What is Weaving Mills Ltd. 224 CTR 1 (SC) (iii) Dilip N Shroff v. JCIT authority for?

Penalty under Section 271(1)(c) cannot be levied for furnishing inaccurate particulars of income if the assessee proves bona fide by offering a valid explanation, especially in cases of genuine difference of opinion or subjective interpretations of law.

Weaving Mills Ltd. 224 CTR 1 (SC) (iii) Dilip N Shroff v. JCIT (122 TTJ 721)

Q: How many judgments cite Weaving Mills Ltd. 224 CTR 1 (SC) (iii) Dilip N Shroff v. JCIT?

21 judgments on BharatTax cite Weaving Mills Ltd. 224 CTR 1 (SC) (iii) Dilip N Shroff v. JCIT (122 TTJ 721), spanning 2016 to 2022.

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)

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR, VICE PRESIDENT & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER DCIT, 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 ACIT, (EXEMPTION) CIRCLE-2,, AHMEDABAD vs. JAMNAGAR AREA DEVELOPMENT AUTHORITY, JAMNAGAR

In the result, both the appeals filed by the Revenue are hereby dismissed

ITA 1/AHD/2020[2012-13]Status: DisposedITAT Ahmedabad22 Jul 2022AY 2012-13

For Appellant: Shri James Kurian, CIT/DRFor Respondent: Shri Vimal Desai, A.R

Section 11Section 11(1)(a)Section 11(2)Section 143(1)Section 2(15)Section 271(1)(c)Section 274

…A) also as follows various case laws on the ground penalty cannot be levied on highly debatable issues of applicability of proviso to Section 271(1)(c) of the Act. The same are reproduced as follows: (A) ITAT Pune in the case of Kambay Software India (P) Ltd. 122 TTJ 721 (Pune) wherein it is held that "particulars" refer to facts, defects, specifics of the information about someone or something. Thus, the details or information about the income would deal with the factual details of income and cannot be extended to areas which are subjective such as status of taxability of income, admissibility of deduction and i…

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)

…an successfully prove his bona fide by tendering a valid explanation then, penalty cannot be levied. Hence, in 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. In the case of CIT- v- Sidhanha Enterprises 184 Taxman 460 PH, the 'A' suffered loss on sale of machinery which was set off against other incomes. AO disallowed such claim & initiated penalty proceedings u/s 271. Tribunal deleted the penalty. The HC held that Dharmendra's case cannot be read as laying down that in every case where particulars 2…

DINESHCHANDRA N. SHAH,,JAMNAGAR. vs. INCOME TAX OFFICER, WARD-2(5),, JAMNAGAR.

In the result, the appeal of the assessee is allowed

ITA 128/RJT/2018[2013-14]Status: DisposedITAT Rajkot02 Jun 2020AY 2013-14

For Appellant: Shri Chetan Agrawal, A.RFor Respondent: Shri Suhas Mistry, Sr. D.R

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

…uch circumstances, we are of the view that there cannot be any penalty for the addition made to the total income on account of such interest income. In holding so we draw support from the order of ITAT Pune Bench in the case of Kanbay Software India Pvt. Ltd. 122 TTJ 721 wherein it was held as under: “Whether or not a person has acted bona fide reflects the state of his mind in respect of his conduct, and, therefore, the assessee has his inherent limitations in establishing this aspect of the manner. All that the assessee can do is to explain the circumstances in I.T.A No. 128/Rjt/2018 A.Y. 2013-14 Page No 5 Shr…

JT. CIT (OSD), CENTRAL, CIRCLE-2,, VADODARA vs. M/S. SHREEDHAR ASSOCIATES,, BARODA

In the result, Revenue’s appeal stands dismissed

ITA 719/AHD/2018[2013-14]Status: DisposedITAT Ahmedabad05 Mar 2020AY 2013-14

Bench: Shri Sandeep Gosain & Shri Amarjit Singh

For Appellant: Shri Samir Tekriwal, CIT-DRFor Respondent: Shri Manish Shah, AR

Section 131Section 139(1)Section 143(3)Section 271Section 271(1)(c)

…have been brought to tax, that the on-money received was unaccounted income which was admitted by the assessee when it was confronted with, the 'diary' during the survey. For the purpose of 'particular(s)' the AO has relied upon Kanbay Software India (P) Ltd. 122 TTJ 721 (Pune) wherein it was held that the expression 'particular' refers to facts, details, specifics or the information about someone or something and that the details or information about the Income' could deal with factual details of income". With due respect, I do not find that these help the case of the penalty. 5.2 I further note that the penalt…

ORBIT CORPORATION LTD,MUMBAI vs. DCIT CEN CIR 47, MUMBAI

In the result, appeals of the assessee for all three assessment years i

ITA 7036/MUM/2017[2009-10]Status: DisposedITAT Mumbai19 Feb 2020AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble & Shri G. Manjunatha, Hon'Ble

For Appellant: NoneFor Respondent: Shri Awangshi Gimson

Section 143(3)Section 271(1)(c)Section 271ASection 80I

…ore, one must understand the meaning of the words ‘particulars of income’. The Hon’ble ITAT had to consider the meaning of the expression ‘furnishing of inaccurate particulars of income appearing in Sec. 271(1)(c) in the case of Kanbay Software India (P) Ltd, 122 TTJ 721 (Pune). It was held that the expression particular refers to facts, details, specifics or the information about some or something. Thus, the details or information about the income would deal with factual details of income and cannot be extended to areas which are subjective such as status of the taxability of an income, admissibility of a deduct…

ORBIT CORPORATION LTD,MUMBAI vs. DCIT CEN CIR 47, MUMBAI

In the result, appeals of the assessee for all three assessment years i

ITA 7035/MUM/2017[2008-09]Status: DisposedITAT Mumbai19 Feb 2020AY 2008-09

Bench: Shri C.N. Prasad, Hon'Ble & Shri G. Manjunatha, Hon'Ble

For Appellant: NoneFor Respondent: Shri Awangshi Gimson

Section 143(3)Section 271(1)(c)Section 271ASection 80I

…ore, one must understand the meaning of the words ‘particulars of income’. The Hon’ble ITAT had to consider the meaning of the expression ‘furnishing of inaccurate particulars of income appearing in Sec. 271(1)(c) in the case of Kanbay Software India (P) Ltd, 122 TTJ 721 (Pune). It was held that the expression particular refers to facts, details, specifics or the information about some or something. Thus, the details or information about the income would deal with factual details of income and cannot be extended to areas which are subjective such as status of the taxability of an income, admissibility of a deduct…

ORBIT CORPORATION LTD,MUMBAI vs. DCIT CEN CIR 47, MUMBAI

In the result, appeals of the assessee for all three assessment years i

ITA 7034/MUM/2017[2010-2011]Status: DisposedITAT Mumbai19 Feb 2020AY 2010-2011

Bench: Shri C.N. Prasad, Hon'Ble & Shri G. Manjunatha, Hon'Ble

For Appellant: NoneFor Respondent: Shri Awangshi Gimson

Section 143(3)Section 271(1)(c)Section 271ASection 80I

…ore, one must understand the meaning of the words ‘particulars of income’. The Hon’ble ITAT had to consider the meaning of the expression ‘furnishing of inaccurate particulars of income appearing in Sec. 271(1)(c) in the case of Kanbay Software India (P) Ltd, 122 TTJ 721 (Pune). It was held that the expression particular refers to facts, details, specifics or the information about some or something. Thus, the details or information about the income would deal with factual details of income and cannot be extended to areas which are subjective such as status of the taxability of an income, admissibility of a deduct…

INJECT CARE PARENTERALS PVT. LTD.,VAPI vs. DCIT, CIRCLE-2(1)(1),, AHMEDABAD

In the result, the appeal of the assessee is allowed

ITA 739/AHD/2018[2010-11]Status: DisposedITAT Ahmedabad23 Jan 2020AY 2010-11

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 739/Ahd/2018 "नधा"रण वष"/Asstt. Year: 2010-2011 Inject Care Parenterals Pvt. Ltd., D.C.I.T., Plot No.130, Gidc, Vs. Circle-2(1)(1), Vapi, Ahmedabad. Gujarart.

For Appellant: Shri Manish J. Shah, A.RFor Respondent: Shri Dileep Kumar, Sr.D.R

Section 139(1)Section 143(3)Section 271Section 271(1)(c)Section 274Section 36Section 36(1)(v)Section 37Section 43B

…of the assessee to furnish the inaccurate/ conceal the particulars of income. So there cannot be any penalty in the present facts and circumstances. In holding so we draw support from the order of ITAT Pune Bench in the case of Kanbay Software India Pvt. Ltd. 122 TTJ 721 wherein it was held as under: “Whether or not a person has acted bona fide reflects the state of his mind in respect of his conduct, and, therefore, the assessee has his inherent limitations in establishing this aspect of the manner. All that the assessee can do is to explain the circumstances in which he has acted in a particular manner and set…

THE ITO, WARD-3(1)(1),, AHMEDABAD vs. M/S. NASCENT INFO TECHNOLOGIES PVT. LTD.,, AHMEDABAD

In the result the appeal of the Revenue is dismissed

ITA 2828/AHD/2016[2012-13]Status: DisposedITAT Ahmedabad27 Mar 2019AY 2012-13

Bench: Shri Waseem Ahmed & M/S. Madhumita Royआयकर अपील सं./I.T.A. No. 2828/Ahd/2016 ("नधा"रण वष" / Assessment Year : 2012-13) बनाम/ Ito M/S. Nascent Info Technologies Pvt. Ltd. Ward-3(1)(1), Vs. A-805, Sapath-Iv, Opp. Ahmedabad Karnavati Club, Ahmedabad- 380054 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aac Cn3 670 J (अपीलाथ" /Appellant) .. (""यथ" / Respondent) अपीलाथ" ओर से /Appellant By : Santosh Karnani, Sr. Dr ""यथ" क" ओर से / Respondent By: Mehul K. Patel, Ar सुनवाई क" तार"ख / Date Of Hearing 13/02/2019 घोषणा क" तार"ख /Date Of Pronouncement 27/03/2019 आदेश/O R D E R Per Waseem Ahmed - Am:

For Appellant: Santosh Karnani, Sr. DRFor Respondent: Mehul K. Patel, AR

Section 143(3)Section 194Section 271(1)(c)Section 274Section 44A

…ed on two charges i.e. (1) concealment of particulars of income (2) furnishing of inaccurate particulars of income. The common factor in the above charge is "particulars of income" has been considered by ITAT Pune in the case of Kambay Software India (P) Ltd. 122 TTJ 721 (Pune). In this case it was held that "particulars" refer to facts, defects, specifics or the information about someone or something. Thus, the details or information about the income would deal with the factual details of income and cannot be extended to areas which are subjective such as status of taxability of income, admissibility of deductio…

DECISION CRAFT ANALYTICS LTD.,AHMEDABAD vs. THE DY.CIT.,CIRCLE-1,, AHMEDABAD

In the result, both the appeals of the assessee are allowed

ITA 1162/AHD/2015[2008-09]Status: DisposedITAT Ahmedabad21 Jan 2019AY 2008-09

Bench: Justice P.P. Bhatt & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.1161 & 1162/Ahd/2015 ("नधा"रण वष"/Assessment Years : 2007-08 & 2008-09) Decision Craft Analytics Ltd. The Dcit बनाम/ 601, Shahpath-Ii Circle-1 Vs. Opp. Rajpath Club Ahmedabad Sg Highway, Ahmedabad "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcc 5157 E .. (अपीलाथ"/Appellant) (""यथ" / Respondent) अपीलाथ" ओर से/ Appellant By : Shri Krupesh Patel, Ar ""यथ" क" ओर से/Respondent By: Shri Vinod Tanwani, Sr.Dr

For Appellant: Shri Krupesh Patel, ARFor Respondent: Shri Vinod Tanwani, Sr.DR

Section 10ASection 143(3)Section 271(1)(c)Section 274

…IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, AHMEDABAD BEFORE JUSTICE P.P. BHATT, PRESIDENT And SHRI WASEEM AHMED, ACCOUNTANT MEMBER आयकर अपील सं./ITA Nos.1161 & 1162/Ahd/2015 ("नधा"रण वष"/Assessment Years : 2007-08 & 2008-09) Decision Craft Analytics Ltd. The DCIT बनाम/ 601, Shahpath-II Circle-1 Vs. Opp. Rajpath Club Ahmedabad SG Highway, Ahmedabad "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AABCC 5157 E .. (अपीलाथ"/Appellant) (""यथ" / Respondent) अपीलाथ" ओर से/ Appellant by : Shri Krupesh Patel, AR ""यथ" क" ओर से/Respondent by: Shri Vinod Tanwani, Sr.DR 03/01/2019 सुनवाई क" तार"ख/ Date of Hearing घोषणा क"…

DECISION CRAFT ANALYTICS LTD.,AHMEDABAD vs. THE DY.CIT.,CIRCLE-1,, AHMEDABAD

In the result, both the appeals of the assessee are allowed

ITA 1161/AHD/2015[2007-08]Status: DisposedITAT Ahmedabad21 Jan 2019AY 2007-08

Bench: Justice P.P. Bhatt & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.1161 & 1162/Ahd/2015 ("नधा"रण वष"/Assessment Years : 2007-08 & 2008-09) Decision Craft Analytics Ltd. The Dcit बनाम/ 601, Shahpath-Ii Circle-1 Vs. Opp. Rajpath Club Ahmedabad Sg Highway, Ahmedabad "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcc 5157 E .. (अपीलाथ"/Appellant) (""यथ" / Respondent) अपीलाथ" ओर से/ Appellant By : Shri Krupesh Patel, Ar ""यथ" क" ओर से/Respondent By: Shri Vinod Tanwani, Sr.Dr

For Appellant: Shri Krupesh Patel, ARFor Respondent: Shri Vinod Tanwani, Sr.DR

Section 10ASection 143(3)Section 271(1)(c)Section 274

…IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, AHMEDABAD BEFORE JUSTICE P.P. BHATT, PRESIDENT And SHRI WASEEM AHMED, ACCOUNTANT MEMBER आयकर अपील सं./ITA Nos.1161 & 1162/Ahd/2015 ("नधा"रण वष"/Assessment Years : 2007-08 & 2008-09) Decision Craft Analytics Ltd. The DCIT बनाम/ 601, Shahpath-II Circle-1 Vs. Opp. Rajpath Club Ahmedabad SG Highway, Ahmedabad "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AABCC 5157 E .. (अपीलाथ"/Appellant) (""यथ" / Respondent) अपीलाथ" ओर से/ Appellant by : Shri Krupesh Patel, AR ""यथ" क" ओर से/Respondent by: Shri Vinod Tanwani, Sr.DR 03/01/2019 सुनवाई क" तार"ख/ Date of Hearing घोषणा क"…

THE DY. CIT, CIRCLE-1(3),, BARODA vs. M/S. FINE LINE CIRCUIT COMPANY,, VADODARA

In the result, the appeal of the revenue is dismissed

ITA 1920/AHD/2016[2010-11]Status: DisposedITAT Ahmedabad30 Nov 2018AY 2010-11

For Appellant: Shri Sanket Bakshi, A.RFor Respondent: Shri S.K. Dev, Sr. D.R

Section 10BSection 10B(2)Section 10B(3)Section 143(2)Section 271(1)(c)

…nd the meaning of the words "particulars of income". Recently, the Income- tax Tribunal had to consider the meaning of the expression "furnishing of inaccurate particulars of income" appearing in section 271(1)(c) in the case of Kanbay Software India (P) Ltd. 122 TTJ 721 (Pune). It was held that the expression 'particular' refers to facts, details, specifics or the information about someone or something. Thus, the details or information about the income would deal with factual details of income and cannot be extended to areas which are subjective such as status of the taxability of an income, admissibility of a d…

DCIT CENT. CIR. 4(1), MUMBAI vs. OBEROI CONSTRUCTIONS, MUMBAI

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

ITA 5998/MUM/2016[2011-12]Status: DisposedITAT Mumbai31 Jul 2018AY 2011-12

Bench: Shri G. S. Pannu, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.5998/Mum/2016 (निर्धारण वर्ा / Assessment Year: 2011-12) Dcit Central Circle-4(1), बिधम/ M/S. Oberoi Constructions, Mumbai R. No. 1916, 19Th Commerz, 3Rd Floor, Vs. Floor, Air India Building, International Business Park, Nariman Point, Mumbai- Oberoi Garden City, Off. 400021. W.E. Highway, Goregaon (E), Mumbai-400063. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaco1805E (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri Ram Tiwari (Ar) Assessee By: Shri Saumil Daru सुनवाई की तारीख / Date Of Hearing: 08.05.2018 घोषणा की तारीख /Date Of Pronouncement: 31.07.2018 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 22.07.2016 Passed By The Commissioner Of Income Tax (Appeals) -52, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2011- 12. 2. The Revenue Has Raised The Following Grounds: - "1. "Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Clt1A} Has Erred In Deleting Penalty U/S 27L(L)(C) On Account Of Penalty Payment Made To Bmc For Unauthorized Construction & Fine Paid To Custom Authorities For Importing Marbles Without A.Y.2011-12

For Appellant: Shri Saumil DaruFor Respondent: Shri Ram Tiwari (AR)

Section 27lSection 37(1)

…e AO upon the amount of Rs.32,66,990/- paid as penalty to the BMC Mumbai. Undoubtedly, the CIT(A) has deleted the penalty on the basis of the law settled in Price Waterhouse Coopers Pvt. Ltd. Vs. CIT- (2012) 348 ITR 0306 (SC), Kanbay Software India Pvt. Ltd. (122 TTJ 721) & CIT Vs. Reliance Petroproducts Pvt. Ltd.(supra), CIT Vs.Caplin Point Laboratories Ltd. (293 ITR 254), CIT Vs. Harshvardhan Chemicals & Mineral Ltd. (259 2 A.Y.2011-12 ITR 212 (2003), CIT Vs. S.M. Construction (ITA. No. 412 of 2013 etc. Anyhow, at the stage, there is no need to interfere in the finding of the CIT(A) because the addition on wh…

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

…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 not necessary that in every case where particulars are inaccurate, penalty must follow. Penalty is imposed only when there is some element of deliberate default and not when there is merely a mistake or bona fide claim. 4. The Hon’ble Supreme Court in the ca…