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 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

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.

u/s 148 of the Act and finally levied penalty of Rs. 12,42,609/- being 100% of the amount tax sought to be evaded. 34.1 On appeal, the learned CIT(A) also confirmed the penalty levied by the AO under the provisions of section 271

DHARMENBHAI MAHENDRABHAI SUTARIA,HUF,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.

u/s 148 of the Act and finally levied penalty of Rs. 12,42,609/- being 100% of the amount tax sought to be evaded. 34.1 On appeal, the learned CIT(A) also confirmed the penalty levied by the AO under the provisions of section 271

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.

u/s 148 of the Act and finally levied penalty of Rs. 12,42,609/- being 100% of the amount tax sought to be evaded. 34.1 On appeal, the learned CIT(A) also confirmed the penalty levied by the AO under the provisions of section 271

SHELL GLOBAL SOLUTIONS INTERNATIONAL B.V,,AHMEDABAD vs. THE DCIT, INTL. TAXN.-1,, AHMEDABAD

The appeal of the assessee is allowed and CO filed by the Department is being dismissed for assessment year 2010-11

penalty under Section 271(l)(c) of the Act on addition of Rs. 49,28,754 made on account of treating reimbursement of expenses as Fees for Technical Services under Article 12 of the India-Netherlands Tax Treaty. The Appellant reserves the right to add, amend, alter or vary all or any of the above grounds of appeal as they

SHELL GLOBAL SOLUTIONS INTERNATIONAL B.V,,AHMEDABAD vs. THE DCIT, INTL. TAXN.-1,, AHMEDABAD

The appeal of the assessee is allowed and CO filed by the Department is being dismissed for assessment year 2010-11

penalty under Section 271(l)(c) of the Act on addition of Rs. 49,28,754 made on account of treating reimbursement of expenses as Fees for Technical Services under Article 12 of the India-Netherlands Tax Treaty. The Appellant reserves the right to add, amend, alter or vary all or any of the above grounds of appeal as they

SHELL GLOBAL SOLUTIONS INTERNATIONAL B.V,,AHMEDABAD vs. THE DCIT, INTL. TAXN.-1,, AHMEDABAD

The appeal of the assessee is allowed and CO filed by the Department is being dismissed for assessment year 2010-11

penalty under Section 271(l)(c) of the Act on addition of Rs. 49,28,754 made on account of treating reimbursement of expenses as Fees for Technical Services under Article 12 of the India-Netherlands Tax Treaty. The Appellant reserves the right to add, amend, alter or vary all or any of the above grounds of appeal as they

SHELL GLOBAL SOLUTIONS INTERNATIONAL B.V,,AHMEDABAD vs. THE DCIT, INTL. TAXN.-1,, AHMEDABAD

The appeal of the assessee is allowed and CO filed by the Department is being dismissed for assessment year 2010-11

penalty under Section 271(l)(c) of the Act on addition of Rs. 49,28,754 made on account of treating reimbursement of expenses as Fees for Technical Services under Article 12 of the India-Netherlands Tax Treaty. The Appellant reserves the right to add, amend, alter or vary all or any of the above grounds of appeal as they

SUN PHARMACEUTICALS INDUSTRIES LIMITED,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1)(1), BARODA

In the result, the appeal filed by the Assessee in ITA No

Bench: Dr. Brr Kumar & Shri T.R.Senthil Kumar

u/s. 115JB of the Act The CIT(A) has not granted any relief to the assessee. Thereafter, the assessing officer has levied penalty 100% of the tax sought to be evaded under this head, Ld. CIT(A) deleted this penalty by observing that the relevant provision was not on the statute on the date of filing of return of income

SUN PHARMACEUTICALS INDUSTRIES LIMITED,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1)(1), BARODA

In the result, the appeal filed by the Assessee in ITA No

Bench: Dr. Brr Kumar & Shri T.R.Senthil Kumar

u/s. 115JB of the Act The CIT(A) has not granted any relief to the assessee. Thereafter, the assessing officer has levied penalty 100% of the tax sought to be evaded under this head, Ld. CIT(A) deleted this penalty by observing that the relevant provision was not on the statute on the date of filing of return of income

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

12. As regards ITA No.801/Ahd/2015 for Assessment Year 2011-12, penalty under Section 271(1)(c) cannot be levied in this assessment year as this is the search year in view of the provisions of Section 271AAA of the Act as the search took place on 21.09.2010, the reliance of the Ld. AR on the decision of the Tribunal

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

12. As regards ITA No.801/Ahd/2015 for Assessment Year 2011-12, penalty under Section 271(1)(c) cannot be levied in this assessment year as this is the search year in view of the provisions of Section 271AAA of the Act as the search took place on 21.09.2010, the reliance of the Ld. AR on the decision of the Tribunal

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

12. As regards ITA No.801/Ahd/2015 for Assessment Year 2011-12, penalty under Section 271(1)(c) cannot be levied in this assessment year as this is the search year in view of the provisions of Section 271AAA of the Act as the search took place on 21.09.2010, the reliance of the Ld. AR on the decision of the Tribunal

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

12. As regards ITA No.801/Ahd/2015 for Assessment Year 2011-12, penalty under Section 271(1)(c) cannot be levied in this assessment year as this is the search year in view of the provisions of Section 271AAA of the Act as the search took place on 21.09.2010, the reliance of the Ld. AR on the decision of the Tribunal

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

12. As regards ITA No.801/Ahd/2015 for Assessment Year 2011-12, penalty under Section 271(1)(c) cannot be levied in this assessment year as this is the search year in view of the provisions of Section 271AAA of the Act as the search took place on 21.09.2010, the reliance of the Ld. AR on the decision of the Tribunal