DHARMENBHAI MAHENDRABHAI SUTARIA,AHMEDABAD vs. ACIT, CENTRAL CIRCLE-1(2), AHMEDABAD

In the result appeal of the assessee is hereby allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalasstt. Sr.No.

property of the company and not of the Director from whose custody it was found. Therefore, in such non-descript and innocuous situation, where the quantum assessment itself is susceptible, the consequence in form of penalty would not, in our view justified. 9.4 Coming to the case of Snita Transport (P) Ltd vs. DCIT reported in 42 taxmann.com

THE ACIT CIRCLE-3(3), AHMEDABAD vs. SHRI CHANDRAKANT G PATEL, AHMEDABAD

Appeal of the Revenue is dismissed

house Coopers Pvt. Ltd. vs. CIT [2012] 348 1TR 306 (SC) that such inadvertence cannot be termed as an instance attracting the impugned penalty provision in Section 271(1)(c) of the Act. We repeat that the assessee'smultifolded errors hereinabove inter alia in not having declared only two sale transactions instead of three, not adjusting cost of indexation

SHRI BALDEVBHAI ATMARAM PATEL,,GANDHINAGAR vs. THE DY.CIT, GANDHINAGAR CIRCLE,, GANDHINAGAR

In the result, assessee’s appeal is allowed

Bench: Shri Pramod Kumar & Ms. Madhumita Roy

house property • Assessing Officer rejected assessee's claim holding that assessee, being a company, was not entitled to claim deduction under section 54 - He also passed a penalty order under section 271(1

SHRI ATULBHAI BABULAL SHAH,,AHMEDABAD vs. THE ACIT, CIRCLE-11,, AHMEDABAD

In the result, appeal of the assessee is partly allowed

Bench: Shri Waseem Ahmed, Accountantmember & Ms. Madhumita Roy

house property as lease agreement was never intended for the use of bungalow. Accordingly, the only option available to tax the impugned rental income from the land is under the head income from other sources. Accordingly, we hold that the assessee is not entitled for the deduction under section 24(a) and 24(b) of the Act with respect

SHRI ATUL BABUBHAI SHAH,AHMEDABAD vs. THE JT.CIT.,RANGE-10,, AHMEDABAD

In the result, appeal of the assessee is partly allowed

Bench: Shri Waseem Ahmed, Accountantmember & Ms. Madhumita Roy

house property as lease agreement was never intended for the use of bungalow. Accordingly, the only option available to tax the impugned rental income from the land is under the head income from other sources. Accordingly, we hold that the assessee is not entitled for the deduction under section 24(a) and 24(b) of the Act with respect

SHRI ATULBHAI BABUBHAI SHAH,AHMEDABAD vs. THE ACIT.,RANGE-10,, AHMEDABAD

In the result, appeal of the assessee is partly allowed

Bench: Shri Waseem Ahmed, Accountantmember & Ms. Madhumita Roy

house property as lease agreement was never intended for the use of bungalow. Accordingly, the only option available to tax the impugned rental income from the land is under the head income from other sources. Accordingly, we hold that the assessee is not entitled for the deduction under section 24(a) and 24(b) of the Act with respect

THE ACIT, CIRCLE-2(1)(1), AHMEDABAD vs. M/S. INTAS PHARMACEUTICALS LTD., AHMEDABAD

Accordingly, this ground raised by the Revenue is dismissed

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2015-16 Acit, Cir.2(1)(1) M/S.Intas Pharmaceuticals Ltd Vejalpur Vs Corporate House Ahmedabad. S.G. Highway Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L Asstt.Year : 2015-16 M/S.Intas Pharmaceuticals Ltd Acit, Cir.2(1)(1) Corporate House Vs Vejalpur S.G. Highway Ahmedabad. Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, Sr.Advocae & Shri Parin Shah, Ar : Shri Ragnesh Das, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 28/04/2025 घोषणा क" तारीख /Date Of Pronouncement: 21/05/2025 आदेश आदेश/O R D E R आदेश आदेश

271(1)(c) of the Act. Having considered the record, we find that both the assessment order and the appellate order are reasoned and speak to the issues raised by the assessee. No specific instance has been pointed out to demonstrate any material submission having been overlooked. As regards Ground No. 4, it is well settled that initiation of penalty

INTAS PHARMACEUTICALS LTD.,AHMEDABAD vs. THE DCIT, CIRCLE-2(1)(1), AHMEDABAD

Accordingly, this ground raised by the Revenue is dismissed

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2015-16 Acit, Cir.2(1)(1) M/S.Intas Pharmaceuticals Ltd Vejalpur Vs Corporate House Ahmedabad. S.G. Highway Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L Asstt.Year : 2015-16 M/S.Intas Pharmaceuticals Ltd Acit, Cir.2(1)(1) Corporate House Vs Vejalpur S.G. Highway Ahmedabad. Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, Sr.Advocae & Shri Parin Shah, Ar : Shri Ragnesh Das, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 28/04/2025 घोषणा क" तारीख /Date Of Pronouncement: 21/05/2025 आदेश आदेश/O R D E R आदेश आदेश

271(1)(c) of the Act. Having considered the record, we find that both the assessment order and the appellate order are reasoned and speak to the issues raised by the assessee. No specific instance has been pointed out to demonstrate any material submission having been overlooked. As regards Ground No. 4, it is well settled that initiation of penalty

SHRI MOHIT RAMESHCHANDRA KHANNA,,AHMEDABAD vs. THE ITO, WARD-3(3)(3),, AHMEDABAD

In the result the appeal filed by the assessee is dismissed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No.2132/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2008-2009 Shri Mohit Rameshchandra Khanna, I.T.O, 174-175, Sunrise Park, Vs. Ward-3(3)(3), Opp. Drive In Cinema, Ahmedabad. Drive-In-Road, Ahmedabad.

271(1)(c) of the Act. Asstt. Year 2008-09 3 4.2 The assessee in reply to the SCN submitted that he had disclosed all the facts includingof sale deed, purchase deed, bank statement and computation of capital gain during the assessment proceedings. As such he suffered huge losses in share trading business amounting to Rs. 1

SHRI JIGNESH JAYANTILAL SHAH,,BHAVNAGAR vs. THE DY. CIT, CIRCLE-1,, BHAVNAGAR

In the result, appeal of the Assessee is allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed

section 271(1)(c) by misinterpreting true sense of judgement delivered by the Hon’ble Apex Court in the case of Reliance Petroproducts. The assessee craves leave to add, amend, delete or alter one or more grounds of appeal. 2. The aforesaid appeal has been filled by the assessee against the confirmation of penalty u/s 271(1

SHRI PAVAN M.SHARMA L/H OF LATE MAHESH L.SHARMA,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-9(2),, AHMEDABAD

In the result, the appeal of the assessee is allowed

section (1) to S.271D and 27 IE of the Act which, categorically provides that the penalty under these provisions can be imposed by the Joint Commissioner. 8. The ld. IT(A) accordingly has erroneously assumed jurisdiction to record satisfaction to levy penalty u/s 27ID and 27IE of the Act, which is beyond his power and accordingly bad and illegal

SHRI PAVAN M.SHARMA L/H OF LATE MAHESH L.SHARMA,AHMEDABAD vs. THE ADIT(EXEMPTION),, AHMEDABAD

In the result, the appeal of the assessee is allowed

section (1) to S.271D and 27 IE of the Act which, categorically provides that the penalty under these provisions can be imposed by the Joint Commissioner. 8. The ld. IT(A) accordingly has erroneously assumed jurisdiction to record satisfaction to levy penalty u/s 27ID and 27IE of the Act, which is beyond his power and accordingly bad and illegal

SHRI PAVAN M.SHARMA L/H OF LATE MAHESH L.SHARMA,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-9(2),, AHMEDABAD

In the result, the appeal of the assessee is allowed

section (1) to S.271D and 27 IE of the Act which, categorically provides that the penalty under these provisions can be imposed by the Joint Commissioner. 8. The ld. IT(A) accordingly has erroneously assumed jurisdiction to record satisfaction to levy penalty u/s 27ID and 27IE of the Act, which is beyond his power and accordingly bad and illegal

SHRI PAVAN M.SHARMA L/H OF LATE MAHESH L.SHARMA,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-9(2),, AHMEDABAD

In the result, the appeal of the assessee is allowed

section (1) to S.271D and 27 IE of the Act which, categorically provides that the penalty under these provisions can be imposed by the Joint Commissioner. 8. The ld. IT(A) accordingly has erroneously assumed jurisdiction to record satisfaction to levy penalty u/s 27ID and 27IE of the Act, which is beyond his power and accordingly bad and illegal

SHRI PAVAN M.SHARMA L/H OF LATE MAHESH L.SHARMA,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-9(2),, AHMEDABAD

In the result, the appeal of the assessee is allowed

section (1) to S.271D and 27 IE of the Act which, categorically provides that the penalty under these provisions can be imposed by the Joint Commissioner. 8. The ld. IT(A) accordingly has erroneously assumed jurisdiction to record satisfaction to levy penalty u/s 27ID and 27IE of the Act, which is beyond his power and accordingly bad and illegal

SHRI PAVAN M.SHARMA L/H OF LATE MAHESH L.SHARMA,AHMEDABAD vs. THE ADIT(EXEMPTION),, AHMEDABAD

In the result, the appeal of the assessee is allowed

section (1) to S.271D and 27 IE of the Act which, categorically provides that the penalty under these provisions can be imposed by the Joint Commissioner. 8. The ld. IT(A) accordingly has erroneously assumed jurisdiction to record satisfaction to levy penalty u/s 27ID and 27IE of the Act, which is beyond his power and accordingly bad and illegal

M/S. SHELL INTERNATIONAL B.V., ,MUMBAI vs. THE DY. CIT, INTL. TAXN.-1,, AHMEDABAD

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

House, 1st Floor, G-Block, International Taxation-1, Plot No. C-60, Bandra Kurla Ahmedabad-380014 Complex, Bandra East, Mumbai-400051 [PAN No.AAHCS9360D] (Appellant) (Respondent) .. Appellant by : Shri S. N. Soparkar, Sr. Advocate, Shri Parin Shah, Shri Ankit Gandhi & Ms. Dhruvi Salot, A.Rs. Respondent by: Dr. Darsi Suman Ratnam, CIT D.R. Date of Hearing 23.02.2024 & 06.03.2024 Date of Pronouncement

M/S. SHELL INTERNATIONAL B.V.,,MUMBAI vs. THE DY. CIT, INTL. TAXN.-1,, AHMEDABAD

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

House, 1st Floor, G-Block, International Taxation-1, Plot No. C-60, Bandra Kurla Ahmedabad-380014 Complex, Bandra East, Mumbai-400051 [PAN No.AAHCS9360D] (Appellant) (Respondent) .. Appellant by : Shri S. N. Soparkar, Sr. Advocate, Shri Parin Shah, Shri Ankit Gandhi & Ms. Dhruvi Salot, A.Rs. Respondent by: Dr. Darsi Suman Ratnam, CIT D.R. Date of Hearing 23.02.2024 & 06.03.2024 Date of Pronouncement