SRI HARIKUTTAN T,KAYAMKULAM vs. INCOME TAX OFFICER WARD 2, ALLEPPEY

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

Bench: Shri Sanjay Arora, Accountantmemberand Shri Manomohan Das, Judicialmember Harikuttan T. The Income Tax Officer (2) 1, Edayilaveetil Tharayil Aayakar Bhavan Njakkanal P.O., Pathiyoor Vs. Alappuzha Co0Llectorate Kayalmulam 690533 Alappuzha 688011 [Pan:Alrpt7536J] (Appellant) (Respondent) Appellant By: Shri M.S. Venkitachalam, Ca Respondent By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing:08.08.2023 Date Of Pronouncement:03.11.2023 O R D E R Per Sanjay Arora, Am This Is An Appeal By Assessee Challenging The Confirmation Of Penalty Levied Under Section 270A Of The Income Tax Act, 1961 (The Act) For Assessment Year (Ay) 2017-18 Vide Order Dated 17/02/2022, By The First Appellate Authority, Being The Commissioner Of Income Tax, Nfac [Cit(A)] Vide It’S Order Dated 06.07.2022. 2.1 The Brief Background Facts Of The Case Are That The Assessee, A Retired Defence Personnel, Is A Registered Money Lender Under The Kerala Money Lenders Act (Kml Act), Lending Money On Interest Against Mortgage Of Loan. For The Relevant Year He Returned, Besides Pension, Income From This Business At Rs.2,05,691. On Verification, It Was Found By The Assessing Officer (Ao) That The Assessee Was Maintaining Six Bank Accounts, I.E., Three Each With Two Banks, Being South Indian Bank (Sib) & State Bank Of India (Sbi). Transactions With The Former Were Undisclosed. The Reason Explained Was That The Gold Pawned By His Customers With Him For Availing Loan, Was In Turn Mortgaged With This Bank To Source Funds For Further Lending. These

274. (1) No order imposing a penalty under this Chapter shall be made unless the assessee has been heard, or has been given a reasonable opportunity of being heard. (2) No order imposing a penalty under this Chapter shall be made— (a) by the Income-tax Officer, where the penalty exceeds ten thousand rupees; (b) by the Assistant Commissioner

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS), ERNAKULAM vs. ISLAMIC LEARNING MISSION TRUST, KERALA

Appeal is dismissed in above terms

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

2. The Ld. CIT (A) has erred into interpretation of section 11(1)(d) of Income Tax i.e donation should be voluntary and specific directions should be given that they shall form part of corpus of trust. In the instant case the receipts were not specific, hence disallowance made and penalty levied. 3. The Ld. CIT (A) erred

SRI.MOHAMMED SHERIEF,KARUNAGAPPALLY vs. THE ACIT, CENTRAL CIRCLE, KOLLAM

In the result, ITA No. 463/Coch/2016 is allowed and ITA No

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm

274 r.w.s. 271(1)(c) of the Act. In response to the show cause notice the appellant file an explanation. However, the AO had proceeded with the levy of penalty of Rs. 2,08,3326/- vide order dated 28.03.2018 passed u/s. 271(1)(c) of the Act. 15. Being aggrieved, an appeal was filed before the CIT(A), who vide

SRI.MOHAMMED SHERIEF,KARUNAGAPPALLY vs. THE DCIT, KOLLAM

In the result, ITA No. 463/Coch/2016 is allowed and ITA No

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm

274 r.w.s. 271(1)(c) of the Act. In response to the show cause notice the appellant file an explanation. However, the AO had proceeded with the levy of penalty of Rs. 2,08,3326/- vide order dated 28.03.2018 passed u/s. 271(1)(c) of the Act. 15. Being aggrieved, an appeal was filed before the CIT(A), who vide

SMT. AMINA ANVAR,KOLLAM vs. THE DCIT, CIRCLE 1, ALAPPUZHA, ALAPPUZHA

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

Bench: Shri George George K. & Ms. Padmavathy S.Amina Anvar Vs Dcit,Circle -1 Alappuzha City Opticals, Pipson Complex Pada South, Karunagappally Kollam Kerala-690 518 Pan – Agmpa5574B (Appellant) (Respondent) Assessee By: Sri. Rajakannan, Advocate Revenue By: Smt. J.M. Jamuna Devi, Sr. Ar Date Of Hearing: 02.03.2023 Date Of Pronouncement: 09.03.2023 O R D E R Per: George George K., J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Cit(A)/Nfac, Delhi Dated 30.06.2022 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act). The Relevant Assessment Year Is 2016-17. 2. The Solitary Issue That Arises For Our Consideration Is Whether The Ld.Cit(A) Is Justified In Confirming The Imposition Of Penalty U/S. 271(1)(C) Of The I.T.Act Amounting To Rs. 38,669/-.

disallowance u/s. 37 of the I.T.Act to the tune of Rs. 1,50,000/- pertaining to claim of expenses relatable to purchases made. 4. Pursuant to the reassessment order passed u/s. 143(3) r.w.s. 147 of the I.T.Act, 1961, the penalty proceedings were initiated u/s. 271(1)(C) of the Act. Subsequently, the AO/NFAC passed penalty order

JACOB THOMAS,KOZHENCHERRY vs. ACIT, THIRUVALLA RANGE, THIRUVALLA

In the result, appeal filed by the assessee stands partly allowed

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm Assessment Year: 2020-21 Jacob Thomas .......... Appellant 1, Mulamoottil, Kozhencherry 689641 [Pan: Ackpt3269L] Vs. Acit, Ward-1 & Tps, Thiruvalla .......... Respondent Appellant By: Shri Rajakannan, Advocate Respondent By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 20.03.2025 Date Of Pronouncement: 14.05.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)], Dated 27.12.2023 For Assessment Year (Ay) 2020-21. 2. Brief Facts Of The Case Are That The Appellant Is An Individual Deriving Income Under The Head ‘Business’. The Return Of Income For Ay 2020-21 Was Filed On 31.12.2020 Declaring Nil. Against The Said Return Of Income, The Assessment Was Completed By The Acit, Ward -1, Thriuvalla (Hereinafter Called "The Ao") Vide Order Dated 28.09.2022 Passed U/S. 143(3) Of The Income Tax Act, 1961 (The 2 Jacob Thomas Act) At A Total Income Of Rs. 59,34,921/-. While Doing So, The Ao Made Disallowance Of Interest Expenditure Claimed Of Rs. 89,73,412/- U/S. 57 Of The Act. Accordingly, A Show Cause Notice Was Issued U/S. 274 R.W.S 270A Of The Act. The Appellant Had Failed O Respond To The Above Show Cause Notice. In The Circumstances The Ao Had Proceeded With Levy Penalty Of Rs. 57,24,630/- U/S. 270A By Holding That The Appellant Is Guilty Of Misreporting Income.

2 Jacob Thomas Act) at a total income of Rs. 59,34,921/-. While doing so, the AO made disallowance of interest expenditure claimed of Rs. 89,73,412/- u/s. 57 of the Act. Accordingly, a show cause notice was issued u/s. 274 r.w.s 270A of the Act. The appellant had failed o respond to the above show cause notice

M/S.BODYGEAR INTERNATIONAL P. LTD,ERNAKULAM vs. THE DCIT, KOCHI

In the result, the appeal filed by the assessee stands partly allowed

Bench: Shri Inturi Rama Rao & Shri Soundararajan K

2), Kochi (“the AO”) vide order dated 23rd December, 2009 passed u/s.143(3) of the Act assessing the total income at Nil after setting off of brought forward losses of Rs.30,75,833. While doing so, the AO denied the claim for deduction u/s.10B of the Act by holding that the appellant had not made a claim for deduction u/s.10B

SAI EXPORT ENTERPRISES,KOLLAM vs. ITO, WARD 1 & TPS, KOLLAM

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm Assessment Year: 2016-17 Sai Export Enerprises .......... Appellant Mangad P.O., Kollam 691015 [Pan: Absfs2716A] Vs. The Income Tax Officer, Wd-1 & Tpo, Kollam .......... Respondent Appellant By: Shri Rajakannan, Advocate Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 13.06.2025 Date Of Pronouncement: 31.07.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 31.03.2024 For Assessment Year (Ay) 2016-17. 2. Brief Facts Of The Case Are That The Appellant Is A Partnership Firm. It Is Engaged In The Business Of Processing & Export Of Cashew Nuts. The Return Of Income For Ay 2016-17 Was Filed On 17.02.2017 Declaring Income Of Rs. 42,15,670/-. Against The Said Return Of Income, The Assessment Was Completed By The National

274 r.w.s. 271(1)(c) of the Act for furnishing inaccurate particulars of income. In response to the show cause notice the appellant filed explanation stating that mere disallowance of claim does not amount to furnishing of inaccurate particulars of income, therefore, no penalty can be levied. 3. Being aggrieved, an appeal was filed before the CIT(A), who vide

HERCULES AUTOMOBILES INTERNATIONAL PRIVATE LIMITED,THIRUVANANTHAPURAM vs. AO TYPE-W, AAYAKAR BHAWAN, ALLEPPEY

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

Bench: Shri Inturi Rama Rao, Am & Shri Manu Kumar Giri, Jm Assessment Year: 2012-13 Hercules Automobiles International P. Ltd. .......... Appellant Tc No.16/1860, Dpi Road, Thycaud S.O. Chempakassery, Thiruvananthapuram 695014 [Pan: Aabcn2898M] Vs. Dcit, Circle - 1, Alappuzha ......... Respondent Assessee By: Shri Jose Zachariah, Ca Revenue By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 06.11.2025 Date Of Pronouncement: 20.11.2025

2 Hercules Automobiles International P. Ltd. completed by the DCIT, Circle -1,Alappuzha (hereinafter called "the AO") vide order dated 31.12.2014 passed u/s. 143(3) of the Income Tax Act, 1961 (the Act) at a loss of Rs. 3,58,67,310/-. Subsequently, the AO formed an opinion that income escaped assessment to tax. Accordingly, a notice