Mr. Mohd. Farhan A. Shaikh v. ACIT

Income Tax Officer, Mumbai vs. Jaiprakash Dhirajlal Barbhaya, Mumbai

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

Bench: Shir Pavan Kumar Gadale & Shri Girish Agrawalito-41(2)(2), Vs. Jaiprakash Dhirajlal R.No.612, 6Th Floor, Barbhaya, Kautilya Bhavan, Bkc 301, Mahavir Apt, Bandra (E), Nahur Road, Mumbai-400051. Sarvodaya Nagar, Mumbai-400080. Pan/Gir No. : Agppb9599J Appellant .. Respondent Appellant By : Ms.Rajeshwari Menon.Sr.Dr Respondent By : None Date Of Hearing 15.05.2024 Date Of Pronouncement 16.05.2024 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi / Cit(A) Passed U/Sec 271(1)(C) & U/Sec 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

…eme Court, Honble High Court and Honble Tribunal decisions and deleted the penalty. 7. We find the Jurisdictional Honble High Court of Bombay in Mr.Mohd Farhan A Shaikh Vs. DCIT in Tax Appeal No. 51 to 57 of 2012 dated 11.03.2021. (2021) 125.taxmann.com 253 /434 ITR 1 (Bombay) has dealt on this disputed issue of not striking off charge in the penalty notice would vitiate the penalty proceedings. The Hon’ble High Court has made observations at page 56 as under; 180. One course of before us is curing a defect in the notice by referring to the assessment order, which may or not contain reason for the penalty proce…

Model Sales Agency Pvt Ltd, Mumbai vs. Income Tax Officer, 5(2)(3), Mumbai

In the result, in terms of paragraph 9 above, the appeal preferred

Bench: SHRI AMARJIT SINGH, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

…271(1)(c) of the Act and submitted that the levy of penalty under Section 271(1)(c) of the Act cannot be sustained in view of the judgment of Full Bench of the Hon’ble Bombay High Court in the case of Mohd. Farhan A Shaikh Vs. DCIT, Central Circle-1, Belgaum: 434 ITR 1 (Bombay), as the aforesaid penalty notice has been issued without deleting or striking off inapplicable part. While the Ld. Departmental Representative relied upon the Assessment Order, dated 31/03/2015 and the Penalty Order, dated 29/03/2019 to support the stand of the Revenue, the Learned Departmental Representative fairly acknowledged the fact t…

Striver Capital Advisors Private Ltd, Mumbai vs. Deputy Commissioner of Income Tax, Circle 14(3)(4), Mumbai

In the result, appeal of the assessee is allowed

Bench: Shri B.R. Baskaran () & Shri Vikas Awasthy ()

…of the said notice would show that irrelevant clauses in the preprinted proforma have not been struck off by the Assessing Officer. This makes the notice ambiguous and vague. He placed reliance on the decision in the case of Mohd. Farhan A. Shaikh reported as 434 ITR 1 (Bom)(FB) to contend that non-striking of inapplicable portion in the notice makes the notice defective, penalty proceedings initiated on the basis of defective notice are legally unsustainable. 4. Per contra, Shri Suresh D. Gaikwad, Sr. AR representing the Department strongly defended the impugned order and prayed for dismissing appeal of the ass…

Lords Inn Hotels and Developers Private Limited, Andheri West vs. DCIT, Central Circle -3(1), Nariman Point

Bench: SHRI B.R. BASKARAN, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

…Appellant in this regard on the provisions of Section 271(1)(c) of the Act and the judgment pertaining thereto [including the judgment of the Full Bench of the Hon’ble Bombay High Court in the case of Mohd. Farhan A Shaikh Vs. DCIT, Central Circle-1, Belgaum: 434 ITR 1 (Bombay)] is clearly misplaced. 6. The next issue that arises for consideration is whether or not the Assessee should be informed that the Assessing Officer is proposing to levy penalty for under-reporting of income or penalty for under-reporting of income in consequence of misreporting. 6.1. It is settled legal position penalty levied under the…

Allied Photographics India Limited, Churchgate vs. National Faceless Assessment Center, Delhi

Bench: SHRI B.R. BASKARAN, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

…the Learned Authorised Representative for Appellant in this regard on the provisions of Section 271(1)(c) of the Act and the judgment of the Full Bench of the Hon’ble Bombay High Court in the case of Mohd. Farhan A Shaikh Vs. DCIT, Central Circle-1, Belgaum: 434 ITR 1 (Bombay) is clearly misplaced. Communication of Charge & Notice under Section 274 of the Act 8. The next issue that arises for consideration is whether or not the Assessee should be informed that the Assessing Officer is proposing to levy penalty for under-reporting of income or penalty for under-reporting of income in consequence of misreporting.…

Jatin Enterprises, Mumbai vs. ACIT-19(2), Mumbai

In the result, impugned order is set aside and appeal of assessee is allowed

Bench: Shri Vikas Awasthy& Shri S.Rifaur Rahmanआअसं.3885/मुं/2023 (िन.व. 2009-10) Jatin Enterprises, 31, Savita Sadan, 1St Parsiwada, V.P.Road, C.P.Tank, Mumbai – 400 004. Pan: Aaafj-4667-N ...... अपीलाथ"/Appellant बनाम Vs. Acit-19(2),Mumbai, Matru Mandir, Income Tax Office,Tardeo, Mumbai – 400 007. ....."ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Rajesh Bhende "ितवादी "ारा/Respondent By : Ms. Rajeshwari Menon, Sr.A.R सुनवाई की ितिथ/ Date Of Hearing : 20/03/2024 घोषणा की ितिथ/ Date Of Pronouncement : 21/03/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 01/09/2023, For The Assessment Year 2009-10, Confirming Levy Of Penalty U/S. 271(1)(C) Of The Income Tax Act, 1961[ In Short ‘The Act’].

…आयकर अपीलीय अिधकरण मुंबई पीठ “एफ ”,मुंबई "ी िवकास अव"थी,"ाियक सद" एवं "ी एस. "रफौर रहमान, लेखाकार सद" के सम" IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “ F ”, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER& SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER आअसं.3885/मुं/2023 (िन.व. 2009-10) Jatin Enterprises, 31, Savita Sadan, 1st Parsiwada, V.P.Road, C.P.Tank, Mumbai – 400 004. PAN: AAAFJ-4667-N ...... अपीलाथ"/Appellant बनाम Vs. ACIT-19(2),Mumbai, Matru Mandir, Income Tax Office,Tardeo, Mumbai – 400 007. ....."ितवादी/Respondent अपीलाथ" "ारा/ Appellant by : Shri Rajesh Bhende "ितवादी "ारा/Respondent by : Ms. Ra…

S Sagar Enterprise, Mumbai vs. DCIT Central Circle 1(1), Mumbai

In the result, appeal of the assessee is allowed

Bench: Shri Br Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No. 2895/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2010-11) S Sagar Enterprise बिधम/ Dcit, Cc-1(1) Be-5010, Bharat Diamond Pratishtha Bhavan, Old Vs. Bourse, Bandra Kurla Cgo Annexe, Maharishi Complex, Bandra (East), Karve Road, Mumbai- Mumbai-400051. 400020. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aagfs8866G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Rahul Sarda (Adv) Revenue By: Shri Nayanjyoti Nath (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 05/02/2024 घोषणा की तारीख /Date Of Pronouncement: 13/02/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-47, Mumbai Dated 22.06.2023 For The Assessment Year 2010-11. 2. The Main Grievance Of The Assessee As Discernable From Perusal Of Grounds Of Appeal Is Against The Action Of The Ld. Cit(A) Confirming The Penalty Levied By The Ao U/S 271(1)(C) Of The Income Tax Act, 1961, Act (Hereinafter “The Act”) To The Tune Of Rs.16,17,140/-.

…itself is bad in law, and consequently the penalty levied is vitiated. In this context, we find that same issue has come up for consideration before the Full bench of the Hon’ble Jurisdictional High Court in the case of Mohd. Farhan A. Shaikh Vs. DCIT (2021) 434 ITR 1 (Bombay) dated 11.03.2021 wherein their Lordships has held that the show cause notice issued prior to levy of penalty without specifying the fault/charge against which the assessee would vitiate the penalty itself. And thus the Hon’ble Full Bench of the High Court upheld the view of the division bench order in the case of PCIT Vs. Goa Dourado Promo…