SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

Section 271(1)(c) of the Act is concerned, we are of the view that it is a fit case were penalty is liable to be deleted. 42. In the result, the appeal of the assessee is allowed in ITA No. 211/Ahd/2020 for A.Y. 2005-06. Now we shall take up ITA No. 212/Ahd/2020 (Ashokji Chanduji Thakore

SHRI ROHITJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

Section 271(1)(c) of the Act is concerned, we are of the view that it is a fit case were penalty is liable to be deleted. 42. In the result, the appeal of the assessee is allowed in ITA No. 211/Ahd/2020 for A.Y. 2005-06. Now we shall take up ITA No. 212/Ahd/2020 (Ashokji Chanduji Thakore

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

Section 271(1)(c) of the Act is concerned, we are of the view that it is a fit case were penalty is liable to be deleted. 42. In the result, the appeal of the assessee is allowed in ITA No. 211/Ahd/2020 for A.Y. 2005-06. Now we shall take up ITA No. 212/Ahd/2020 (Ashokji Chanduji Thakore

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

Section 271(1)(c) of the Act is concerned, we are of the view that it is a fit case were penalty is liable to be deleted. 42. In the result, the appeal of the assessee is allowed in ITA No. 211/Ahd/2020 for A.Y. 2005-06. Now we shall take up ITA No. 212/Ahd/2020 (Ashokji Chanduji Thakore

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

Section 271(1)(c) of the Act is concerned, we are of the view that it is a fit case were penalty is liable to be deleted. 42. In the result, the appeal of the assessee is allowed in ITA No. 211/Ahd/2020 for A.Y. 2005-06. Now we shall take up ITA No. 212/Ahd/2020 (Ashokji Chanduji Thakore

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

Section 271(1)(c) of the Act is concerned, we are of the view that it is a fit case were penalty is liable to be deleted. 42. In the result, the appeal of the assessee is allowed in ITA No. 211/Ahd/2020 for A.Y. 2005-06. Now we shall take up ITA No. 212/Ahd/2020 (Ashokji Chanduji Thakore

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

Section 271(1)(c) of the Act is concerned, we are of the view that it is a fit case were penalty is liable to be deleted. 42. In the result, the appeal of the assessee is allowed in ITA No. 211/Ahd/2020 for A.Y. 2005-06. Now we shall take up ITA No. 212/Ahd/2020 (Ashokji Chanduji Thakore

RAMCHAND BHULCHAND RAJAI,BHAVNAGAR vs. THE DY.CIT.,CIRCLE-1, , BHAVNAGAR

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarआयकर अपील सं / Ita No. 167/Ahd/2024 िनधा"रण वष"/Assessment Year : 2009-10 बनाम बनाम बनाम बनाम Ramchand Bhulchand Rajai, The Deputy Commissioner C/O. Jayesh Tyres, Vs. Of Income-Tax, Opp. Railway Station, Circle-1, Bhavnagar Bhavnagar-364001 Pan : Abmpr 4841 D अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) िनधा"रती की ओर से / Assessee By : Shri B.R. Popat, Ar ""थ" की ओर से / Revenue By: Shri Prateek Sharma, Sr Dr सुनवाई की तारीख /Date Of Hearing : 22/04/2024 घोषणा की तारीख /Date Of Pronouncement: 15/07/2024 आदेश/O R D E R Per Annapurna Gupta

Section 250 of the Income-tax Act, 1961 [hereinafter referred to as "the Act" for short], confirming the levy of penalty u/s 271(1)(c) of the Act, for the Assessment Year (AY) 2009-10. 2. The penalty in the present case was levied on concealment/furnishing of inaccurate particulars of income, arising from the following disallowances made by the Assessing

SHRI GIRISHBHAI VADILAL SHAH,,AHMEDABAD vs. THE DCIT, CIRCLE-4(1)(2),, AHMEDABAD

In the result, appeal preferred by the assessee in ITA No

Bench: Ms. Suchitra Raghunath Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 330, 331 & 332/Ahd/2020 (िनधा"रण वष" िनधा"रण वष" िनधा"रण वष" / Assessment Years : 2014-15, 2015-16 & 2016-17) िनधा"रण वष" Girishbhai Vadilal Shah Dcit बनाम बनाम/ बनाम बनाम 139, V R Shah Smruti Circle – 4(1)(2), Vs. Shikshan Mandir, Nr. Ahmedabad Dharnidhar Derasar, Vasna, Ahmedabad, Gujarat, 380007 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abjps3102P (Appellant) .. (Respondent) Shri Jaimin Shah, Ar अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Ms. Saumya Pandey Jain, Sr. Dr Date Of Hearing 26/06/2024 Date Of Pronouncement 15/07/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: These Three Appeals Are Filed By The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals)-8, Ahmedabad, (In Short The ‘Cit(A)’), (In Short ‘The Cit(A)’) All Dated 16.03.2020 For The Assessment Year 2014-15, 2015-16 & 2016-17. As The Issues Involved In The Three Appeals Are Common, They Were Heard Together & Are Being Disposed Vide This Common Order.

271(1)(c) and as such the penalty and interest u/s 234A, 234B and 234C may please be deleted.” 20. Ground Nos. 1 & 2 pertain to disallowance of interest expenses of Rs.24,02,792/- under Section 58

SHRI GIRISHBHAI VADILAL SHAH,,AHMEDABAD vs. THE DCIT, CIRCLE-4(1)(2),, AHMEDABAD

In the result, appeal preferred by the assessee in ITA No

Bench: Ms. Suchitra Raghunath Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 330, 331 & 332/Ahd/2020 (िनधा"रण वष" िनधा"रण वष" िनधा"रण वष" / Assessment Years : 2014-15, 2015-16 & 2016-17) िनधा"रण वष" Girishbhai Vadilal Shah Dcit बनाम बनाम/ बनाम बनाम 139, V R Shah Smruti Circle – 4(1)(2), Vs. Shikshan Mandir, Nr. Ahmedabad Dharnidhar Derasar, Vasna, Ahmedabad, Gujarat, 380007 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abjps3102P (Appellant) .. (Respondent) Shri Jaimin Shah, Ar अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Ms. Saumya Pandey Jain, Sr. Dr Date Of Hearing 26/06/2024 Date Of Pronouncement 15/07/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: These Three Appeals Are Filed By The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals)-8, Ahmedabad, (In Short The ‘Cit(A)’), (In Short ‘The Cit(A)’) All Dated 16.03.2020 For The Assessment Year 2014-15, 2015-16 & 2016-17. As The Issues Involved In The Three Appeals Are Common, They Were Heard Together & Are Being Disposed Vide This Common Order.

271(1)(c) and as such the penalty and interest u/s 234A, 234B and 234C may please be deleted.” 20. Ground Nos. 1 & 2 pertain to disallowance of interest expenses of Rs.24,02,792/- under Section 58

SHRI GIRISHBHAI VADILAL SHAH,,AHMEDABAD vs. THE DCIT, CIRCLE-4(1)(2),, AHMEDABAD

In the result, appeal preferred by the assessee in ITA No

Bench: Ms. Suchitra Raghunath Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 330, 331 & 332/Ahd/2020 (िनधा"रण वष" िनधा"रण वष" िनधा"रण वष" / Assessment Years : 2014-15, 2015-16 & 2016-17) िनधा"रण वष" Girishbhai Vadilal Shah Dcit बनाम बनाम/ बनाम बनाम 139, V R Shah Smruti Circle – 4(1)(2), Vs. Shikshan Mandir, Nr. Ahmedabad Dharnidhar Derasar, Vasna, Ahmedabad, Gujarat, 380007 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abjps3102P (Appellant) .. (Respondent) Shri Jaimin Shah, Ar अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Ms. Saumya Pandey Jain, Sr. Dr Date Of Hearing 26/06/2024 Date Of Pronouncement 15/07/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: These Three Appeals Are Filed By The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals)-8, Ahmedabad, (In Short The ‘Cit(A)’), (In Short ‘The Cit(A)’) All Dated 16.03.2020 For The Assessment Year 2014-15, 2015-16 & 2016-17. As The Issues Involved In The Three Appeals Are Common, They Were Heard Together & Are Being Disposed Vide This Common Order.

271(1)(c) and as such the penalty and interest u/s 234A, 234B and 234C may please be deleted.” 20. Ground Nos. 1 & 2 pertain to disallowance of interest expenses of Rs.24,02,792/- under Section 58

SWAMINARAYAN CO.OP.BANK LTD.,,BARODA vs. THE ACIT, CIRCLE-3(1),, BARODA

In the result, the appeal of the Assessee is allowed

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1411/Ahd/2019 "नधा"रण वष" /Assessment Year : 2010-11 Swaminarayan Co-Op. Bank Ltd. The Acit बना 1, Ashok Chambers Circle-3(1) Opp. Pathak Gate Police Station Ahmedabad म/ Madanzampa Road V/S. Vadodara 390 001 (Gujarat) "थायी लेखा सं./Pan: Aaaas 1932 N अपीलाथ"/ (Appellant) …… "" यथ"/ (Respondent) Assessee By : Shri Ashish Kanabar, Ar Revenue By : Shri Ashok Natha Bhalekar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 07/08/2024 घोषणा क" तार"ख /Date Of Pronouncement: 9/08/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee As Against The Order Dated 08/07/2019 Passed By The Commissioner Of Income-Tax (Appeals)-3, Vadodara [Hereinafter Referred To As “The Ld.Cit(A)” In Short] Arising Out Of The Penalty Order Dated 27/02/2019 Passed By The Assessing Officer (Ao) Under Section 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Relevant To The Assessment Year (Ay) 2010-11. Swaminarayan Co-Op. Bank Ltd. Vs. Acit Asst. Year : 2010-11

u/s 271(1)(c). 2. No penalty under section 271(1)(c) can be levied when all necessary facts were disclosed and there is no concealment. 3. Notice issued under section 274 r.w.s. 271(1)(c) of the act is not in accordance with law and therefore not sustainable. 4. The amount of interest income net off expenses Rs.1

ASIAN GRANITO INDIA LTD.,AHMEDABAD vs. DY./JT.CIT., (OSD),CIRCLE-1(1)(1), AHMEDABAD

Appeal is allowed

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

271(1)(c) and 271AAA of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Years 2007-08 and 2008-09. 2. ITA Nos. 619/Ahd/2023 for A.Y. 2007-08. The brief facts of the case is that the assessee engaged in the manufacture and sale I.T.A Nos. 619 & 620/Ahd/2023

ASIAN GRANITO INDIA LTD.,AHMEDABAD vs. DY./JT.CIT., (OSD),CIRCLE-1(1)(1), AHMEDABAD

Appeal is allowed

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

271(1)(c) and 271AAA of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Years 2007-08 and 2008-09. 2. ITA Nos. 619/Ahd/2023 for A.Y. 2007-08. The brief facts of the case is that the assessee engaged in the manufacture and sale I.T.A Nos. 619 & 620/Ahd/2023

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2 1 1 , VADODARA, VADODARA vs. UNIMED TECHNOLOGIES LIMITED, PANCHMAHAL

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

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

u/s. 271(1)(c) of the Act, which does not require any interference and also placed on record cancelling penalty levied on account of Foreign exchange loss by the Co-ordinate Bench decisions of this Tribunal in the case of Microsoft Corporation (India) (P.) Ltd. vs. DCIT reported in 8 ITR(T) 58 (Delhi) and in the case of Bella

DCIT, CIRCLE-1(1)(1), AHMEDABAD, AHMEDABAD vs. APRAAVA RENEWABLE ENERGY PVT LTD, AHMEDABAD

In the result, the appeal of the Department is dismissed

Bench: SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER\n& SHRI NARENDRA PRASAD SINHA, ACCOUNTANT MEMBER\nI.T.A. No.1975/Ahd/2024\n(Assessment Year: 2015-16)\nDeputy Commissioner of\nIncome Tax,\nCircle-1(1)(1),\nAhmedabad\nVs.\nApraava Renewable Energy\nPvt. Ltd.,\n7th Floor, Fulcrum, Sahar Road,\nAndheri (East), Sahargaon\nB.O., Sahar P&T Colony, S.O.\nMumbai-400099\n[PAN No.AADCC4393G]\n(Appellant)\n(Respondent)\nAppellant by :\nShri Prathvi Raj Meena, CIT D.R.\nRespondent by:\nShri Dhrunal Bhatt, Shr

58,80,000/- have been deleted by ITAT. The assessee\nalso submitted the copy of order of ITAT before Ld. CIT(A) for his perusal.\nAccordingly, the assessee submitted before Ld. CIT(A) that when the\nquantum additions have been deleted by ITAT, Ahmedabad, then the\nconsequent penalty cannot be levied under Section 271

HAJIMOHMADSAFI ABDULREHMAN SHAIKH,VADODARA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), VADODARA

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

271(1)(c) of the Act even though the quantum appeal had not yet been decided by him. 35. We have heard the rival contentions and perused the material on record. In the interest of justice, we hereby restore the matter to the file of CIT(Appeals) for de-novo consideration and he may take up the appeal

HAJIMOHMADSAFI ABDULREHMAN SHAIKH,VADODARA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), VADODARA

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

271(1)(c) of the Act even though the quantum appeal had not yet been decided by him. 35. We have heard the rival contentions and perused the material on record. In the interest of justice, we hereby restore the matter to the file of CIT(Appeals) for de-novo consideration and he may take up the appeal