THE ACIT, CENTRAL CIRCLE-1(4),, AHMEDABAD vs. SHRI RAGHUBHAI B.VAGHELA, AHMEDABAD

In the result, this appeal of the assessee is also allowed

Bench: Shri Rajpal Yadav & Shri Manish Boradsn It(Ss)A/Ita No. Ay Appellant Respondent 2004-05 Acit, Shri Raghubhai B. Vaghela, 1034/Ahd/2013 Central Circle 1 (4), 8, Riddhi Siddhi Bunglows, Ahmedabad Sanand, Ahmedabad-382210 Pan : Afgpv 8496 N 2009-10 Revenue Assessee 1035/Ahd/2013 2010-11 Revenue Assessee 1036/Ahd/2013 4 It(Ss)A No. 2004-05 Assessee Revenue 153/Ahd/2014 5 It(Ss)A No. 2009-10 Assessee Revenue 154/Ahd/2014 6 It(Ss)A No. 2010-11 Assessee Revenue 155/Ahd/2014 7 It(Ss)A No. 2004-05 Assessee Revenue 36/Ahd/2016 8 It(Ss)A No. 2005-06 Assessee Revenue 37/Ahd/2016 9 It(Ss)A No. 2009-10 Assessee Revenue 38/Ahd/2016 10 It(Ss)A No. 2010-11 Assessee Revenue 39/Ahd/2016 Revenue By : Ms. Vibha Bhalla, Cit-Dr Assessee By : Shri Sakar Sharma, Ar सुनवाई क" तार"ख/Date Of Hearing : 03/05/2017 घोषणा क" तार"ख /Date Of Pronouncement: 11/05/2017 आदेश/O R D E R Per Bench :

section 253(5) of the Act. In the case under consideration, admittedly, the assessee has not shown any action or vigilance for a period of more than 902 days after the impugned order was served upon . In the facts of the present case, the assessee has not proved any inaction or negligence on the part of a third party, much

THE ACIT, CENTRAL CIRCLE-1(4),, AHMEDABAD vs. SHRI RAGHUBHAI B.VAGHELA, AHMEDABAD

In the result, this appeal of the assessee is also allowed

Bench: Shri Rajpal Yadav & Shri Manish Boradsn It(Ss)A/Ita No. Ay Appellant Respondent 2004-05 Acit, Shri Raghubhai B. Vaghela, 1034/Ahd/2013 Central Circle 1 (4), 8, Riddhi Siddhi Bunglows, Ahmedabad Sanand, Ahmedabad-382210 Pan : Afgpv 8496 N 2009-10 Revenue Assessee 1035/Ahd/2013 2010-11 Revenue Assessee 1036/Ahd/2013 4 It(Ss)A No. 2004-05 Assessee Revenue 153/Ahd/2014 5 It(Ss)A No. 2009-10 Assessee Revenue 154/Ahd/2014 6 It(Ss)A No. 2010-11 Assessee Revenue 155/Ahd/2014 7 It(Ss)A No. 2004-05 Assessee Revenue 36/Ahd/2016 8 It(Ss)A No. 2005-06 Assessee Revenue 37/Ahd/2016 9 It(Ss)A No. 2009-10 Assessee Revenue 38/Ahd/2016 10 It(Ss)A No. 2010-11 Assessee Revenue 39/Ahd/2016 Revenue By : Ms. Vibha Bhalla, Cit-Dr Assessee By : Shri Sakar Sharma, Ar सुनवाई क" तार"ख/Date Of Hearing : 03/05/2017 घोषणा क" तार"ख /Date Of Pronouncement: 11/05/2017 आदेश/O R D E R Per Bench :

section 253(5) of the Act. In the case under consideration, admittedly, the assessee has not shown any action or vigilance for a period of more than 902 days after the impugned order was served upon . In the facts of the present case, the assessee has not proved any inaction or negligence on the part of a third party, much

THE ACIT, CENTRAL CIRCLE-1(4),, AHMEDABAD vs. SHRI RAGHUBHAI B.VAGHELA, AHMEDABAD

In the result, this appeal of the assessee is also allowed

Bench: Shri Rajpal Yadav & Shri Manish Boradsn It(Ss)A/Ita No. Ay Appellant Respondent 2004-05 Acit, Shri Raghubhai B. Vaghela, 1034/Ahd/2013 Central Circle 1 (4), 8, Riddhi Siddhi Bunglows, Ahmedabad Sanand, Ahmedabad-382210 Pan : Afgpv 8496 N 2009-10 Revenue Assessee 1035/Ahd/2013 2010-11 Revenue Assessee 1036/Ahd/2013 4 It(Ss)A No. 2004-05 Assessee Revenue 153/Ahd/2014 5 It(Ss)A No. 2009-10 Assessee Revenue 154/Ahd/2014 6 It(Ss)A No. 2010-11 Assessee Revenue 155/Ahd/2014 7 It(Ss)A No. 2004-05 Assessee Revenue 36/Ahd/2016 8 It(Ss)A No. 2005-06 Assessee Revenue 37/Ahd/2016 9 It(Ss)A No. 2009-10 Assessee Revenue 38/Ahd/2016 10 It(Ss)A No. 2010-11 Assessee Revenue 39/Ahd/2016 Revenue By : Ms. Vibha Bhalla, Cit-Dr Assessee By : Shri Sakar Sharma, Ar सुनवाई क" तार"ख/Date Of Hearing : 03/05/2017 घोषणा क" तार"ख /Date Of Pronouncement: 11/05/2017 आदेश/O R D E R Per Bench :

section 253(5) of the Act. In the case under consideration, admittedly, the assessee has not shown any action or vigilance for a period of more than 902 days after the impugned order was served upon . In the facts of the present case, the assessee has not proved any inaction or negligence on the part of a third party, much

SHRI VIJAY D. PATEL,,AHMEDABAD vs. THE CIT-7,, AHMEDABAD

5 Vijay D. Patel vs. CIT drew our attention to the order passed u/s 143(3) r.w.s 263 of the Act dated 26/02/2016 placed before us at Paper Book page No.10-11, accepting the returned income. 5.1 With regards to the issue of non initiation of penalty proceedings u/s. 271(1)(c) of the Act, it was contended before us that

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. Since, both the appeals are emanating from a common issue for consideration, both the appeals filed by the assessee are being taken up together. 4. The brief facts of the case are that the assessee, Shri Yogesh Jashubhai Patel, filed his return of income for the Assessment Year 2011–12, declaring a total

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. Since, both the appeals are emanating from a common issue for consideration, both the appeals filed by the assessee are being taken up together. 4. The brief facts of the case are that the assessee, Shri Yogesh Jashubhai Patel, filed his return of income for the Assessment Year 2011–12, declaring a total

MARDIA COPPER EXTRUTIONS PVT.LTD.,AHMEDABAD vs. DCIT, CIRCLE-2(1)(2),, AHMEDABAD

In the result appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No. 229/Ahd/2018 "नधा"रण वष"/Asstt. Year: 1990-1991 M/S Mardia Copper Extrusions Pvt. Ltd., D.C.I.T, C/O Mehta Lodha & Co., Vs. Circle-2(1)(2), 105, Sakar-I, Near Gandhigram Railway Ahmedabad. Station, Off Ashram Road, Ahmedabad-380009. Pan: Aabcm3848G

u/s 271(1)(c) of the Act at Rs. 16,66,271/- only being 100% of the amount of tax sought to be evaded. 3. The aggrieved assessee preferred an appeal before the Ld. CIT (A). The assessee before the Ld. CIT (A) reiterated the submission as before the AO. Page 4 of 11 Asstt. Year 1990-91 5

M/S GURUKRUPA DEVELOPERS,GODHRA vs. THE DCIT, CENTRAL CIRCLE-1,, VADODARA

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No. 41/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2012-2013 M/S Gurukrupa Developers, D.C.I.T., Mahavir Complex, Vs. Central Circle-1, Opp. Fci Godown, Vadodara. Sapana Road, Godhra-389001. Pan: Aaifg8293P

253 ITR 754 (Mad) the High Court has held that the words "reasonable cause" in section 273B must necessarily have a relation to the failure on the part of the assessee to comply with the requirement of the law which he failed to comply with and that the cause shown must be for the whole of the period

NIRAJ PRATAPBHAI SHAH,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-3(3)(2), (FORMERLY ITO, WARD-3(3)(3),, AHMEDABAD

In the result, the appeal of the assessee in ITA No

Bench: Income Tax Appellate Tribunal, Ahmedabad Bench

penalty u/s. 271(1)(c) of the Act. 8. Both the lower authorities have passed the orders without properly appreciating the facts and law on the issue. The action of the lower authorities is in clear breach of law and Principles of Natural Justice and therefore deserves to be quashed. I.T.A Nos. 85 & 87/Ahd/2024 A.Y. 2013-14 Page

NIRAJ PRATAPBHAI SHAH,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3(3)(2)(FORMERLY ITO, WARD-3(3)(3)), AHMEDABAD

In the result, the appeal of the assessee in ITA No

Bench: Income Tax Appellate Tribunal, Ahmedabad Bench

penalty u/s. 271(1)(c) of the Act. 8. Both the lower authorities have passed the orders without properly appreciating the facts and law on the issue. The action of the lower authorities is in clear breach of law and Principles of Natural Justice and therefore deserves to be quashed. I.T.A Nos. 85 & 87/Ahd/2024 A.Y. 2013-14 Page

DCIT CENTRAL CIRCLE 1(1) AHMEDABAD, AHMEDABAD vs. PINAC STOCK BROKERS PRIVATE LIMITED, AHMEDABAD

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

Bench: Dr.Brr Kumar & Shri T.R Senthil Kumar

5. In the result, the Miscellaneous Application filed by the assessee is allowed." 5.3. Respectfully following the decision of the Hon'ble ITAT reproduced above, when the very addition on which penalty has been levied u/s 271(1)(c) has been I.T.A No. 858/Ahd/2024 A.Y. 2011-12 Page No 6 DCIT Vs. Pinac Stock Brokers Pvt. Ltd. deleted/set-aside for fresh

SHRIRAM TUBES PVT. LTD.,,AHMEDABAD vs. THE DCIT.,CIRCLE-4(1)(1), AHMEDABAD

In the result, subject to payment of Rs

Bench: Shri Rajpal Yadav & Shri Pradipkumar Kediaआयकर अपील सं./ Ita No.27 & 28/Ahd/2019 [Asstt.Year: 2007-08]

penalty order u/s. 271(l)(c) of the Act and not of more than 27 months delay as stated by the CIT(Appeals) in his appellate order dated 13/11/2018.” 8. With the assistance of the ld.representatives, we have gone through the record carefully. Sub-section 5 of Section 253

SHRIRAM TUBES PVT. LTD.,,AHMEDABAD vs. THE DCIT.,CIRCLE-4(1)(1), AHMEDABAD

In the result, subject to payment of Rs

Bench: Shri Rajpal Yadav & Shri Pradipkumar Kediaआयकर अपील सं./ Ita No.27 & 28/Ahd/2019 [Asstt.Year: 2007-08]

penalty order u/s. 271(l)(c) of the Act and not of more than 27 months delay as stated by the CIT(Appeals) in his appellate order dated 13/11/2018.” 8. With the assistance of the ld.representatives, we have gone through the record carefully. Sub-section 5 of Section 253

ABDULMANNAN MOHAMMEDKASAM BASTAWALA,AHMEDABAD vs. WARD 5(3)(1), AHMEDABAD, VEJALPUR

In the result, the appeal of the assessee is allowed

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

u/s. 271(1)(b) of the Act imposed by Ld. AO.” 3. The brief facts of the case are that the Assessing Officer observed that the assessee had incurred substantial expenditure totaling to Rs. 19,96,363/- through several credit cards held by the assessee, during the impugned assessment year. The Assessing Officer observed that on examination of records

KOLET RESORT CLUB PRIVATE LIMITED,AHMEDABAD vs. INCOME TAX OFFICER, WARD-4(2), AHMEDABAD

In the result, appeal filed by the Assessee is allowed for statistical purpose

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

u/s 271(l)(c) of the Act is invalid 'ab initio' since there is no clear indication about the concealment of the particulars of the income, nor there is clear indication for furnishing of inaccurate particulars of income 12. The Ld. CIT(A) erred by not fairly and judiciously appreciating the fact that the penalty proceedings and assessment proceedings

SNEHA PAWAN AGARWAL,AHMEDABAD vs. ITO WARD 1(1)(3), AHMEDABAD

The appeals are allowed for statistical purposes

penalty proceedings\nunder sections 271(1)(b) and 271(1)(c) of the Act despite there being no\nconscious OR deliberate default by the assessee. The non-compliance was\ndue to genuine non-receipt of communications, not due to any intent to conceal\nincome OR furnish inaccurate particulars.\n5. Section 234A, 234B, 234C: The Ld. AO has erred

BHARATKUMAR SOMABHAI PATEL,BANASHKANTHA vs. THE ITO, WARD-4, PALANPUR

In the result, the appeal filed by the Assessee is dismissed as in limine

u/s. 271(1)(c) was passed by the A.O. on 06.02.2012. However the assessee filed the present appeal on 27.02.2019. Perusal of the facts on record and Form No. 35 filed by the assessee, it is noticed that the date of service of the penalty order is stated as 07.12.2012, but the appeal is filed on 27.02.2019 which is more

SNEHA PAWAN AGARWAL,AHMEDABAD vs. ITO WARD 1(1)(3), AHMEDABAD

The appeals are allowed for statistical purposes

253(5) of the\nAct. The delay in filing the appeals is attributable to an inadvertent\ntechnical lapse in e-mail communication, and the assessee acted promptly\nupon becoming aware of the CIT(A)'s orders. In view of the settled legal\nposition that “when substantial justice and technical considerations are\npitted against each other, the cause of substantial justice

KIRI DYES & CHEMICALS LTD. ,AHMEDABAD vs. THE PR. CIT-2,, AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediaआयकर अपील सं./I.T.A. No. 1232/Ahd/2018 ("नधा"रण वष" / Assessment Year : 2003-04)

u/s. 271 [1](c) of the Act ?” Having heard Ms. Paurami Sheth, learned advocate appearing for the appellant- Revenue and Shri Manish J. Shah, learned advocate appearing on behalf of the respondent and considering the impugned judgment and order dated 24th July ITA No. 1232/Ahd/18 [Kiri Dyes and Chemicals Ltd. Vs. Pr.CIT] A.Y. 2003-04 - 5 - 2009 passed