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

158 (SC). Regarding penalty of business expenditure of Rs. 5,82,162/-, the ld. counsel submitted that Assessing Officer has not found any fault with the genuineness of such expenses and therefore under such circumstances no penalty can be levied u/s. 271(1)(c) of the Act. Regarding penalty on account of addition of Rs. 5 lakhs u/s

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

158 (SC). Regarding penalty of business expenditure of Rs. 5,82,162/-, the ld. counsel submitted that Assessing Officer has not found any fault with the genuineness of such expenses and therefore under such circumstances no penalty can be levied u/s. 271(1)(c) of the Act. Regarding penalty on account of addition of Rs. 5 lakhs u/s

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

158 (SC). Regarding penalty of business expenditure of Rs. 5,82,162/-, the ld. counsel submitted that Assessing Officer has not found any fault with the genuineness of such expenses and therefore under such circumstances no penalty can be levied u/s. 271(1)(c) of the Act. Regarding penalty on account of addition of Rs. 5 lakhs u/s

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

158 (SC). Regarding penalty of business expenditure of Rs. 5,82,162/-, the ld. counsel submitted that Assessing Officer has not found any fault with the genuineness of such expenses and therefore under such circumstances no penalty can be levied u/s. 271(1)(c) of the Act. Regarding penalty on account of addition of Rs. 5 lakhs u/s

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

158 (SC). Regarding penalty of business expenditure of Rs. 5,82,162/-, the ld. counsel submitted that Assessing Officer has not found any fault with the genuineness of such expenses and therefore under such circumstances no penalty can be levied u/s. 271(1)(c) of the Act. Regarding penalty on account of addition of Rs. 5 lakhs u/s

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. 271(1)(c) cannot be imposed. This view gets support from the ratio laid down in the case of Reliance Petroproducts Pvt. Ltd. (supra). Hence the penalty imposed by the Assessing Officer on this account is directed to be deleted and appellant succeeds in respect of Ground No. 10." 8.1. In view of above facts, the penalty levied

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. 271(1)(c) cannot be imposed. This view gets support from the ratio laid down in the case of Reliance Petroproducts Pvt. Ltd. (supra). Hence the penalty imposed by the Assessing Officer on this account is directed to be deleted and appellant succeeds in respect of Ground No. 10." 8.1. In view of above facts, the penalty levied

TRANSWIND COMMUNICATION ELECTRONICS PVT. LTD.,,AHMEDABAD vs. THE DY.CIT, (OSD), CIRCLE-8,, AHMEDABAD

In the result, assessee’s appeal is dismissed

Bench: Shri Amarjit Singh & Ms. Madhumita Roy

section 271(1)(c) but finally it was held that the assessee has furnished inaccurate particulars of income and therefore liability of penalty arises with the following manner: “4.6 In view of above facts and legal position discussed in the preceding paras, the assessee is held to have furnished inaccurate particulars of income and therefore the liability of penalty arises

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, BARODA vs. M/S. SUN PHARMACEUTICALS INDUSTRIES LIMITED,, VADODARA

In the result, the appeal of the Revenue is hereby partially allowed for statistical purposes

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

u/s. 271(1)(c) cannot be imposed. This view gets support from the ratio laid down in the case of Reliance Petroproducts Pvt. Ltd. (supra). Hence the penalty imposed by the Assessing Officer on this account is directed to be deleted and appellant succeeds in respect of Ground No.10.” 27. Being aggrieved by the order of the learned

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

In the result, the appeal of the Revenue is hereby partially allowed for statistical purposes

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

u/s. 271(1)(c) cannot be imposed. This view gets support from the ratio laid down in the case of Reliance Petroproducts Pvt. Ltd. (supra). Hence the penalty imposed by the Assessing Officer on this account is directed to be deleted and appellant succeeds in respect of Ground No.10.” 27. Being aggrieved by the order of the learned

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), VADODARA vs. M/S. SUN PHARMACEUTICALS INDUSTRIES LTD, VADODARA

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

u/s 14A?\n\n2 The learned CIT(Appeals)) has erred in law and on facts in deleting the penalty of Rs.8,64,686/- on account of repairing expenses.\n\n3. The learned CIT(Appeals)) has erred in law and on facts in deleting the penalty on the issue of addition of Rs.94,71,966/- in total income as per provisions

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

u/s 54B and 54F before the Learned Assessing Officer. Since there is no concealment of income, according to the Learned AR, the provision of Section 271(1)(c) cannot be applied for concealment of income as alleged or at all. The Learned AO also relied upon the judgment passed by the Hon’ble Apex Court in the matter of Learned

DCIT, CIRCLE-1(1)(1),, AHMEDABAD vs. ADANI ENTERPRISES LTD., AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Shri P.M. Jagtap, Vice- & Shri Siddhartha Nautiyalassessment Year : 2009-10 Dcit, M/S. Adani Enterprises Ltd., Circle 1(1)(1), Vs Adani House, Nr. Mithakhali Ahmedabad Six Roads, Navrangpura, Ahmedabad - 380009 Pan : Aabca 2804 L अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Revenue By : Shri Mohd. Usman, Cit-Dr Assessee By : Shri Vartik Choksi, Ar & Shri Biren Shah, Ar सुनवाई क" तार"ख/Date Of Hearing : 11/05/2022 घोषणा क" तार"ख /Date Of Pronouncement: 31/05/2022

u/s. 271(1)(c) of the Act were also initiated on this issue. The Ld. CIT(A) also confirmed the addition made by the A.O. on this issue. From the above facts, it is clear that the assessee had furnished concealment of income in respect of above issues. Had the assessee's case not been selected for scrutiny, the assessee

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)

158 taxmann.com 433 (Delhi Trib.);  Apace Realty v. ITO (2022) 140 taxmann.com 257 (Mum):  DCIT v. Francois Compressors India P. Ltd. (2021) 129 taxmann.com 260 (Pune): 7.2. Thus Ld Senior Counsel Mr. Thushar Himani appearing for the assessee submitted that in view of the above, no case is made out by the Ld AO for levy of penalty u/s 271AA

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)

158 taxmann.com 433 (Delhi Trib.);  Apace Realty v. ITO (2022) 140 taxmann.com 257 (Mum):  DCIT v. Francois Compressors India P. Ltd. (2021) 129 taxmann.com 260 (Pune): 7.2. Thus Ld Senior Counsel Mr. Thushar Himani appearing for the assessee submitted that in view of the above, no case is made out by the Ld AO for levy of penalty u/s 271AA

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)

158 taxmann.com 433 (Delhi Trib.);  Apace Realty v. ITO (2022) 140 taxmann.com 257 (Mum):  DCIT v. Francois Compressors India P. Ltd. (2021) 129 taxmann.com 260 (Pune): 7.2. Thus Ld Senior Counsel Mr. Thushar Himani appearing for the assessee submitted that in view of the above, no case is made out by the Ld AO for levy of penalty u/s 271AA

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)

158 taxmann.com 433 (Delhi Trib.);  Apace Realty v. ITO (2022) 140 taxmann.com 257 (Mum):  DCIT v. Francois Compressors India P. Ltd. (2021) 129 taxmann.com 260 (Pune): 7.2. Thus Ld Senior Counsel Mr. Thushar Himani appearing for the assessee submitted that in view of the above, no case is made out by the Ld AO for levy of penalty u/s 271AA

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)

158 taxmann.com 433 (Delhi Trib.);  Apace Realty v. ITO (2022) 140 taxmann.com 257 (Mum):  DCIT v. Francois Compressors India P. Ltd. (2021) 129 taxmann.com 260 (Pune): 7.2. Thus Ld Senior Counsel Mr. Thushar Himani appearing for the assessee submitted that in view of the above, no case is made out by the Ld AO for levy of penalty u/s 271AA

AKAR LAMINATORS LIMITED,AHMEDABAD vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(1), AHMEDABAD, AHMEDABAD

In the result the appeal filed by the assessee is allowed

Bench: This Tribunal & The Case Was Set-Aside Vide Order Dated 01.08.2014 In Ita No. 858 & 927/Ahd/2005 & Accordingly Assessment Was Finalized U/S. 143(3) R.W.S. 254 Of The Act & The Total Loss Was Determined At (-) Rs.22,47,26,293/- After Making Following Additions/Disallowances:

section 271(1)(c) of the IT Act, and hence, it is a fit case for levy of penalty u/s 271(1)(c) of the IT. Act.” 6. Thus the AO failed to demonstrate how the assessee has made “inaccurate particulars of income” which has leading to levy of penalty u/s.271[1][c] of the Act. The Ld. AO repeatedly