, levy of penalty u/ss. 271D of the Act is not automatic, but the genuineness or otherwise of the reasons due to which repayment was made by journal entry has to be considered judiciously. 7. In the order reported as Lodha Builders (P) Ltd. v. ACIT [2014] 163 TTJ 778 (Mum), a bunch of appeals belonging to Lodha group (to which the present assessee belongs) involving identical issue, was disposed of by the co-ordinate Bench in which levy of similar penalties was held to be not sustainable as there was a reasonable cause, copies of which have been placed on record. In deciding the dispute in favour of the asses…