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 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

I- SERVE SYSTEM PVT. LTD.,,GANDHINAGAR vs. DY. COMMISSIONER OF INCOME TAX, GANDHINAGAR CIRCLE,, GANDHINAGAR

In the result, the appeal of the assessee is allowed

Bench: Shri P. M. Jagtap & Ms. Suchitra Kamble

section 271(1)(c) of the Act is leviable to be imposed only where the assessee has concealed its particulars of income or furnished inaccurate particulars. Action of making addition on ad–hoc basis does not result into imposition of penalty u/s 271(1)(c) of the Act and hence cannot be termed as either concealment or furnishing of inaccurate

SHRI BALDEVBHAI ATMARAM PATEL,,GANDHINAGAR vs. THE DY.CIT, GANDHINAGAR CIRCLE,, GANDHINAGAR

In the result, assessee’s appeal is allowed

Bench: Shri Pramod Kumar & Ms. Madhumita Roy

section 271(1)(c). I hereby levy the penalty u/s. 271(1)(c) of the income Tax Act. The computation of penalty is as under: (a) Amount of income on which tax is sought to be evaded. Rs. 1,70

DCIT, CIRCLE-1(1)(1),, AHMEDABAD vs. ADANI ENTERPRISES LTD., AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Shri P.M. Jagtap, Vice- & Shri Siddhartha Nautiyalassessment Year : 2009-10 Dcit, M/S. Adani Enterprises Ltd., Circle 1(1)(1), Vs Adani House, Nr. Mithakhali Ahmedabad Six Roads, Navrangpura, Ahmedabad - 380009 Pan : Aabca 2804 L अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Revenue By : Shri Mohd. Usman, Cit-Dr Assessee By : Shri Vartik Choksi, Ar & Shri Biren Shah, Ar सुनवाई क" तार"ख/Date Of Hearing : 11/05/2022 घोषणा क" तार"ख /Date Of Pronouncement: 31/05/2022

Section 271(1)(c) of the Act being 100% of the tax sought to be evaded by the assessee in respect of the following 5 additions / disallowances :- “(1) Transfer Pricing adjustment: The Transfer pricing officer-1 made an addition of Rs.4,51,82,460/- on international transactions of the assessee vide his order dated 23.03.2011. Accordingly, the amount of upward

M/S. GURUPRASAD INFRASTRUCTURE PVT. LTD.,,BARODA vs. THE DCIT, CENTRAL CIRCLE-1,, BARODA

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita Nos. 1658-1659/Ahd/2017 "नधा"रण वष"/Asstt. Years: 2010-2011 & 2011-12 M/S. Guruprasad Infrastructure D.C.I.T, Pvt. Ltd., Vs. Central Circle-1, 9, Shei Ram Nagar, B/H Rto, Baroda. Warasia Colony, Vadodara-390006. Pan: Aadcg6787C

u/s 271(l)c) r.w. Explanation 5A. Thus, I find no reason to interfere with the orders levying penalty passed by the AO. Accordingly, I uphold the penalties levied by the AO as under and consequently dismiss the appeal filed by the appellant; A.Y Penalty upheld A..Y. 2010-11 Rs.67,98,000/- A.Y. 2011-12 Rs.25

SHRI HIMANSHU PRAFULCHANDRA VARIA,,AHMEDABAD vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(2),, AHMEDABAD

u/s. 271(1)(c ) is justified. Hon'ble Supreme Court in the case of Prasanna Dugar v. Commissioner of Income-tax (2016) 70 taxmann.com 175(SC) in its order dated May 1, 2015 decided. " Section 271(1)(c ) , read with section 69 of the Income-tax Act, 1961 - Penalty

THE ACIT, CENTRAL CIRCLE-2(1), AHMEDABAD vs. M/S. DINESHCHANDRA R AGRAWAL INFRACON PVT. LTD., AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedआयकरअपीलसं./Ita No. 85/Ahd/2021 िनधा"रणवष"/Asstt. Year: 2013-14

u/s. 271(1)(c) of the Act. 3. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the penalty as the disclosure of income by assessee is covered under both expressions i.e. concealment of income and furnishing inaccurate particular of income as both expressions ultimately lead to under

DEPUTY COMMISSIONER OF INCOME TAX, VADODARA vs. GUJARAT STATE ELECTRICITY CORPORATION LIMITED, VADODARA

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

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

70,90,100/-. 3. In reply to penalty notice, the assessee submitted that the addition on account of capital grant is a matter pending before ITAT, when assessment has been made on basis of book profit, penalty u/s. 271(1)(c) cannot be levied on the addition made under normal provisions of the Act and relied upon ITAT Mumbai Bench

WORLD TRADE IMPEX LTD.,,BARODA vs. THE ACIT.,CIRCLE-4,, BARODA

In the result, the appeal of the assessee is hereby allowed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmed

u/s 271(1)(c). 38. Being aggrieved by the order of the learned CIT(A), the assessee is in appeal before us. 39. The learned AR before us submitted that the assessee has neither furnished inaccurate particulars of income nor concealed the particulars of income. Therefore, there cannot be levied any penalty under the provisions of section 271

M/S. WORLD TRADE IMPEX LTD.,,BARODA vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX, CIRCLE-5,, BARODA

In the result, the appeal of the assessee is hereby allowed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmed

u/s 271(1)(c). 38. Being aggrieved by the order of the learned CIT(A), the assessee is in appeal before us. 39. The learned AR before us submitted that the assessee has neither furnished inaccurate particulars of income nor concealed the particulars of income. Therefore, there cannot be levied any penalty under the provisions of section 271

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

70,730/-. The assessment was reopened by issuance of notice under section 143(2) and ultimately an assessment order was framed under section 147 r.w. section 143(3) on 28.3.2005 whereby income of the assessee was determined at Rs.1,11,33,930/-. The ld.AO has made addition/disallowance on seven counts. He initiated penalty proceedings by issuance of notice under section

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

70,730/-. The assessment was reopened by issuance of notice under section 143(2) and ultimately an assessment order was framed under section 147 r.w. section 143(3) on 28.3.2005 whereby income of the assessee was determined at Rs.1,11,33,930/-. The ld.AO has made addition/disallowance on seven counts. He initiated penalty proceedings by issuance of notice under section

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

70,730/-. The assessment was reopened by issuance of notice under section 143(2) and ultimately an assessment order was framed under section 147 r.w. section 143(3) on 28.3.2005 whereby income of the assessee was determined at Rs.1,11,33,930/-. The ld.AO has made addition/disallowance on seven counts. He initiated penalty proceedings by issuance of notice under section

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

70,730/-. The assessment was reopened by issuance of notice under section 143(2) and ultimately an assessment order was framed under section 147 r.w. section 143(3) on 28.3.2005 whereby income of the assessee was determined at Rs.1,11,33,930/-. The ld.AO has made addition/disallowance on seven counts. He initiated penalty proceedings by issuance of notice under section

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

70,730/-. The assessment was reopened by issuance of notice under section 143(2) and ultimately an assessment order was framed under section 147 r.w. section 143(3) on 28.3.2005 whereby income of the assessee was determined at Rs.1,11,33,930/-. The ld.AO has made addition/disallowance on seven counts. He initiated penalty proceedings by issuance of notice under section