DCIT, CENTRAL CIRCLE-1(4), AHMEDABAD vs. M/S. KGN INDUSTRIES LTD, AHMEDABAD

In the result, appeal field by the Revenue is allowed

Section 40(a)(ia) of the Act. Thus determined the assessed income as Rs. 1,68,10,620/- u/s. 144 r.w.s. 147 of the Act and also charged interest of u/s. 234A, 234B, 234C and 234D of the Act. The Assessing Officer also initiated penalty proceedings u/s. 271(1)(c) as the assessee company has concealed its income

WELSPUN PROJECTS LTD.(FORMERLY KNOWN AS MSK PROJECTS (INDIA) LTD.),BARODA vs. THE ACIT, CIRCLE-4,, BARODA

In the result, appeals of Revenue are dismissed, whereas quantum appeal of the assessee in ITA No

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita No.2484 & 2485/Ahd/2014 "नधा"रण वष"/Asstt. Year: 2000-2001 Welspun Projects Ltd. (Formerly Vs. Acit, Cir.4 Known As Msk Projects Baroda. 707-708, Sterling Centre R.C.Dutta Road, Baroda 390 005. Pan : Aabcm 4107 C

section 271(1)(c) of the Act vide order ITA No.2484/Ahd/2014 and 4 Others ACIT Vs. Welspun Projects Ltd. 7 dated 24.7.2013. This time he has imposed penalty at Rs.26,81,000/- on addition of Rs.69,61,227/- i.e. Rs.42,77,609/- plus Rs.26,83,680/-. 17. With the assistance of the ld.representatives, we have gone through the record carefully

THE ACIT, CIRCLE-4,, BARODA vs. M/S. WELSPUN PROJECTS LTD.,(FORMERLY KNOWN AS MSK PROJECTS (INDIA) LTD.,), BARODA

In the result, appeals of Revenue are dismissed, whereas quantum appeal of the assessee in ITA No

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita No.2484 & 2485/Ahd/2014 "नधा"रण वष"/Asstt. Year: 2000-2001 Welspun Projects Ltd. (Formerly Vs. Acit, Cir.4 Known As Msk Projects Baroda. 707-708, Sterling Centre R.C.Dutta Road, Baroda 390 005. Pan : Aabcm 4107 C

section 271(1)(c) of the Act vide order ITA No.2484/Ahd/2014 and 4 Others ACIT Vs. Welspun Projects Ltd. 7 dated 24.7.2013. This time he has imposed penalty at Rs.26,81,000/- on addition of Rs.69,61,227/- i.e. Rs.42,77,609/- plus Rs.26,83,680/-. 17. With the assistance of the ld.representatives, we have gone through the record carefully

THE ACIT, CIRCLE-4,, BARODA vs. M/S. WELSPUN PROJECTS LTD.,(FORMERLY KNOWN AS MSK PROJECTS (INDIA) LTD.,), BARODA

In the result, appeals of Revenue are dismissed, whereas quantum appeal of the assessee in ITA No

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita No.2484 & 2485/Ahd/2014 "नधा"रण वष"/Asstt. Year: 2000-2001 Welspun Projects Ltd. (Formerly Vs. Acit, Cir.4 Known As Msk Projects Baroda. 707-708, Sterling Centre R.C.Dutta Road, Baroda 390 005. Pan : Aabcm 4107 C

section 271(1)(c) of the Act vide order ITA No.2484/Ahd/2014 and 4 Others ACIT Vs. Welspun Projects Ltd. 7 dated 24.7.2013. This time he has imposed penalty at Rs.26,81,000/- on addition of Rs.69,61,227/- i.e. Rs.42,77,609/- plus Rs.26,83,680/-. 17. With the assistance of the ld.representatives, we have gone through the record carefully

THE ACIT, CIRCLE-4,, BARODA vs. M/S. WELSPUN PROJECTS LTD.,(FORMERLY KNOWN AS MSK PROJECTS (INDIA) LTD.,), BARODA

In the result, appeals of Revenue are dismissed, whereas quantum appeal of the assessee in ITA No

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita No.2484 & 2485/Ahd/2014 "नधा"रण वष"/Asstt. Year: 2000-2001 Welspun Projects Ltd. (Formerly Vs. Acit, Cir.4 Known As Msk Projects Baroda. 707-708, Sterling Centre R.C.Dutta Road, Baroda 390 005. Pan : Aabcm 4107 C

section 271(1)(c) of the Act vide order ITA No.2484/Ahd/2014 and 4 Others ACIT Vs. Welspun Projects Ltd. 7 dated 24.7.2013. This time he has imposed penalty at Rs.26,81,000/- on addition of Rs.69,61,227/- i.e. Rs.42,77,609/- plus Rs.26,83,680/-. 17. With the assistance of the ld.representatives, we have gone through the record carefully

WELSPUN PROJECTS LTD.(FORMERLY KNOWN AS MSK PROJECTS (INDIA) LTD.),BARODA vs. THE DY.CIT, CIRCLE-4,, BARODA

In the result, appeals of Revenue are dismissed, whereas quantum appeal of the assessee in ITA No

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita No.2484 & 2485/Ahd/2014 "नधा"रण वष"/Asstt. Year: 2000-2001 Welspun Projects Ltd. (Formerly Vs. Acit, Cir.4 Known As Msk Projects Baroda. 707-708, Sterling Centre R.C.Dutta Road, Baroda 390 005. Pan : Aabcm 4107 C

section 271(1)(c) of the Act vide order ITA No.2484/Ahd/2014 and 4 Others ACIT Vs. Welspun Projects Ltd. 7 dated 24.7.2013. This time he has imposed penalty at Rs.26,81,000/- on addition of Rs.69,61,227/- i.e. Rs.42,77,609/- plus Rs.26,83,680/-. 17. With the assistance of the ld.representatives, we have gone through the record carefully

THE ITO, WARD-3(1)(1),, AHMEDABAD vs. M/S. NASCENT INFO TECHNOLOGIES PVT. LTD.,, AHMEDABAD

In the result the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & M/S. Madhumita Royआयकर अपील सं./I.T.A. No. 2828/Ahd/2016 ("नधा"रण वष" / Assessment Year : 2012-13) बनाम/ Ito M/S. Nascent Info Technologies Pvt. Ltd. Ward-3(1)(1), Vs. A-805, Sapath-Iv, Opp. Ahmedabad Karnavati Club, Ahmedabad- 380054 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aac Cn3 670 J (अपीलाथ" /Appellant) .. (""यथ" / Respondent) अपीलाथ" ओर से /Appellant By : Santosh Karnani, Sr. Dr ""यथ" क" ओर से / Respondent By: Mehul K. Patel, Ar सुनवाई क" तार"ख / Date Of Hearing 13/02/2019 घोषणा क" तार"ख /Date Of Pronouncement 27/03/2019 आदेश/O R D E R Per Waseem Ahmed - Am:

u/s. 271(1)(c) of the Act would be decided based on following observations. As per the provisions of section 271(1)(c) of the Income-tax Act,1961, penalty u/s.271(1)(c) can be imposed on two charges i.e. (1) concealment of particulars of income (2) furnishing of inaccurate particulars of income. The common factor in the above charge

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

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 to section 27l(1)(c) does not alter or extend this meaning. It only assumes

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]

section 271(1)(c) of the Act was initiated against the assessee, and in an ex parte order penalty of Rs.8,09,40,722/- was imposed vide order dated 28.9.2015. Appeal against this order was presented after expiry of limitation by 27 months. In order to explain the delay, the ITA No.27 and 28/Ahd/2019 4 assessee has filed explanation which

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]

section 271(1)(c) of the Act was initiated against the assessee, and in an ex parte order penalty of Rs.8,09,40,722/- was imposed vide order dated 28.9.2015. Appeal against this order was presented after expiry of limitation by 27 months. In order to explain the delay, the ITA No.27 and 28/Ahd/2019 4 assessee has filed explanation which

M/S. OCEANIC BUILDCON PVT.LTD.,,BARODA vs. THE ACIT, CIRCLE-4,, BARODA

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

Bench: Shri Pramod Kumar & Shri Mahavir Prasad)

27l(l)(a). 3. The facts of the case are that the assessee company was engaged in the business of providing immovable property on hire/rent basis. During the year, the assessee was doing construction of building to give on rent. The assessee purchased a land in the financial year 2005-06 and commenced the construction of building a Mall

VINODCHANDRA T PARIKH,AHMEDABAD vs. ITO, WARD-2(1)(2),, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No. 457/Ahd/2018 िनधा"रण वष"/Asstt. Year: 2013-2014 Vinodchandra T. Parikh, I.T.O, 31, Shail, Vs. Ward-2(1)(2), Opp. Madhusudan House, Ahmedabad. Navrangpura, Ahmedabad.

penalty proceedings u/s 27l(l)(c). The addition confirmed by the learned CIT(A) deserves to be deleted. The same be deleted now. 2. The Learned CIT(A) erred in law and on facts in not admitting the additional ground and also not considering additional ground raised during the course of Appellate Proceedings. The Additional ground raised be admitted