M/S. ASIAN AGENCY,,AHMEDABAD vs. THE ACIT, CIRCLE-12,, AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Smt. Madhumita Roy

u/s 69C of the Act by appellate authority. Ld. CIT (A) ought not to have levied any penalty in absence of appellant furnishing inaccurate particulars of income. It be so held now. 2 Ld. CIT (A) erred in law and on facts levying penalty without appreciating the fact that addition of GP rejecting explanation of the appellant of actual

M/S. ASIAN AGENCY,,AHMEDABAD vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCEL-7(2),, AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Smt. Madhumita Roy

u/s 69C of the Act by appellate authority. Ld. CIT (A) ought not to have levied any penalty in absence of appellant furnishing inaccurate particulars of income. It be so held now. 2 Ld. CIT (A) erred in law and on facts levying penalty without appreciating the fact that addition of GP rejecting explanation of the appellant of actual

THE ITO, WARD-7(2)(1),, AHMEDABAD vs. M/S. ASIAN AGENCY,, AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Smt. Madhumita Roy

u/s 69C of the Act by appellate authority. Ld. CIT (A) ought not to have levied any penalty in absence of appellant furnishing inaccurate particulars of income. It be so held now. 2 Ld. CIT (A) erred in law and on facts levying penalty without appreciating the fact that addition of GP rejecting explanation of the appellant of actual

M/S. ASIAN AGENCY,,AHMEDABAD vs. COMMISSIONER OF INCOME TAX,VII,, AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Smt. Madhumita Roy

u/s 69C of the Act by appellate authority. Ld. CIT (A) ought not to have levied any penalty in absence of appellant furnishing inaccurate particulars of income. It be so held now. 2 Ld. CIT (A) erred in law and on facts levying penalty without appreciating the fact that addition of GP rejecting explanation of the appellant of actual

M/S. ASIAN AGENCY,,AHMEDABAD vs. THE ACIT, CIRCEL-7(2),, AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Smt. Madhumita Roy

u/s 69C of the Act by appellate authority. Ld. CIT (A) ought not to have levied any penalty in absence of appellant furnishing inaccurate particulars of income. It be so held now. 2 Ld. CIT (A) erred in law and on facts levying penalty without appreciating the fact that addition of GP rejecting explanation of the appellant of actual

M/S. RAJESH MALLEABLES LTD.,,AHMEDABAD vs. ITO, WARD-3(1)(3), AHMEDABAD

In the result the levy of the penalty for an amount of Rs

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 347/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2012-13 M/S. Rajesh Malleables Ltd., Income-Tax Officer, C/O. Anuj Mehta, Vs. Ward-3(1)(3), Nandanvan Opp. Shapath Iv, Ahmedabad. Nr.Karnavati Club, S.G. Highway, Ahmedabad.

section 292B of the Act. 3) In law and on facts as well as in the circumstances of the assessee's case, the Ld.CIT (A) has further erred in deriving support from Sec.292B of the Act in rejecting ground no. I & 2 of the appeal that too without dealing with the two relied judgments of the jurisdictional high court

SUMMIT (INDIA) WATER TREATMENT & SERVICES LTD.,,AHMEDABAD vs. THE PR. CIT-4, AHMEDABAD, AHMEDABAD

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

penalty u/s. 271BA of the act cannot be levied. The ld. counsel has also referred CBDT Circular No. 3/2016 dated 10th March, 2016 in respect of type of cases to be referred to the TPO. The ld. counsel has contended that since form 3CEB manually filed was on record, therefore, it cannot be construed that assessing officer has not applied

SHRI SUBHASH BECHULAL SONI,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-6(4),, AHMEDABAD

In the result, the appeal filed by the assessee is allowed

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No. 220/Ahd/2018 िनधा"रण वष"/Asstt. Year: 2009-10 Subhash Bechulal Soni, I.T.O., B/H Shahwadi Bus Stand, Vs. Ward-6(4), Shahwadi, Ahmedabad. Narol, Ahmedabad-382405. Pan: Adzps9498J

u/s. 271(1)(c) of the Act. 3. The only effective issue raised by the assessee is that the learned CIT-A erred in confirming the penalty levied by the AO for Rs. 11,50,000.00 on account of concealment of income under the provisions of section 271(1)(c) of the Act. 4. In the present case, the assessment

FALGUNI S. MEHTA,AHMEDABAD vs. THE ITO, WARD-1(2)(1), VADODARA

In the result, the appeal of the assessee is allowed

u/s 271(1)(c) of the Act. As\nsuch, this contention of the appellant does not save her from the rigors of penalty\nu/s 271(1)(c) of the Act.\n(ii) As to the payment made by the appellant to buy peace of mind, reliance is\nplaced on decision of Hon. Supreme Court of India in the case

SHELL INTERNATIONAL B.V.,MUMBAI vs. THE ACIT, INT.TAXA.-2, AHMEDABAD

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

penalty proceedings under Section 274 r.w.s. 271(1)(c) of the Act against the Appellant. The Appellant reserves the right to add, amend, alter or vary all or any of the above grounds of appeal as they or their representative may think fit.” Ground number 1: taxability of HR Shall People Support as royalty: 5. During the impugned year under

SHELL INTERNATIONAL B.V., ,AHMEDABAD vs. THE ACIT, INTL. TAXN.-1, AHMEDABAD

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

penalty proceedings under Section 274 r.w.s. 271(1)(c) of the Act against the Appellant. The Appellant reserves the right to add, amend, alter or vary all or any of the above grounds of appeal as they or their representative may think fit.” Ground number 1: taxability of HR Shall People Support as royalty: 5. During the impugned year under

SHELL INTERNATIONAL B.V., ,MUMBAI vs. THE ACIT, INTL. TAXN.-1,, AHMEDABAD

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

penalty proceedings under Section 274 r.w.s. 271(1)(c) of the Act against the Appellant. The Appellant reserves the right to add, amend, alter or vary all or any of the above grounds of appeal as they or their representative may think fit.” Ground number 1: taxability of HR Shall People Support as royalty: 5. During the impugned year under

SHELL INTERNATIONAL B.V., ,MUMBAI vs. THE ACIT, INTL. TAXN.-2, AHMEDABAD

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

penalty proceedings under Section 274 r.w.s. 271(1)(c) of the Act against the Appellant. The Appellant reserves the right to add, amend, alter or vary all or any of the above grounds of appeal as they or their representative may think fit.” Ground number 1: taxability of HR Shall People Support as royalty: 5. During the impugned year under

M/S. SHELL INTERNATIONAL B.V., ,MUMBAI vs. THE DY. CIT, INTL. TAXN.-1,, AHMEDABAD

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

penalty proceedings under Section 274 r.w.s. 271(1)(c) of the Act against the Appellant. The Appellant reserves the right to add, amend, alter or vary all or any of the above grounds of appeal as they or their representative may think fit.” Ground number 1: taxability of HR Shall People Support as royalty: 5. During the impugned year under

M/S. SHELL INTERNATIONAL B.V.,,MUMBAI vs. THE DY. CIT, INTL. TAXN.-1,, AHMEDABAD

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

penalty proceedings under Section 274 r.w.s. 271(1)(c) of the Act against the Appellant. The Appellant reserves the right to add, amend, alter or vary all or any of the above grounds of appeal as they or their representative may think fit.” Ground number 1: taxability of HR Shall People Support as royalty: 5. During the impugned year under

M/S. SHELL INTERNATIONAL B.V.,,MUMBAI vs. THE DY. CIT, INTL. TAXN.-1,, AHMEDABAD

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

penalty proceedings under Section 274 r.w.s. 271(1)(c) of the Act against the Appellant. The Appellant reserves the right to add, amend, alter or vary all or any of the above grounds of appeal as they or their representative may think fit.” Ground number 1: taxability of HR Shall People Support as royalty: 5. During the impugned year under

SHELL INTERNATIONAL B.V., ,MUMBAI vs. THE ACIT, INTL. TAXN.-1,, AHMEDABAD

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

penalty proceedings under Section 274 r.w.s. 271(1)(c) of the Act against the Appellant. The Appellant reserves the right to add, amend, alter or vary all or any of the above grounds of appeal as they or their representative may think fit.” Ground number 1: taxability of HR Shall People Support as royalty: 5. During the impugned year under

M/S. SHELL INTERNATIONAL B.V.,MUMBAI vs. THE ACIT, INTL. TAXN.-2, AHMEDABAD

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

penalty proceedings under Section 274 r.w.s. 271(1)(c) of the Act against the Appellant. The Appellant reserves the right to add, amend, alter or vary all or any of the above grounds of appeal as they or their representative may think fit.” Ground number 1: taxability of HR Shall People Support as royalty: 5. During the impugned year under