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

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

u/s 271(1)(a) was not imposable upon assessee. In this case, the brief facts of the case are that the assessee, a Hindu Undivided Family, filed its return of income for the assessment year 1979-80 on March 23, 1982, declaring nil income, though the due date for filing was July 31, 1979. The delay of 32 months

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

u/s 271(1)(a) was not imposable upon assessee. In this case, the brief facts of the case are that the assessee, a Hindu Undivided Family, filed its return of income for the assessment year 1979-80 on March 23, 1982, declaring nil income, though the due date for filing was July 31, 1979. The delay of 32 months

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

u/s 271(1)(a) was not imposable upon assessee. In this case, the brief facts of the case are that the assessee, a Hindu Undivided Family, filed its return of income for the assessment year 1979-80 on March 23, 1982, declaring nil income, though the due date for filing was July 31, 1979. The delay of 32 months

DCIT, CIRCLE GANDHINAGAR, GANDHINAGAR vs. SHRI UMIYA CO OPERATIVE CREDIT SOCIETY LTD LINCH, GANDHINAGAR

In the result, the appeals filed by the Revenue are hereby dismissed

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

271C, section 271CA, section 271D, section 271E, I.T.A 1932 & 1933/Ahd/2025 A.Y: 2016-17 5 DCIT Vs. Shri Umiya Cooperative Credit Society Ltd. section 271F, section 271FA, 99[section 271FAB.] section 271FB, section 271G, 1[section 271GA,J 2[section 271GB,] section 271H, 3 section 271-1], 4[section 271J,] clause (c) or clause (d) of sub-section

DCIT CIRCLE GANDHINAGAR, GANDHINAGAR vs. SHRI UMIYA CO OPERATIVE CREDIT SOCIETY LTD LINCH, GANDHINAGAR

In the result, the appeals filed by the Revenue are hereby dismissed

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

271C, section 271CA, section 271D, section 271E, I.T.A 1932 & 1933/Ahd/2025 A.Y: 2016-17 5 DCIT Vs. Shri Umiya Cooperative Credit Society Ltd. section 271F, section 271FA, 99[section 271FAB.] section 271FB, section 271G, 1[section 271GA,J 2[section 271GB,] section 271H, 3 section 271-1], 4[section 271J,] clause (c) or clause (d) of sub-section

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

u/s 271B. I find no reason to interfere with the penalty order for the AY 2012-13. 6. Being aggrieved by the order of the learned CIT-A, the assessee is in appeal before us. 7. The learned AR before us inter-alia submitted that the books and other supporting documents of the assessee were impounded by the search team

GUJARAT ALKALIES AND CHEMICALS LTD.,,BARODA vs. THE ADDL. CIT, TDS RANGE,, BARODA

In the result, both the appeals filed by the assessee are allowed

Bench: Shri Mahavir Prasad & Shri Amarjit Singh)

271C - Assessee contended that deductions were made in consolidated form under section 194C on professional advice of chartered accountant and due to bona fide belief thereon - Whether it was neither case of mala fide intention nor that of negligent intention or want of bona fide, but a case of misconceived belief of applicability of one provision of law than other

GUJARAT ALKALIES AND CHEMICALS LTD.,,BARODA vs. THE ADDL. CIT, TDS RANGE,, BARODA

In the result, both the appeals filed by the assessee are allowed

Bench: Shri Mahavir Prasad & Shri Amarjit Singh)

271C - Assessee contended that deductions were made in consolidated form under section 194C on professional advice of chartered accountant and due to bona fide belief thereon - Whether it was neither case of mala fide intention nor that of negligent intention or want of bona fide, but a case of misconceived belief of applicability of one provision of law than other

TORQUE AUTOMOTIVE PVT. LTD.,AHMEDABAD vs. THE ACIT(TSD),, AHMEDABAD

In the result, all the four appeals filed by the assessee are allowed

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmed

u/s. 272A(2)(g) of the Act on account of delay in furnishing TDS Certificates. It is submitted that Ld. CIT(A) has not appreciated that only due to reasons beyond control and financial crunch, payment was made late by the Company, due to which there was consequential delay in furnishing the TDS Certificates. The said bonafide explanations were

TORQUE AUTOMOTIVE PVT. LTD.,AHMEDABAD vs. THE ACIT(TSD),, AHMEDABAD

In the result, all the four appeals filed by the assessee are allowed

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmed

u/s. 272A(2)(g) of the Act on account of delay in furnishing TDS Certificates. It is submitted that Ld. CIT(A) has not appreciated that only due to reasons beyond control and financial crunch, payment was made late by the Company, due to which there was consequential delay in furnishing the TDS Certificates. The said bonafide explanations were

TORQUE AUTOMOTIVE PVT. LTD.,AHMEDABAD vs. THE ACIT(TSD),, AHMEDABAD

In the result, all the four appeals filed by the assessee are allowed

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmed

u/s. 272A(2)(g) of the Act on account of delay in furnishing TDS Certificates. It is submitted that Ld. CIT(A) has not appreciated that only due to reasons beyond control and financial crunch, payment was made late by the Company, due to which there was consequential delay in furnishing the TDS Certificates. The said bonafide explanations were

TORQUE AUTOMOTIVE PVT. LTD.,AHMEDABAD vs. THE ACIT(TSD),, AHMEDABAD

In the result, all the four appeals filed by the assessee are allowed

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmed

u/s. 272A(2)(g) of the Act on account of delay in furnishing TDS Certificates. It is submitted that Ld. CIT(A) has not appreciated that only due to reasons beyond control and financial crunch, payment was made late by the Company, due to which there was consequential delay in furnishing the TDS Certificates. The said bonafide explanations were

THE ITO, WARD-1(2)(4),, VADODARA vs. SHRI PRADEEPSHANKAR B. JHA,, VADODARA

In the result, ground no. 4 of Revenue ‘s appeal is dismissed

271 (1)(c) of the Act are general in nature and do not require any specific adjudication. ITA No. 3525/Ahd/2016 AY 2012-03 40. This is an appeal by the Department against the order of the commissioner of Income Tax (Appeal)-V Baroda, Appeal No. CAB/05- 158/2015-16 dated 22-09-2016. 41. The Department has raised the following ground

THE ITO, WARD-2(4),, BARODA vs. SHRI PRADEEPSHANKAR B. JHA, BARODA

In the result, ground no. 4 of Revenue ‘s appeal is dismissed

271 (1)(c) of the Act are general in nature and do not require any specific adjudication. ITA No. 3525/Ahd/2016 AY 2012-03 40. This is an appeal by the Department against the order of the commissioner of Income Tax (Appeal)-V Baroda, Appeal No. CAB/05- 158/2015-16 dated 22-09-2016. 41. The Department has raised the following ground