Ventura Textiles Ltd. v. CIT

117 Taxmann.com 182High Court2020#7147 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2020 to 2025.

Also reported as

274 Taxmann 144

Sections most often in play

Section 271(1)(c)Section 274 Section 143(3)Section 139 Section 147

Issues it is cited on

furnishing inaccurate particulars of income furnishing inaccurate particulars penalty under section 271(1)(c)section 274 concealment of income section 271(1)levy of penalty section 271 section 271(1)(c)section 27 section 11 section 147

Judgments citing Ventura Textiles Ltd. v. CIT

M/S RAJASTHAN STATE INDUSTRIAL DEVELOPMENT AND INVESTMENT CORPORATION LTD.,JAIPUR vs. DCIT, CIRCLE-6, JAIPUR, JAIPUR

In the result, both the appeals of the assessee are allowed as indicated hereinabove

ITA 310/JPR/2025[2014-15]Status: DisposedITAT Jaipur06 Aug 2025AY 2014-15

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

For Appellant: Shri P.C. Parwal, CAFor Respondent: Mrs. Anita Rinesh, JCIT-DR

Section 143(3)Section 14ASection 271(1)Section 271(1)(c)Section 274Section 80

…CIT, CIRCLE-6, JAIPUR 271(1)(c) and penalty cannot be imposed for one breach when satisfaction has been recorded for the other breach in the assessment order. Reliance in this connection is placed on the following cases:- Ventura Textiles Ltd. Vs. CIT (2020) 190 DTR 165 (Bom.) (HC) (Case laws compilation index PB 16-18) Proceedings were initiated for furnishing inaccurate particulars of income. However, in the order of penalty, AO held that assessee had concealed its income as well as furnished inaccurate particulars of income. It is trite that penalty cannot be imposed for alleged breach of one limb of sec. 271…

M/S RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORPORATION LTD.,JAIPUR vs. DCIT, CIRCLE-6, JAIPUR, JAIPUR

In the result, both the appeals of the assessee are allowed as indicated\nhereinabove

ITA 309/JPR/2025[2013-14]Status: DisposedITAT Jaipur06 Aug 2025AY 2013-14

For Appellant: Shri P.C. Parwal, CAFor Respondent: Mrs. Anita Rinesh, JCIT-DR

Section 143(3)Section 14ASection 271(1)(c)Section 274Section 80

…RCLE-6, JAIPUR\n\n271(1)(c) and penalty cannot be imposed for one breach when satisfaction has been recorded\nfor the other breach in the assessment order. Reliance in this connection is placed on the\nfollowing cases:-\n\nVentura Textiles Ltd. Vs. CIT (2020) 190 DTR 165 (Bom.) (HC) (Case laws\ncompilation index PB 16-18)\nProceedings were initiated for furnishing inaccurate particulars of income. However, in the\norder of penalty, AO held that assessee had concealed its income as well as furnished\ninaccurate particulars of income. It is trite that penalty cannot be imposed for alleged breach\nof one limb of sec…

DCIT CIRCLE-2, NAGPUR vs. M/S TRISTER RETAIL CONCEPTS PRIVATE LIMITED, NAGPUR

In the result, department’s appeal stands dismissed

ITA 319/NAG/2024[2015-16]Status: DisposedITAT Nagpur25 Feb 2025AY 2015-16

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Sandipkumar Salunke

Section 139Section 143(3)Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA no.319/Nag./2024 (Assessment Year : 2015–16) Dy. Commissioner of Income Tax ……………. Appellant Circle–2, Nagpur v/s M/s. Tristar Retail Concepts Pvt. Ltd. Plot no.2, Near Museum Road ……………. Respondent Near Gupta House, Nagpur 440 001 PAN – AACCT8827H Assessee by : Shri Abhay Agrawal Revenue by : Shri Sandipkumar Salunke Date of Hearing – 04/02/2025 Date of Order – 25/02/2025 O R D E R PER V. DURGA RAO, J.M. This appeal by the Revenue is directed against the impugned orde…

D R COATS INK AND RESINS PVT LTD.,MUMBAI vs. DCIT 12(2)(1), MUMBAI

In the result, appeal of the assessee is allowed

ITA 3188/MUM/2024[2011-12]Status: DisposedITAT Mumbai14 Aug 2024AY 2011-12

Bench: Shri Narendra Kumar Billaiya, Hon’Ble & Shri Sandeep Singh Karhail, Hon’Ble

For Appellant: Revenue byFor Respondent: Smt. Mahita Nair, Sr. D/R

Section 143(3)Section 271(1)(c)Section 274

…| आयकर अपीलीय अिधकरण "ायपीठ, मुंबई | IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI NARENDRA KUMAR BILLAIYA, HON’BLE ACCOUNTANT MEMBER & SHRI SANDEEP SINGH KARHAIL, HON’BLE JUDICIAL MEMBER I.T.A. No. 3188/Mum/2024 Assessment Year: 2011-12 D R Coats Ink and Resins Pvt. Ltd. Deputy Commissioner of Income 230, New Sonal Link Tax – 12(2)(1), Mumbai Vs Indl. Estate, Bldg No. 2 Link Road Malad (W) Mumbai - 400064 [PAN: AABCD8645A] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Shri Vimal Punmiya, A/R Assessee by : Revenue by : Smt. Mahita Nair, Sr. D/R सुनवाई की तारीख/Date of Hearing : 12/08/2024 घोष…

KAILASH PARASHAR,PUSHKAR,AJMER vs. INCOME TAX OFFICER WARD 1(3), AJMER

In the result, the appeal of the assessee is allowed

ITA 90/JPR/2024[2016-17]Status: DisposedITAT Jaipur02 Aug 2024AY 2016-17

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

For Appellant: Shri P.C. Parwal, CAFor Respondent: Mrs. Monisha Choudhary, Addl. CIT-DR

Section 2(14)Section 271(1)Section 271(1)(c)Section 54

…e specific premise that assessee had furnished inaccurate particulars of income. 13. In view of the law laid down in the authorities referred by us, we are of the view that the penalty order Is not sustainable in law.” (2) Ventura Textiles Ltd. Vs. CIT (2020) 190 DTR 165 (Bom.) (HC) Proceedings were initiated for furnishing inaccurate particulars of income. However, in the order of penalty, AO held that assessee had concealed its income as well as furnished inaccurate particulars of income. It is trite that penalty cannot be imposed for alleged breach of one limb of sec. 271(1)(c) while penalty proceedings were i…

DINESH SOMATMAL DHOKAR,MUMBAI vs. INCOME TAX OFFICER - 19(1)(1), MUMBAI

In the result, both the appeals are partly allowed

ITA 3556/MUM/2023[2009-10]Status: DisposedITAT Mumbai21 May 2024AY 2009-10

Bench: Shri Prashant Maharishi, Am & Shri Sunil Kumar Singh, Jm

For Appellant: Ms. Ridhisha Jain, AR

Section 143(3)Section 147Section 148Section 271Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, AM AND SHRI SUNIL KUMAR SINGH, JM ITA No. 3556/Mum/2023 (Assessment Year: 2009-10) Dinesh Somatmal Dhokar, Bldg No.1, Room No.6, Income Tax Officer 1st Floor, Vaibhav C Wing, Ward 19(1)(1) Vs. Dedarkar Compound, Mumbai-400 Tardeo Road, Mumbai-400 034 (Appellant) (Respondent) PAN No. AAAPD8605N Assessee by : Ms. Ridhisha Jain, AR : Smt. Mahita Nair, DR Revenue by Date of hearing: 14.05.2024 Date of pronouncement : 21.05.2024 O R D E R PER PRASHANT MAHARISHI, AM: 01. ITA No. 3556/Mum/2023 is filed by the assessee for A.Y. 2009-…

DINESH SOMATMAL DHOKAR,MUMBAI vs. INCOME TAX OFFICER - 19(1)(1), MUMBAI

In the result, both the appeals are partly allowed

ITA 3555/MUM/2023[2010-11]Status: DisposedITAT Mumbai21 May 2024AY 2010-11

Bench: Shri Prashant Maharishi, Am & Shri Sunil Kumar Singh, Jm

For Appellant: Ms. Ridhisha Jain, AR

Section 143(3)Section 147Section 148Section 271Section 271(1)(c)

NIWAS SPINNING MILLS LIMITED,SOLAPUR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, SOLAPUR

The appeal is allowed in above terms

ITA 724/PUN/2023[2016-17]Status: DisposedITAT Pune30 Oct 2023AY 2016-17

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.724/Pun/2023 िनधा"रण वष" / Assessment Year : 2016-17 Niwas Spinning Mills Ltd., The Acit, C/O. Vijay Ramniwas Jaju, 406- V Circle-1, Solapur. A, West Mangalwar Peth, Chati S Galli, Solapur – 413002. Pan: Aaacn6350 P Appellant / Assessee Respondent / Revenue Assessee By Shri Girish Ladda – Ar Revenue By Shri Ramnath P Murkunde – Dr Date Of Hearing 29/08/2023 Date Of Pronouncement 30/10/2023

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

…आयकर अपीलीय अिधकरण ”ए” "ायपीठ पुणेम"। IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “A” :: PUNE BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.724/PUN/2023 िनधा"रण वष" / Assessment Year : 2016-17 Niwas Spinning Mills Ltd., The ACIT, C/o. Vijay Ramniwas Jaju, 406- V Circle-1, Solapur. A, West Mangalwar Peth, Chati s Galli, Solapur – 413002. PAN: AAACN6350 P Appellant / Assessee Respondent / Revenue Assessee by Shri Girish Ladda – AR Revenue by Shri Ramnath P Murkunde – DR Date of hearing 29/08/2023 Date of pronouncement 30/10/2023 आदेश/ ORDER PER DR.…

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8,, PUNE vs. M/S. FINOLEX CABLES LTD,, PUNE

In the result, the appeal filed by the Revenue in ITA

ITA 87/PUN/2021[2011-12]Status: DisposedITAT Pune26 Sept 2022AY 2011-12

Bench: Shri S. S. Godara & Shri Inturi Rama Raoआयकर अपील सं. / Ita Nos.86 & 87/Pun/2021 िनधा"रण वष" / Assessment Years: 2010-11 & 2011-12 Dcit, Circle-8, Pune. Vs. M/S. Finolex Cables Ltd., 26/27, Mumbai – Pune Road, Pimpri, Pune- 411018. Pan : Aaacf2637D Appellant Respondent Revenue By : Shri Ramnath P. Murkunde Assessee By : Shri J. G. Pendse Date Of Hearing : 09.09.2022 Date Of Pronouncement : 26.09.2022 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Revenue Directed Against The Separate Orders Of Ld. Commissioner Of Income Tax (Appeals)- 11, Pune [‘The Cit(A)’] Dated 12.10.2020 For The Assessment Years 2010-11 & 2011-12 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal In Ita No.86/Pun/2021 For The Assessment Year 2010-11 Are Stated Herein.

For Appellant: Shri J. G. PendseFor Respondent: Shri Ramnath P. Murkunde

Section 143(3)Section 14ASection 153ASection 271(1)(c)Section 274Section 80

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI S. S. GODARA, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER आयकर अपील सं. / ITA Nos.86 & 87/PUN/2021 िनधा"रण वष" / Assessment Years: 2010-11 & 2011-12 DCIT, Circle-8, Pune. Vs. M/s. Finolex Cables Ltd., 26/27, Mumbai – Pune Road, Pimpri, Pune- 411018. PAN : AAACF2637D Appellant Respondent Revenue by : Shri Ramnath P. Murkunde Assessee by : Shri J. G. Pendse Date of hearing : 09.09.2022 Date of pronouncement : 26.09.2022 आदेश / ORDER PER INTURI RAMA RAO, AM: These are the appeals filed by the Revenue directed against the separate…

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8,, PUNE vs. M/S. FINOLEX CABLES LTD,, PUNE

In the result, the appeal filed by the Revenue in ITA

ITA 86/PUN/2021[2010-11]Status: DisposedITAT Pune26 Sept 2022AY 2010-11

For Appellant: Shri J. G. PendseFor Respondent: Shri Ramnath P. Murkunde

Section 143(3)Section 14ASection 153ASection 271(1)(c)Section 274Section 80

KEMIA INDUSTRIES LIMITED,CHENNAI vs. ITO, CHENNAI

The appeal stands allowed in terms of our above order

ITA 1276/CHNY/2017[2012-13]Status: DisposedITAT Chennai04 May 2022AY 2012-13

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Anikesh Banerjee, Jm

For Appellant: Shri G. Baskar (Advocate) – Ld. ARFor Respondent: Shri Guru Bashyam (CIT) – Ld. DR

Section 271(1)(c)

…Tribunal is set aside and the substantial questions of law are answered in favour of the assessee. No costs. Similar legal grounds qua framing of specific charge in the notice have been allowed by Hon’ble High Court of Bombay in Ventura Textiles ltd. V/s CIT (117 Taxmann.com 182); Hon’ble High Court of Karnataka in CIT V/s MWP Ltd. (41 Taxmann.com 496) as well as in Safina Hotels (P.) Ltd. V/s CIT (66 Taxmann.com 334) which has been relied upon by Ld. AR during the course of hearing. We find all these decision supports the case of the assessee on legal grounds. The Ld. CIT-DR has relied on the decision of Hon’ble…

JAMNALAL BAJAJ FOUNDATION,NEW DELHI vs. DCIT (E), NEW DELHI

The appeal of the assessee is allowed

ITA 2033/DEL/2017[2009-10]Status: DisposedITAT Delhi03 Sept 2021AY 2009-10

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Section 11(2)Section 11(3)Section 12ASection 143(3)Section 271Section 271(1)(C)Section 271(1)(c)Section 274

…1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘D’ NEW DELHI BEFORE SHRI R. K. PANDA ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER I.T.A. No. 2033/DEL/2017 (A.Y 2009-10) (THROUGH VIDEO CONFERENCING) Jamnalal Bajaj Foundation Vs DCIT(E) C/o. Bajaj Auto Ltd. Circle-1(1), Room No. 2418, B/60-61, Naraina Industrial 24th Floor, E-2, Pratyaksh Area, Phase-II, New Delhi Kar Bhawan, Civic Centre, AAATJ0402B J. L. Nehru Marg, (APPELLANT) New Delhi (RESPONDENT) Appellant by Ms. Vasanti Patel, Adv, Sh. Mahender Govil, CA Respondent by Sh. Munish Kumar, CIT DR Date of Hearing 12.08.2021 Date of Pron…

M/S OLIVE SOFTGEL,MUMBAI vs. ITO WARD 26 (2)(4), MUMBAI

In the result, appeal of the assessee is allowed

ITA 6596/MUM/2019[2009-10]Status: DisposedITAT Mumbai02 Jul 2021AY 2009-10

Section 271(1)Section 271(1)(c)Section 274

…striking off the inapplicable parts of that generic notice.” 4 M/s. Olive Softgel 3.2. We find that the Hon’ble Jurisdictional High Court in the aforesaid decision had duly considered its earlier decision of Ventura Textiles Ltd dated 12.06.2020 reported in 117 Taxmann.com 182 which had been heavily relied upon by the ld. DR before us. Hence, we hold that the reliance placed by the ld DR on this decision of Ventura Textiles reported in 117 Taxmann.com 182 would not advance the case of the Revenue. Moreover, we find that the decision of the Hon’ble Jurisdictional High Court in the case of Mohd. Farhan A Shaikh r…

ANIL BAJARIA,MUMBAI vs. ACIT 26 (1), MUMBAI

In the result, appeal of the assessee is allowed

ITA 6553/MUM/2019[2012-13]Status: DisposedITAT Mumbai02 Jul 2021AY 2012-13

Section 271(1)(c)Section 274

…m without deleting or striking off the inapplicable parts of that generic notice.” 3.1. We find that the Hon’ble Jurisdictional High Court in the aforesaid decision had duly considered its earlier decision of Ventura Textiles Ltd dated 12.06.2020 reported in 117 Taxmann.com 182 which had been heavily relied upon by the ld. DR before us. Hence, we hold that the reliance placed by the ld DR on this decision of Ventura Textiles reported in 117 Taxmann.com 182 would not advance the case of the Revenue. Moreover, we find that the decision of the Hon’ble Jurisdictional High Court in the case of Mohd. Farhan A Shaikh r…

VINAY GIRDHARI MOTWANI,MUMBAI vs. ACIT 17(3), MUMBAI

In the result, appeal of the assessee is allowed as indicated above

ITA 210/MUM/2019[2010-11]Status: DisposedITAT Mumbai17 Nov 2020AY 2010-11

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleshri Vinay Giridhari Motwani V. Acit – 17(3) Elegant Apartment 3, Sobani Road Aayakar Bhavan Colaba, Mumbai – 400 005 M.K. Road Mumbai – 400 020 Pan: Aadpm3598G (Appellant) (Respondent) Assessee By : Shri Nishit Gandhi Department By : M. Samatha

For Appellant: Shri Nishit GandhiFor Respondent: M. Samatha

Section 271(1)(c)Section 274

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “F”, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER Shri Vinay Giridhari Motwani v. ACIT – 17(3) Elegant Apartment 3, Sobani Road Aayakar Bhavan Colaba, Mumbai – 400 005 M.K. Road Mumbai – 400 020 PAN: AADPM3598G (Appellant) (Respondent) Assessee by : Shri Nishit Gandhi Department by : M. Samatha Date of Hearing : 21.10.2020 Date of Pronouncement : 17.11.2020 O R D E R PER C.N. PRASAD (JM) 1. This appeal is filed by the assessee against the order of the Learned Commissioner of Income Tax (Appeals) –…

EMCO DYESTUFF PVT. LTD.,MUMBAI vs. CIT (A)- 20 , MUMBAI

In the result, appeal of the assessee is allowed

ITA 5576/MUM/2018[2014-15]Status: DisposedITAT Mumbai28 Aug 2020AY 2014-15

Bench: Shri M.Balaganesh, Am & Shri Ram Lal Negi, Jm M/S. Emco Dyestuff Pvt.Ltd. Vs. Commissioner Of Income Unit No.304, Western Edge Tax(A)-20, 5Th Floor, Earnest House, W.E. Highway Dattapada Road Nariman Point Borivali (E) Mumbai-400021 Mumbai – 400 066 Pan/Gir No.Aaace1167D (Appellant) .. (Respondent) Assessee By Shri K. Gopal Revenue By Shri Amit Pratap Singh Date Of Hearing 24/08/2020 Date Of Pronouncement 28/08/2020

Section 143(3)Section 271(1)(c)Section 274Section 32

…IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT DB-III), ‘E’ BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI RAM LAL NEGI, JM M/s. Emco Dyestuff Pvt.Ltd. Vs. Commissioner of Income Unit No.304, Western Edge Tax(A)-20, 5th Floor, Earnest House, W.E. Highway Dattapada Road Nariman Point Borivali (E) Mumbai-400021 Mumbai – 400 066 PAN/GIR No.AAACE1167D (Appellant) .. (Respondent) Assessee by Shri K. Gopal Revenue by Shri Amit Pratap Singh Date of Hearing 24/08/2020 Date of Pronouncement 28/08/2020 आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in ITA No.5576/Mum/2018 for A.Y.2014-15 arises out of…