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 271(1)(c) of the Act would be set aside. 9.5.7 In the case of CIT v. SAS Pharmaceuticals 11 taxmann.com 207 (Delhi), the Delhi High Court held that for imposing penalty under section 271(1)(c), concealment of particulars of income or furnishing of inaccurate particular of income by assessee has to be in income-tax return filed

ANISHA R DHANANI,MUMBAI vs. THE ACIT, CIRCLE-1(1)(2), VADODARA

In the result the appeal filed by the assessee is allowed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकर अपील सं./Ita No. 406/Ahd/2020 िनधा"रण वष"/Asstt. Year:2005-2006 Anisha R. Dhanani, A.C.I.T., 281, 28Th Floor, Vs. Circle-1(1)(2) Kalpatru Heights, Vadodara. Dr. A.R. Nair Road, Agripada, Mumbai-400011. Pan: Actpd3111C

u/s 271(1)(c) of the Act on account of concealment of income. 38. The assessee during the penalty proceeding submitted that she has not concealed or furnished any inaccurate particular of income. As such amount of cash and jewelry was received on demise of her father which was disclosed in the return as gift not taxable. During the quantum

RAOOF R DHANANI,MUMBAI vs. THE ACIT, CIRCLE-1(1)(2), VADODARA

In the result the appeal filed by the assessee is allowed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकर अपील सं./Ita No. 406/Ahd/2020 िनधा"रण वष"/Asstt. Year:2005-2006 Anisha R. Dhanani, A.C.I.T., 281, 28Th Floor, Vs. Circle-1(1)(2) Kalpatru Heights, Vadodara. Dr. A.R. Nair Road, Agripada, Mumbai-400011. Pan: Actpd3111C

u/s 271(1)(c) of the Act on account of concealment of income. 38. The assessee during the penalty proceeding submitted that she has not concealed or furnished any inaccurate particular of income. As such amount of cash and jewelry was received on demise of her father which was disclosed in the return as gift not taxable. During the quantum

RAOOF R DHANANI,MUMBAI vs. THE ACIT CIRCLE-1(1)(2), VADODARA

In the result the appeal filed by the assessee is allowed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकर अपील सं./Ita No. 406/Ahd/2020 िनधा"रण वष"/Asstt. Year:2005-2006 Anisha R. Dhanani, A.C.I.T., 281, 28Th Floor, Vs. Circle-1(1)(2) Kalpatru Heights, Vadodara. Dr. A.R. Nair Road, Agripada, Mumbai-400011. Pan: Actpd3111C

u/s 271(1)(c) of the Act on account of concealment of income. 38. The assessee during the penalty proceeding submitted that she has not concealed or furnished any inaccurate particular of income. As such amount of cash and jewelry was received on demise of her father which was disclosed in the return as gift not taxable. During the quantum

RAOOF R DHANANI,MUMBAI vs. THE ACIT, CIRCLE-1(1)(2), VADODARA

In the result the appeal filed by the assessee is allowed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकर अपील सं./Ita No. 406/Ahd/2020 िनधा"रण वष"/Asstt. Year:2005-2006 Anisha R. Dhanani, A.C.I.T., 281, 28Th Floor, Vs. Circle-1(1)(2) Kalpatru Heights, Vadodara. Dr. A.R. Nair Road, Agripada, Mumbai-400011. Pan: Actpd3111C

u/s 271(1)(c) of the Act on account of concealment of income. 38. The assessee during the penalty proceeding submitted that she has not concealed or furnished any inaccurate particular of income. As such amount of cash and jewelry was received on demise of her father which was disclosed in the return as gift not taxable. During the quantum

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

penalty order dated 14.08.2014 issued by the DCIT, Gandhinagar Circle, Gandhinagar passed under section 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred as to “The Act”) for the Assessment Year 2011-12 to the tune of Rs.36,00,000/- has been confirmed. 2. The brief facts leading to the case is this that the assessee initially purchased

VIJAYBHAI DASHRATHBHAI PATEL,,AHMEDABAD vs. THE ACIT, CIRCLE-7(1),, AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Us: -

penalty u/s 271(1)(c) of the Act as the case is covered by the exceptions as contained in the explanation 1(B) to Section 271(1)(c) of the Act. 7. In our view, the facts of the above case-laws are applicable to assessee’s set of facts as well. The assessee’s interest income was subject

DEPUTY COMMISSIONER OF INCOME -TAX, CENTRAL CIRCLE-1(1), AHMEDABAD, GUJARAT vs. PRIYA BLUE INDUSTRIES PVT. LTD., GUJARAT

In the result the appeals filed by the Revenue in ITA No

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

271 or section 271BA if any person in respect of an international transaction or specified domestic transaction, - (i) fails to keep and maintain any such information and document as required by sub-section (1) or sub-section (2) of section 920, (ii) fails to report such transaction which he is required to do so, or (iii) maintains or furnishes

DCIT CENTRAL CIRCLE 1(1), AHMEDABAD, GUJARAT vs. PRIYA BLUE INDUSTRIES PVT. LTD., GUJARAT

In the result the appeals filed by the Revenue in ITA No

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

271 or section 271BA if any person in respect of an international transaction or specified domestic transaction, - (i) fails to keep and maintain any such information and document as required by sub-section (1) or sub-section (2) of section 920, (ii) fails to report such transaction which he is required to do so, or (iii) maintains or furnishes

DEPUTY COMMISSIONER OF INCOME -TAX, CENTRAL CIRCLE 1(1), AHMEDABAD, AHMEDABAD vs. PRIYA BLUE INDUSTRIES PVT. LTD, GUJARAT

In the result the appeals filed by the Revenue in ITA No

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

271 or section 271BA if any person in respect of an international transaction or specified domestic transaction, - (i) fails to keep and maintain any such information and document as required by sub-section (1) or sub-section (2) of section 920, (ii) fails to report such transaction which he is required to do so, or (iii) maintains or furnishes

DEPUTY COMMISSIONER OF INCOME -TAX, CENTRAL CIRCLE-1(1), AHMEDABAD, AHMEDABAD vs. PRIYA BLUE INDUSTRIES PVT. LTD., GUJARAT

In the result the appeals filed by the Revenue in ITA No

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

271 or section 271BA if any person in respect of an international transaction or specified domestic transaction, - (i) fails to keep and maintain any such information and document as required by sub-section (1) or sub-section (2) of section 920, (ii) fails to report such transaction which he is required to do so, or (iii) maintains or furnishes

DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE 1(1), GUJARAT vs. PRIYA BLUE INDUSTRIES PVT. LTD., GUJARAT

In the result the appeals filed by the Revenue in ITA No

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

271 or section 271BA if any person in respect of an international transaction or specified domestic transaction, - (i) fails to keep and maintain any such information and document as required by sub-section (1) or sub-section (2) of section 920, (ii) fails to report such transaction which he is required to do so, or (iii) maintains or furnishes

SHRI JITENDRA P.VAGHELA,,AHMEDABAD vs. THE ITO, WARD-6(3), AHMEDABAD

u/s. 271(1)(c) of the Act and the legislature had acknowledged this position by inserting explanation 3 to Section 271(1)(c) categorically providing for specific situation of non-filing of return of income which alone would attract the levy of penalty. Ld.counsel for the I.T.A No. 1731/Ahd/2019 A.Y. 2009-10 Page No 5 Jitendra P. Vaghela

M/S. GURUPRASAD INFRASTRUCTURE PVT. LTD.,,BARODA vs. THE DCIT, CENTRAL CIRCLE-1,, BARODA

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita Nos. 1658-1659/Ahd/2017 "नधा"रण वष"/Asstt. Years: 2010-2011 & 2011-12 M/S. Guruprasad Infrastructure D.C.I.T, Pvt. Ltd., Vs. Central Circle-1, 9, Shei Ram Nagar, B/H Rto, Baroda. Warasia Colony, Vadodara-390006. Pan: Aadcg6787C

section 271(1)(c) r.w.s. 153A of the Act for imposing the penalty, the return filed u/s 139 of the Act, needs

AVANI DIPAKBHAI SHAH,VADODARA vs. THE ACIT, CIRCLE INTL. TXN., VADODARA

The appeal of the assessee is allowed

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

139(1) of the Act. In the absence of any reasonable cause or explanation for failure to do so, the Assessing Officer held that the case attracted penalty under section 271F of the Act. Accordingly, a penalty of ₹5,000 was imposed for failure to file the return of income within the prescribed time, and demand notice was issued

AVANI DIPAKBHAI SHAH,VADODARA vs. THE ACIT, CIRCLE INTL. TXN., VADODARA

The appeal of the assessee is allowed

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

139(1) of the Act. In the absence of any reasonable cause or explanation for failure to do so, the Assessing Officer held that the case attracted penalty under section 271F of the Act. Accordingly, a penalty of ₹5,000 was imposed for failure to file the return of income within the prescribed time, and demand notice was issued

AVANI DIPAKBHAI SHAH,VADODARA vs. THE ACIT, CIRCLE INTL. TXN., VADODARA

The appeal of the assessee is allowed

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

139(1) of the Act. In the absence of any reasonable cause or explanation for failure to do so, the Assessing Officer held that the case attracted penalty under section 271F of the Act. Accordingly, a penalty of ₹5,000 was imposed for failure to file the return of income within the prescribed time, and demand notice was issued

DEVENDRA NARENDRABHAI THAKKER,,AHMEDABAD vs. ACIT, CIRCLE-5(2), AHMEDABAD

In the result, the appeal of the assessee is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./I.T.A. No. 762/Ahd/2018 ("नधा"रण वष" / Assessment Year : 2011-12) Devendra Narendrabhai Acit, बनाम/ Thakker, Cir – 5(2), Vs. C/O Maffick Logistics, 228, Ahmedabad. Akshar Arcade, Opp. Memnagar Fire Station, Navrangpura, Ahmedabad-14 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abfpt 6354 E .. (अपीलाथ" /Appellant) (""यथ" / Respondent) अपीलाथ" ओर से / Appellant By : Shri Jyotish M. Shah, A.R. ""यथ" क" ओर से/Respondent By : Shri Prasoon Kabra, Sr.D.R.

271(1)(C) does not state clear default for which it is issued. Penalty Notice does not mention specifically, whether it is issued for concealment of income or for furnishing inaccurate particulars of income. It specifies ..... have concealed the particulars of your income and furnished inaccurate particulars of such income....................... Devendra Narendrabhai Thakker vs. ACIT Asst.Year –2011-12 While issuing