M/S. WORLD TRADE IMPEX LTD.,,BARODA vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX, CIRCLE-5,, BARODA

In the result, the appeal of the assessee is hereby allowed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmed

bogus. Furthermore, the assessee cannot ITA nos.1580/AHD/2016 & 639/Ahd//2012 A.Y. 2003-04 14 be made subject to the addition if the party does not respond to the notice issued by the revenue. As such the revenue has been given ample power under the statute for collecting the information from the concerned party. In the present case, the AO should have

WORLD TRADE IMPEX LTD.,,BARODA vs. THE ACIT.,CIRCLE-4,, BARODA

In the result, the appeal of the assessee is hereby allowed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmed

bogus. Furthermore, the assessee cannot ITA nos.1580/AHD/2016 & 639/Ahd//2012 A.Y. 2003-04 14 be made subject to the addition if the party does not respond to the notice issued by the revenue. As such the revenue has been given ample power under the statute for collecting the information from the concerned party. In the present case, the AO should have

HAJIMOHMADSAFI ABDULREHMAN SHAIKH,VADODARA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), VADODARA

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

bogus purchases had been set aside in entirety by the Hon’ble ITAT for fresh adjudication and therefore the earlier relief granted by the CIT(A) stood merged with the order of the Tribunal. It was observed that the Assessing Officer had rightly re-examined the entire issue in accordance with the directions of the ITAT and hence the contention

HAJIMOHMADSAFI ABDULREHMAN SHAIKH,VADODARA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), VADODARA

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

bogus purchases had been set aside in entirety by the Hon’ble ITAT for fresh adjudication and therefore the earlier relief granted by the CIT(A) stood merged with the order of the Tribunal. It was observed that the Assessing Officer had rightly re-examined the entire issue in accordance with the directions of the ITAT and hence the contention

HAJIMOHMADSAFI ABDULREHMAN SHAIKH,VADODARA vs. DEPUTY COMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), VADODARA

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

bogus purchases had been set aside in entirety by the Hon’ble ITAT for fresh adjudication and therefore the earlier relief granted by the CIT(A) stood merged with the order of the Tribunal. It was observed that the Assessing Officer had rightly re-examined the entire issue in accordance with the directions of the ITAT and hence the contention

HAJIMOHMADSAFI ABDULREHMAN SHAIKH,VADODARA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), VADODARA

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

bogus purchases had been set aside in entirety by the Hon’ble ITAT for fresh adjudication and therefore the earlier relief granted by the CIT(A) stood merged with the order of the Tribunal. It was observed that the Assessing Officer had rightly re-examined the entire issue in accordance with the directions of the ITAT and hence the contention

MARUTI INFRASTRUCTURE LTD.,AHMEDABAD vs. DCIT, CIRCLE-2(1)(1), , AHMEDABAD

In the result, ground of appeal raised by the assessee is allowed

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

bogus expenses by rejecting the books of accounts. On appeal against the assessment order, Ld. CIT(A) restricted the disallowance and estimated to 7% of the profit instead of 40% disallowed by the A.O. 3. On further appeal, ITAT confirmed the order of Ld. CIT(A) by dismissing both Assessee and Revenue appeals. Thereafter the A.O. initiated penalty proceedings

GUJARAT VAIBHAV PUBLICATIONS PVT. LTD.,AHMEDABAD vs. THE ITO, WARD-2(1)(1), AHMEDABAD

In the result, the appeal of the assessee is partly allowed

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinha

u/s. 234A/B/C of the Act. 6. The learned CIT(A) has erred in law and on facts of the case in confirming action of the Id. AO in initiating penalty proceedings Section 271(1)(c) r.w.s. 274 of the Act. under 7. The appellant craves leave to add, amend, alter, edit, delete, modify or change

GUJARAT VAIBHAV PUBLICATIONS PVT. LTD.,AHMEDABAD vs. THE ITO, WARD-2(1)(1), AHMEDABAD

In the result, the appeal of the assessee is partly allowed

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinha

u/s. 234A/B/C of the Act. 6. The learned CIT(A) has erred in law and on facts of the case in confirming action of the Id. AO in initiating penalty proceedings Section 271(1)(c) r.w.s. 274 of the Act. under 7. The appellant craves leave to add, amend, alter, edit, delete, modify or change

DEPUTY COMMISSIONER OF INCOME -TAX, CENTRAL CIRCLE-1(1), AHMEDABAD, AHMEDABAD vs. SANJAY PRATAPRAI MEHTA, BHAVNAGAR

In the result, appeal of the Department is dismissed

Bench: Shri Siddhartha Nautiyal & Shri Makarand Vasant Mahadeokar

271(1)(c) of the Act. The Revenue has taken the following grounds of appeal:- 2. “1. In the facts and on the circumstances of the case, Ld. CIT(A) erred in directing to delete the penalty levied u/s.271(1)(c) holding that the issue has been decided in favour of appellant by the Hon’ble ITAT, consequential penalty u/s.271

SADBHAV ENGINEERING LTD.,AHMEDABAD vs. DCIT, CENTRAL CIRCLE 1(3), AHMEDABAD, DCIT, CENTRAL CIRCLE 1(3), AHMEDABAD

In the result, all the appeals of the assessee are partly allowed\nand that of the Revenue are dismissed

u/s 153A of the Act. But, we find,\nthat these decisions have been rendered while addressing completely\ndifferent issue, relating to levy of penalty for furnishing inaccurate/\nconcealing particulars of income, on additional income, revealed\nduring search conducted. Courts is such circumstances have held\nthat disclosure of such incomes in the return filed under section 153A

M/S. FLOURISH PUREFOODS PVT.LTD.,,AHMEDABAD vs. THE DCIT.,CENT.CIRCLE-2(1),, AHMEDABAD

In the result, this ground of appeal of the assessee is allowed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyali.T(Ss).A. No.518/Ahd/2019 (Assessment Year: 2015-16) Flourish Purefoods Pvt. Ltd., Vs. Deputy Commissioner Of Income 11-12, Ecs House, Garden View, Tax, Nr. Global Hospital, Bodakdev, Central Circle-2(1), Ahmedabad-380054 Ahmedabad [Pan No.Aadcv2683B] (Appellant) .. (Respondent)

penalty confirmed u/s 271(1)(c) of the Act relating to disallowance of claim of depreciation. Since common facts and issues for consideration are involved for both the years under consideration, both the appeals are being taken up together. 3. In the appeal relating to quantum additions in ITA No. 518/Ahd/2019, there are primarily two additions, which are the subject

XCELRIS LABS LIMITED,AHMEDABAD vs. THE DCIT, CENTRAL CIRCLE-2(1), AHMEDABAD

In the result, appeal filed by the assessee is dismissed

271(1)(c)\nof the Income Tax Act, 1961 (hereinafter referred to as the \"Act\")\nand relates to Assessment Year (A.Y.) 2010-11.\nITA No. 32/Ahd/2022 [Xcelris\nLabs Limited vs. DCIT] A.Y. 2010-11\n-2-\n2. The grounds raised by the assessee are as under:\n\"1.\nThe learned grossly erred in law and on facts of the case

ASHAPURA STONE INDUSTRIES,ANAND vs. THE INCOME TAX OFFICER, WARD-3 NOW WARD-1, ANAND

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member 1. Ita No.27/Ahd/2024 2. Ita No.28/Ahd/2024 Assessment Years : 2012-13 & 2013-14 (Respectively) Ashapura Stone Industries The Income Tax Officer Nh No.8, Nr. Geb Sub-Station Vs Ward-3 (Now Ward-1) Vasad – 388 306 (Gujarat) Anand Pan: Aaufa 6762 D अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri B.T. Thakkar, Ar Revenue By : Shri Ketan Gajjar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 06/06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 11/06/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: These Two Appeals By The Assessee Pertain To Different Assessment Years, But Involve Common Issues (Except Quantum In Appeal) & Hence Are Being Decided Together For The Sake Of Convenience & Brevity. The Appeals Are Directed Against The Orders Of The Ld.Commissioner Of Income Tax (Appeals) – National Faceless Appeal Centre, Delhi (Nfac) - [Hereinafter Referred To As “The Cit(A)”], For The Assessment Years (Ays) 2012-13 & 2013-14, Both Dated 16/11/2023, Arising Out Of Assessment Orders Passed For Respective Assessment Years By Assessing Officer

penalty proceedings initiated u/s 271(1)(c) may please be directed to be dropped. 5. Your appellant prays to add, amend, alter, modify or delete any grounds of appeal at the time of hearing.” ITA Nos.27 & 28/Ahd/2024 Ashapura Stone Industries vs. ITO Asst. Years : 2012-13 & 2013-14 For AY 2013-14 The Learned CIT-Appeals has erred

ASHAPURA STONE INDUSTRIES,ANAND vs. THE INCOME TAX OFFICER, WARD-3 NOW WARD-1, ANAND

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member 1. Ita No.27/Ahd/2024 2. Ita No.28/Ahd/2024 Assessment Years : 2012-13 & 2013-14 (Respectively) Ashapura Stone Industries The Income Tax Officer Nh No.8, Nr. Geb Sub-Station Vs Ward-3 (Now Ward-1) Vasad – 388 306 (Gujarat) Anand Pan: Aaufa 6762 D अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri B.T. Thakkar, Ar Revenue By : Shri Ketan Gajjar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 06/06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 11/06/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: These Two Appeals By The Assessee Pertain To Different Assessment Years, But Involve Common Issues (Except Quantum In Appeal) & Hence Are Being Decided Together For The Sake Of Convenience & Brevity. The Appeals Are Directed Against The Orders Of The Ld.Commissioner Of Income Tax (Appeals) – National Faceless Appeal Centre, Delhi (Nfac) - [Hereinafter Referred To As “The Cit(A)”], For The Assessment Years (Ays) 2012-13 & 2013-14, Both Dated 16/11/2023, Arising Out Of Assessment Orders Passed For Respective Assessment Years By Assessing Officer

penalty proceedings initiated u/s 271(1)(c) may please be directed to be dropped. 5. Your appellant prays to add, amend, alter, modify or delete any grounds of appeal at the time of hearing.” ITA Nos.27 & 28/Ahd/2024 Ashapura Stone Industries vs. ITO Asst. Years : 2012-13 & 2013-14 For AY 2013-14 The Learned CIT-Appeals has erred

NIKSHAL POPERTIES PVT. LTD,VADODARA vs. THE ITO, WARD-3(1)(1),, AHMEDABAD

Appeal of the assessee is allowed

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumaray Sl.

penalty proceedings u/s 271(1)(c) of the Act being premature needs no adjudication. The appeal of the assessee is accordingly partly allowed in above terms. ITA Nos. 2785 & 2812/Ahd/2017 23 Cross Appeals : Ardor Overseas Pvt Ltd VS. DCIT and ITA No.206Ahd/2018- Nikshal Properties Pvt Ltd. AY : 2014-15 38. We shall now take up the Revenue’s appeal

ITO, WARD-1(1)(3),, AHMEDABAD vs. M/S. ARDOR OVERSEAS PRIVATE LIMITED,, AHMEDABAD

Appeal of the assessee is allowed

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumaray Sl.

penalty proceedings u/s 271(1)(c) of the Act being premature needs no adjudication. The appeal of the assessee is accordingly partly allowed in above terms. ITA Nos. 2785 & 2812/Ahd/2017 23 Cross Appeals : Ardor Overseas Pvt Ltd VS. DCIT and ITA No.206Ahd/2018- Nikshal Properties Pvt Ltd. AY : 2014-15 38. We shall now take up the Revenue’s appeal

ARDOR OVERSEAS PVT. LTD.,,AHMEDABAD vs. THE DY. CIT, CIRCLE-1(1)(2),, AHMEDABAD

Appeal of the assessee is allowed

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumaray Sl.

penalty proceedings u/s 271(1)(c) of the Act being premature needs no adjudication. The appeal of the assessee is accordingly partly allowed in above terms. ITA Nos. 2785 & 2812/Ahd/2017 23 Cross Appeals : Ardor Overseas Pvt Ltd VS. DCIT and ITA No.206Ahd/2018- Nikshal Properties Pvt Ltd. AY : 2014-15 38. We shall now take up the Revenue’s appeal