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

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

Section 271(1)(c) of the Act is concerned, we are of the view that it is a fit case were penalty is liable to be deleted. 42. In the result, the appeal of the assessee is allowed in ITA No. 211/Ahd/2020 for A.Y. 2005-06. Now we shall take up ITA No. 212/Ahd/2020 (Ashokji Chanduji Thakore

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

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

Section 271(1)(c) of the Act is concerned, we are of the view that it is a fit case were penalty is liable to be deleted. 42. In the result, the appeal of the assessee is allowed in ITA No. 211/Ahd/2020 for A.Y. 2005-06. Now we shall take up ITA No. 212/Ahd/2020 (Ashokji Chanduji Thakore

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

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

Section 271(1)(c) of the Act is concerned, we are of the view that it is a fit case were penalty is liable to be deleted. 42. In the result, the appeal of the assessee is allowed in ITA No. 211/Ahd/2020 for A.Y. 2005-06. Now we shall take up ITA No. 212/Ahd/2020 (Ashokji Chanduji Thakore

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

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

Section 271(1)(c) of the Act is concerned, we are of the view that it is a fit case were penalty is liable to be deleted. 42. In the result, the appeal of the assessee is allowed in ITA No. 211/Ahd/2020 for A.Y. 2005-06. Now we shall take up ITA No. 212/Ahd/2020 (Ashokji Chanduji Thakore

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

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

Section 271(1)(c) of the Act is concerned, we are of the view that it is a fit case were penalty is liable to be deleted. 42. In the result, the appeal of the assessee is allowed in ITA No. 211/Ahd/2020 for A.Y. 2005-06. Now we shall take up ITA No. 212/Ahd/2020 (Ashokji Chanduji Thakore

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

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

Section 271(1)(c) of the Act is concerned, we are of the view that it is a fit case were penalty is liable to be deleted. 42. In the result, the appeal of the assessee is allowed in ITA No. 211/Ahd/2020 for A.Y. 2005-06. Now we shall take up ITA No. 212/Ahd/2020 (Ashokji Chanduji Thakore

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

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

Section 271(1)(c) of the Act is concerned, we are of the view that it is a fit case were penalty is liable to be deleted. 42. In the result, the appeal of the assessee is allowed in ITA No. 211/Ahd/2020 for A.Y. 2005-06. Now we shall take up ITA No. 212/Ahd/2020 (Ashokji Chanduji Thakore

MAHAVEER SINGH,AHMEDABAD vs. THE PCIT, AHMEDABAD-1, AHMEDABAD

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

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

u/s 271(1)(c) of the Act has rendered, the assessment order erroneous in so far as prejudicial to the interest of the Revenue. The relevant finding of the Hon'ble Allahabad High Court is reproduced as under: "5. We have heard Shri A.N. Mahajan, the learned Standing Counsel for the Revenue and Shri Rishi Raj Kapoor, leamed counsel

VIKAS VIJAY GUPTA,AHMEDABAD vs. THE PR. CIT, AHMEDABAD-1, AHMEDABAD

In the result, the appeal filed by the Assessee is hereby\ndismissed

Bench: DR. BRR Kumar, Vice President\nAnd Shri T. R. Senthil Kumar, Judicial Member\nITA No. 404/Ahd/2024\nAssessment Year 2017-18\nVikas Vijay Gupta\nPrincipal Commissioner\n604 Sarap,\nof Income Tax,\nOpp. Navjivan Press Vs Ahmedabad-1,\nP.O. Navjivan,\nAhmedabad\nAhmedabad-380014,\nGujarat\n(Respondent)\nPAN: AEOPG6723L\n(Appellant)\nAssessee Represented: Shri Jaimin Shah, A.R.\nRevenue Represented: Shri R. N. Dsouza, CIT-DR\nDate of hearing : 27-02-2025\nDate of pronouncement : 27-05-2025\nआदे

u/s 271(1)(c) of the Act has rendered, the assessment order\nerroneous in so far as prejudicial to the interest of the Revenue. The relevant\nfinding of the Hon'ble Allahabad High Court is reproduced as under:\n"5. We have heard Shri A.N. Mahajan, the learned Standing Counsel\nfor the Revenue and Shri Rishi Raj Kapoor, leamed counsel

THE ACIT(E),CIRCLE-2 , AHMEDABAD vs. VADODARA URBAN DEVELOPMENT AUTHORITY, VADODARA

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

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

u/s. 271(1)(c) cannot be initiated on all such grounds. For initiation of penalty u/s.271(1)(c), the conditions mentioned under the said section must be fulfilled. So long as the said conditions are not fulfilled penalty cannot be levied, which has been settled in the following cases: a. ACIT v/s Advance Film Club

ACIT(E), CIRCLE-2, AHMEDABAD, AHMEDABAD vs. VADODARA URBAN DEVELOPMENT AUTHORITY , VADODARA

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

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

u/s. 271(1)(c) cannot be initiated on all such grounds. For initiation of penalty u/s.271(1)(c), the conditions mentioned under the said section must be fulfilled. So long as the said conditions are not fulfilled penalty cannot be levied, which has been settled in the following cases: a. ACIT v/s Advance Film Club

ACIT(E), CIRCLE-2, AHMEDABAD, AHMEDABAD vs. VADODARA URBAN DEVELOPMENT AUTHORITY , VADODARA

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

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

u/s. 271(1)(c) cannot be initiated on all such grounds. For initiation of penalty u/s.271(1)(c), the conditions mentioned under the said section must be fulfilled. So long as the said conditions are not fulfilled penalty cannot be levied, which has been settled in the following cases: a. ACIT v/s Advance Film Club

ACIT(E), CIRCLE-2, AHMEDABAD, AHMEDABAD vs. VADODARA URBAN DEVELOPMENT AUTHORITY, VADODARA

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

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

u/s. 271(1)(c) cannot be initiated on all such grounds. For initiation of penalty u/s.271(1)(c), the conditions mentioned under the said section must be fulfilled. So long as the said conditions are not fulfilled penalty cannot be levied, which has been settled in the following cases: a. ACIT v/s Advance Film Club

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

125/- only. But the AO and the learned CIT-A has doubted on the closing balance outstanding against such party. In our considered opinion, the basis adopted by the authorities below is not sustainable. It is for the reason that only part of the purchases has been doubted representing the closing balance. As such, the revenue cannot pick and choose

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

125/- only. But the AO and the learned CIT-A has doubted on the closing balance outstanding against such party. In our considered opinion, the basis adopted by the authorities below is not sustainable. It is for the reason that only part of the purchases has been doubted representing the closing balance. As such, the revenue cannot pick and choose

AMISH PRAVINCHANDRA VYAS,AHMEDABAD vs. THE DY.CIT, CENTRAL CIRCLE-2(1), AHMEDABAD

In the result, the question is answered in the negative, i

Bench: Ld. CIT(A) who has confirmed the levy of penalty u/s.271(1)(c) of the Act and dismissed the assessee appeal.

125 and Baroda Tin Works (1996) 221 ITR 691 (Guj) wherein it was held that deeming provision contained in Section 68, 69, etc. has limited applicability only for the purpose of computation of total income and the deeming provisions cannot be and should not be further enlarged and extended for the purpose of levy of penalty u/s. 271

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

YOGESH JASHUBHAI PATEL,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3(4) NOW WARD- 1(2)(1), AHMEDABAD

In the result, both the appeals filed by the assessee are allowed

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal1. आयकर अपील सं /Ita No.158/Ahd/2023, Asst.Year 2011-12 2. आयकर अपील सं /Ita No.159/Ahd/2023, Asst.Year 2011-12 Yogesh Jashubhai Patel, The Income Tax Officer Harivallabh Society बनाम/ Ward-3(4) V/S. Naroda Now Ward-1(2)(1) Opp. Devi Cinema Ahmedabad – 380 051 Ahmedabad – 382 345 "थायी लेखा सं./Pan: Audpp 9058 L (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri M.K. Patel, Advocate Revenue By : Shri C. Dharani Nath, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 16/09/2025 घोषणा की तारीख /Date Of Pronouncement: 06/11/2025 आदेश/O R D E R Per Siddhartha Nautiyal, Jm: The Present Appeals Have Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 06/01/2023 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2011-2012. 2. The Assessee Has Raised The Following Grounds Of Appeal In Ita No.158/Ahd/2023:

u/s 271(1)(c) of the Act. 7. Before us, the Counsel for the assessee submitted that the learned CIT(A), NFAC, erred in law and on facts in refusing to condone the delay in filing the appeal and thereby dismissing it in limine without considering the ITA Nos.158 & 159/Ahd/2023 Yogesh Jashubhai Patel vs. ITO Asst. Year