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

271(1), 271A, 271AA, 271G and 271J. Further, as per plain language of the statute, only Joint Commissioner can levy penalty u/s. 271BB, 271CA, 271D, 271E and 271DB. Thus, when the legislature has consciously not empowered CIT(A) I.T.A Nos. 1029, 1030, 1031,1032, 2771 & 2772 /Ahd/2013 A.Y. 2003-04 to 2004-05 Page No. 38 Shri Pavan M. Sharma

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

271(1), 271A, 271AA, 271G and 271J. Further, as per plain language of the statute, only Joint Commissioner can levy penalty u/s. 271BB, 271CA, 271D, 271E and 271DB. Thus, when the legislature has consciously not empowered CIT(A) I.T.A Nos. 1029, 1030, 1031,1032, 2771 & 2772 /Ahd/2013 A.Y. 2003-04 to 2004-05 Page No. 38 Shri Pavan M. Sharma

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

271(1), 271A, 271AA, 271G and 271J. Further, as per plain language of the statute, only Joint Commissioner can levy penalty u/s. 271BB, 271CA, 271D, 271E and 271DB. Thus, when the legislature has consciously not empowered CIT(A) I.T.A Nos. 1029, 1030, 1031,1032, 2771 & 2772 /Ahd/2013 A.Y. 2003-04 to 2004-05 Page No. 38 Shri Pavan M. Sharma

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

271(1), 271A, 271AA, 271G and 271J. Further, as per plain language of the statute, only Joint Commissioner can levy penalty u/s. 271BB, 271CA, 271D, 271E and 271DB. Thus, when the legislature has consciously not empowered CIT(A) I.T.A Nos. 1029, 1030, 1031,1032, 2771 & 2772 /Ahd/2013 A.Y. 2003-04 to 2004-05 Page No. 38 Shri Pavan M. Sharma

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

271(1), 271A, 271AA, 271G and 271J. Further, as per plain language of the statute, only Joint Commissioner can levy penalty u/s. 271BB, 271CA, 271D, 271E and 271DB. Thus, when the legislature has consciously not empowered CIT(A) I.T.A Nos. 1029, 1030, 1031,1032, 2771 & 2772 /Ahd/2013 A.Y. 2003-04 to 2004-05 Page No. 38 Shri Pavan M. Sharma

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

251 ITR 99 (SC).: When the Income-tax Officer or the Appellate Assistant Commissioner issues to an assessee a notice under section 271, he makes the assessee aware that the provisions thereof are to be used against him. These provisions include the Explanation. ....... The assessee is, therefore, by virtue of the notice under section 271 put to notice that

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

penalty proceedings u/s 271 (1) (c) is not justified.” 3. Additional ground: “Appellant craves leave to raise this additional ground of appeal before the Hon'ble ITAT. This is a legal ground and therefore as per the decision of Hon'ble Supreme Court in the case of National Thermal Power (229 ITR 383) it can be raised before

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

penalty proceedings u/s 271 (1) (c) is not justified.” 3. Additional ground: “Appellant craves leave to raise this additional ground of appeal before the Hon'ble ITAT. This is a legal ground and therefore as per the decision of Hon'ble Supreme Court in the case of National Thermal Power (229 ITR 383) it can be raised before

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

penalty proceedings u/s 271 (1) (c) is not justified.” 3. Additional ground: “Appellant craves leave to raise this additional ground of appeal before the Hon'ble ITAT. This is a legal ground and therefore as per the decision of Hon'ble Supreme Court in the case of National Thermal Power (229 ITR 383) it can be raised before

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

penalty proceedings u/s 271 (1) (c) is not justified.” 3. Additional ground: “Appellant craves leave to raise this additional ground of appeal before the Hon'ble ITAT. This is a legal ground and therefore as per the decision of Hon'ble Supreme Court in the case of National Thermal Power (229 ITR 383) it can be raised before

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

penalty proceedings u/s 271 (1) (c) is not justified.” 3. Additional ground: “Appellant craves leave to raise this additional ground of appeal before the Hon'ble ITAT. This is a legal ground and therefore as per the decision of Hon'ble Supreme Court in the case of National Thermal Power (229 ITR 383) it can be raised before

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

In the result, appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Smt. Madhumita Roy

penalty proceedings u/s 271 (1) (c) is not justified.” 3. Additional ground: “Appellant craves leave to raise this additional ground of appeal before the Hon'ble ITAT. This is a legal ground and therefore as per the decision of Hon'ble Supreme Court in the case of National Thermal Power (229 ITR 383) it can be raised before

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

penalty proceedings u/s 271 (1) (c) is not justified.” 3. Additional ground: “Appellant craves leave to raise this additional ground of appeal before the Hon'ble ITAT. This is a legal ground and therefore as per the decision of Hon'ble Supreme Court in the case of National Thermal Power (229 ITR 383) it can be raised before

SHRI NIRAL KRUPESH PATEL,BARODA vs. THE DY.CIT, CIRCLE-1(3), BARODA

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

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

u/s 131(1A) dated 22-07-2013, the principal officer of Kotak Mahindra Old Mututal Life Insurance Limited was asked to provide details of all insurance policies opened at the address of Shri Niral K Patel(PAN: ACQPP6163R). It was also asked to provide details of insurance policies held in the name of Shri Krupesh N Patel, Shri Amish

THE DCIT, CIRCLE-3(1),, BARODA vs. M/S/ AMAR MINING COMPANY,, BARODA

In the result, appeal filed by the revenue is dismissed

Bench: Shri Pramod Kumar & Ms. Madhumita Royassessment Year: 1998-99

251 ITR 99 (SC). Reliance is also placed on the recent decision of Supreme Court in the case of M/s. Dharmendra Textile Processors Ltd., 306 ITR 277 (SC), wherein it has been held that "the explanations appended to Section 271(1)(c) of the Income tax Act, 1961 indicate the element of strict liability on the assessee for concealment

AXIS BANK LIMITED,,AHMEDABAD vs. THE CIT (A)-6, AHMEDABAD

Appeal of the assessee is allowed

u/s. 271(1)(c) of the Act. 2. Ground raised by the assessee reads as under: 1. The learned CIT(A) erred in imposing penalty for filing of inaccurate particulars of income in Income Tax Return. The Bank was under a bona fide belief that depreciation under the Income-tax Act, 1961 ('the Act') was computed in accordance with

SHRI AJAY MAYOR,,AHMEDABAD vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(2),, AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

251 ITR 99 (SC) to hold that voluntary disclosure or explanation offered by the assessee does not automatically absolve the assessee from penalty where the explanation is not substantiated by credible evidence. In view of these findings, the CIT(Appeals) upheld the penalty imposed by the Assessing Officer under section 271(1)(c) of the Act and dismissed the appeal

SHRI HASMUKHBHAI BACHUBHAI RADADIA,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-3(3),, AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita No. 2742/Ahd/2016 "नधा"रण वष"/Assessment Year: 2012-13 Shri Hashmukhbhai Bachubhai Vs. Dcit, Radadia, Circle – 3(3), 492, Avadh, Opp. Amul Ice- Ahmedabad. Cream Parlour, Lad Society Road, Vastrapur, Ahmedabad. (Pan No. Aaqpr 7176 N) , , अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri U. S. Bhati & Abhimanyu Bhati, A.R. Revenue By : Shri Mudit Nagpal, Sr. D.R. सुनवाई क" तार"ख/Date Of Hearing : 02.08.2018 घोषणा क" तार"ख /Date Of Pronouncement : 23.10.2018 आदेश/O R D E R Per Waseem Ahmed: The Captioned Appeal Has Been Filed At The Instance Of The Assessee Against The Appellate Order Of The Learned Commissioner Of Income-Tax (Appeals)-3, Ahmedabad [“Cit(A)” In Short] Dated 22.09.2016 Relevant To Assessment Year 2012-13. 2. Assessee Has Raised The Following Grounds Of Appeal:- “1.0 The Learned Commissioner Of Income-Tax (Appeals) Erred In Law & On Facts In Confirming The Penalty Order. 2.0 The Learned Commissioner Of Income-Tax (Appeals) Erred In Law & On Facts In Concluding That Mistake Committed By The Appellant Was Intentional. He Has Further Erred In Not Considering The Explanation Of The Appellant Duly Supported By The Affidavits To The Effect That The Advocate

251 ITR 99 (SC). Further, as per judgments, additional income in response to notice u/s. 148, penalty on additional income confirmed in the case laws PC Joseph & Bros. Vs. CIT 243 ITR 818 (Ker.) Naram Das Suraj Bhan Vs CST 21 STC 104 (SC) The dictionary meaning of the word concealment is to hide, to keep secret. The Explanation

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2),, AHMEDABAD vs. M/S. CORRTECH INTERNATIONAL PVT. LTD.,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

251 ITR 133 (Guj.). 28. We have heard both the parties and perused all the relevant material available on record. It is not a disputed fact that the ownership of the said movable assets such as moving and ready to use machines are owned by the assessee. The assessee has made use of these assets related to construction and infrastructure