NEETABEN PATEL,VADODARA vs. ITO, WARD-1(2)(2), VADODARA

In the result, the appeals filed by the Assessee are hereby allowed

reassessment order thereby the penalty levied u/s. 271D and 271E are bad in law and relied upon various case laws. Perusal of the penalty order makes it clear, the assessee was issued with a show cause notice dated 04-07-2019 as to why not impose penalty u/s. 271D and 271E for contravening the provisions of Section

NEETABEN PATEL,VADODARA vs. ITO, WARD-1(2)(2), VADODARA

In the result, the appeals filed by the Assessee are hereby allowed

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

reassessment order thereby the penalty levied u/s. 271D and 271E are bad in law and relied upon various case laws. Perusal of the penalty order makes it clear, the assessee was issued with a show cause notice dated 04-07-2019 as to why not impose penalty u/s. 271D and 271E for contravening the provisions of Section

THE ITO, WARD 8(4),, AHMEDABAD vs. VARIJ BUILDERS PVT. LTD.,, AHMEDABAD

In the result, assessee’s appeal is allowed; whereas the appeal of the Revenue is dismissed

Bench: Ms.Annapurna Gupta, Accountant Memeber & T.R. Senthil Kumarassessment Year : 2008-09 Varij Builders P.Ltd. Ito, Ward-8(4) 2, Sejal House Vs Ahmedabad. Nr. Maninagar Railway Station Maninagar Ahmedabad 380 008. Pan : Aaccv5656Q Assessment Year : 2008-09 Ito, Ward-8(4) Varij Builders P.Ltd. Ahmedabad. Vs 2, Sejal House Nr. Maninagar Railway Station Maninagar Ahmedabad 380 008 अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Ms.Nupur Shah, Ar & Shri Dhiren Shah, Ar Revenue By : Shri Rameshkumar L. Sadhu, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 09/02/2022 घोषणा क" तार"ख /Date Of Pronouncement: 16/02/2022 आदेश/O R D E R Per T.R. Senthil Kumar: These Are Cross Appeals One Filed By The Assessee In Ita No.1915/Ahd/2013 & Another Filed By The Revenue In Ita No.2008/Ahd/2013 Against Order Dated 9.5.2013 Passed By The Ld.Commissioner Of Income-Tax (Appeals)-Xiv, Ahmedabad [In Short Referred As “Ld.Cit(A)”] Relating To The Assessment Year 2008-09. Ita No.1915 & 2008/Ahd/2013 2 2. Original Grounds Of Appeal Raised By The Assessee Are As Follows: “1. The Ld. Cit(A) Has Erred In Law & On Facts In Confirming The Addition Of Unexplained Cash Credit U/S.68 Of The Act Of Rs.92,00,000/- On Account Of Share Application Money Received In Cash.

sections 271(1)(c) and 271E of the Act. 4. Aggrieved against the assessment order, the assessee preferred an appeal before the Commissioner of Income-tax (Appeals)-14, Ahmedabad [herein after referred as “Ld.CIT(A)”] wherein by a detailed order confirmed addition of Rs.92 lakhs on account of share application received in cash and deleted addition of Rs.1.75 crores received

VARIJ BUILDERS PVT. LTD.,,AHMEDABAD vs. THE INCOME TAX OFFICER,. WARD-8(4), AHMEDABAD

In the result, assessee’s appeal is allowed; whereas the appeal of the Revenue is dismissed

Bench: Ms.Annapurna Gupta, Accountant Memeber & T.R. Senthil Kumarassessment Year : 2008-09 Varij Builders P.Ltd. Ito, Ward-8(4) 2, Sejal House Vs Ahmedabad. Nr. Maninagar Railway Station Maninagar Ahmedabad 380 008. Pan : Aaccv5656Q Assessment Year : 2008-09 Ito, Ward-8(4) Varij Builders P.Ltd. Ahmedabad. Vs 2, Sejal House Nr. Maninagar Railway Station Maninagar Ahmedabad 380 008 अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Ms.Nupur Shah, Ar & Shri Dhiren Shah, Ar Revenue By : Shri Rameshkumar L. Sadhu, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 09/02/2022 घोषणा क" तार"ख /Date Of Pronouncement: 16/02/2022 आदेश/O R D E R Per T.R. Senthil Kumar: These Are Cross Appeals One Filed By The Assessee In Ita No.1915/Ahd/2013 & Another Filed By The Revenue In Ita No.2008/Ahd/2013 Against Order Dated 9.5.2013 Passed By The Ld.Commissioner Of Income-Tax (Appeals)-Xiv, Ahmedabad [In Short Referred As “Ld.Cit(A)”] Relating To The Assessment Year 2008-09. Ita No.1915 & 2008/Ahd/2013 2 2. Original Grounds Of Appeal Raised By The Assessee Are As Follows: “1. The Ld. Cit(A) Has Erred In Law & On Facts In Confirming The Addition Of Unexplained Cash Credit U/S.68 Of The Act Of Rs.92,00,000/- On Account Of Share Application Money Received In Cash.

sections 271(1)(c) and 271E of the Act. 4. Aggrieved against the assessment order, the assessee preferred an appeal before the Commissioner of Income-tax (Appeals)-14, Ahmedabad [herein after referred as “Ld.CIT(A)”] wherein by a detailed order confirmed addition of Rs.92 lakhs on account of share application received in cash and deleted addition of Rs.1.75 crores received

THE DY. COMMISSIONER OF INCOME TAX CIRCLE-2(1)(2),, AHMEDABAD vs. M/S. KUNJ INFRASTRUCTURE PVT. LTD.,, AHMEDABAD

In the result, the appeals of the Revenue stand dismissed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.1809-1810/Ahd/2017 आयकर अपील सं./Ita No.2854/Ahd/2016 With C.O. 13/Ahd/2019 "नधा"रण वष"/Asstt. Year: 2008-2009 D.C.I.T, M/S.Kunj Infrastructure Pvt. Ltd., 4Th Floor, Zodiac Plaza, Cirle-2(1)(2), Vs. Ahmedabad. St. Xaviers Corner, Navrangpura, Ahmedabad-380009. Pan: Aadck1900D

reassessment.” ITA nos1809-1810 &.2854/Ahd/2017 CO No.13/Ahd/2019 Asstt. Year 2008-09 10 11.4 The provision of section 292-BB of the Act nowhere talks about the issuance of notice. Thus, where the statutory notice has not been issued by the income tax authorities, then the question of acquiring the jurisdiction in the proceedings initiated under section

ACIT, CIRCLE-2(1)(2),, AHMEDABAD vs. M/S. KUNJ INFRASTRUCTURE PVT. LTD.,, AHMEDABAD

In the result, the appeals of the Revenue stand dismissed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.1809-1810/Ahd/2017 आयकर अपील सं./Ita No.2854/Ahd/2016 With C.O. 13/Ahd/2019 "नधा"रण वष"/Asstt. Year: 2008-2009 D.C.I.T, M/S.Kunj Infrastructure Pvt. Ltd., 4Th Floor, Zodiac Plaza, Cirle-2(1)(2), Vs. Ahmedabad. St. Xaviers Corner, Navrangpura, Ahmedabad-380009. Pan: Aadck1900D

reassessment.” ITA nos1809-1810 &.2854/Ahd/2017 CO No.13/Ahd/2019 Asstt. Year 2008-09 10 11.4 The provision of section 292-BB of the Act nowhere talks about the issuance of notice. Thus, where the statutory notice has not been issued by the income tax authorities, then the question of acquiring the jurisdiction in the proceedings initiated under section

ACIT, CIRCLE-2(1)(2),, AHMEDABAD vs. M/S. KUNJ INFRASTRUCTURE PVT. LTD.,, AHMEDABAD

In the result, the appeals of the Revenue stand dismissed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.1809-1810/Ahd/2017 आयकर अपील सं./Ita No.2854/Ahd/2016 With C.O. 13/Ahd/2019 "नधा"रण वष"/Asstt. Year: 2008-2009 D.C.I.T, M/S.Kunj Infrastructure Pvt. Ltd., 4Th Floor, Zodiac Plaza, Cirle-2(1)(2), Vs. Ahmedabad. St. Xaviers Corner, Navrangpura, Ahmedabad-380009. Pan: Aadck1900D

reassessment.” ITA nos1809-1810 &.2854/Ahd/2017 CO No.13/Ahd/2019 Asstt. Year 2008-09 10 11.4 The provision of section 292-BB of the Act nowhere talks about the issuance of notice. Thus, where the statutory notice has not been issued by the income tax authorities, then the question of acquiring the jurisdiction in the proceedings initiated under section