ARTI SHAILEN TOPIWALA,ANDHERI WEST, MUMBAI vs. ITO, WARD 34(1)(1), MUMBAI, BKC, BANDRA EAST, MUMBAI

In the result both the appeals of the assessee are allowed for In the result both the appeals of the assessee are allowed for In the result both the appeals of the assessee are allowed for statisti...

Bench: Shri Sandeep Gosain () & Om Prakash Kant () Ita No. 4383 & 4384/Mum/2025 Assessment Year: 2013-14 Arti Shailen Topiwala Ito, Ward 34(1)(1), Mumbai B-701, Parimal Apartment, C.D. Income Tax Appellate Barfiwala Road, Andheri West, Vs. Tribunal, Mumbai- 400058 Mumbai- 400020 Pan No. Aacpt 3505 D Appellant Respondent

142(1) dated 13.10.2015, the learned Assessing Officer issued a show Officer issued a show-cause notice under section 271(1)(b) of the cause notice under section 271(1)(b) of the Act on 18.01.2016, which was duly served. As there was no 18.01.2016, which was duly served. As there was no 18.01.2016, which was duly served. As there

SWARAN NADHAN SALARIA,MUMBAI vs. DCIT, CENTRAL CIRCLE 1(2), MUMBAI

In the result all appeals of the assesses from AY 2014-15 to AY\n2020-21 are partly allowed

271(1)(c) of the Act, but being pari-materia,\nis applicable over the facts of this case also. However, we do not\nagree with the contention of the Ld. Counsel for the assessee for the\nreason that penalty is levied on charge of undisclosed income\ndefined under the said section and rate of the penalty depends on\nthe other

SWARAN NADHAN SALARIA,MUMBAI vs. DICT CENTRAL CIRCLE 1(2), MUMBAI

In the result all In the result all appeals of the assesses from AY 2014

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

section 271(1)(c) of the Act are fulfilled. In view of the above, the penalty in respect of interest and the excess the penalty in respect of interest and the excess the penalty in respect of interest and the excess depreciation is also cancelled cancelled. The relevant grounds of the appeal of The relevant grounds of the appeal

SWARAN NADHAN SALARIA,MUMBAI vs. DCIT CENTRAL CIRCLE 1(2), MUMBAI

In the result all In the result all appeals of the assesses from AY 2014

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

section 271(1)(c) of the Act are fulfilled. In view of the above, the penalty in respect of interest and the excess the penalty in respect of interest and the excess the penalty in respect of interest and the excess depreciation is also cancelled cancelled. The relevant grounds of the appeal of The relevant grounds of the appeal

SWARAN NADHAN SALARIA,MUMBAI vs. DCIT CENTRAL CIRCLE 1(2), MUMBAI

In the result all In the result all appeals of the assesses from AY 2014

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

section 271(1)(c) of the Act are fulfilled. In view of the above, the penalty in respect of interest and the excess the penalty in respect of interest and the excess the penalty in respect of interest and the excess depreciation is also cancelled cancelled. The relevant grounds of the appeal of The relevant grounds of the appeal

SWARAN NADHAN SALARIA,MUMBAI vs. DCIT CENTRAL CIRCLE 1(2), MUMBAI

In the result all In the result all appeals of the assesses from AY 2014

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

section 271(1)(c) of the Act are fulfilled. In view of the above, the penalty in respect of interest and the excess the penalty in respect of interest and the excess the penalty in respect of interest and the excess depreciation is also cancelled cancelled. The relevant grounds of the appeal of The relevant grounds of the appeal

SWARAN NADHAN SALARIA,MUMBAI vs. DCIT CENTRAL CIRCLE 1(2), MUMBAI

1) of the Act on 28.11.2014\ndeclaring total income at Rs.1,80,57,280/-. The return of income\nwas selected for scrutiny and the assessment u/s 143(3) of the\nIncome-tax Act, 1961 (in short ‘the Act') was completed on\n28.12.2016 determining total income at Rs.2,12,77,280/-.\nSubsequently, in view of search and seizure action u/s

SWARAN NADHAN SALARIA,MUMBAI vs. DCIT, CENTRAL CIRCLE 1(2), MUMBAI

In the result all appeals of the assesses from AY 2014-15 to AY\n2020-21 are partly allowed

271(1)(c) of the Act, but being pari-materia,\nis applicable over the facts of this case also. However, we do not\nagree with the contention of the Ld. Counsel for the assessee for the\nreason that penalty is levied on charge of undisclosed income\ndefined under the said section and rate of the penalty depends on\nthe other

ILA JITENDRA MEHTA,MUMBAI vs. DCIT CENTRAL CIRCLE 8(4), MUMBAI

In the result, the appeal of the Assessee is allowed

Bench: Shri Narender Kumar Choudhry & Smt Renu Jauhriassessment Year: 2014-15

penalty under section 271(1)(c) of the Act. In connection to that, under the instructions of our above mentioned Assessee and on his behalf, we state and submit as follows: 1. Before dealing with the grounds on which the present proceedings were initiated we would like to state the relevant facts, in brief, for a better understanding

VINEET THAKAR,NAVI MUMBAI vs. ITO(41)(4)(4), MUMBAI

In the result, appeal of the assessee is partly allowed

Bench: Shri Saktijit Dey & Shri Prabhash Shankar

142(1) on several occasions. However, the assessee did not make any compliance leading to framing of ex parte assessment order u/s 144 of the Act. As per the penalty order, the assessee did not file the return even in response to the notice u/s 148 of the Act. Even penalty notices remained non complied. The reasons attributed

DCIT, CENTRAL CIRCLE - 7(1), MUMBAI , MUMBAI vs. TRIUMPH SECURITIES LTD, MUMBAI

In the result, the appeal of the revenue bearing ITA No

penalty proceedings u/s.\n271(1)(c) of the Act. It would be useful to reproduce the contents of the said notice as under:\n\"NOTICE UNDER SECTION 274 READ WITH SECTION 271 OF THE INCOME TAX АСТ, 1961,\nPAN: AAACT2152P\nOffice of the\nAsst. Commissioner of Income-tax,\nCentral Circle 40, Room no 653\nAayakar Bhavan, 6th Floor\nM.K. Road

ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE-3(4), MUMBAI, MUMBAI vs. RELIANCE INDUSTRIES LIMITED, MUMBAI

Accordingly.\n7. To sum-up, these Revenue's twin appeals ITA.Nos.1875 & 1872/Mum./2024 and assessee's cross objections C.O.Nos.88 & 89/MUM./2024 are dismissed in above terms

u/s 271(1)(c) of the Act ought to be deleted, since the appellant is assessed to tax under MAT provisions and the penalty has been levied with reference to additions / disallowances made under the normal provisions of the Act.\n4.1 As per the order of the AO dated 05.02.2021 giving effect to the order of the Hon'ble ITAT

SHYAM KUMAR SADASHIVAN PILLAI,MUMBAI vs. INCOME TAX OFFICER, CIRCLE 27(3)(1), NAVI MUMBAI

In the result, the appeal is allowed

Bench: Ms Padmavathy S, Am & Shri Raj Kumar Chauhan, Jm

Section 271(1)(b) is to ensure that the assessee has to comply with the notices issued u/s 142(1). Penalty

GENERAL ELECTRIC INTERNATIONAL INC.,GURGAON vs. DCIT, INTERNATIONAL TAXATION CIRCLE 2(3)(2), MUMBAI

Bench: SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

penalty u/s 271(1)(c) of the Act on account on furnishing of inaccurate particulars of income. b) The Appellant has provided bona fide explanation/reasonable cause in respect of additional income of INR 1,95,86,904 which has been suo moto offered to tax. c) The Appellant has provided bona fide explanation/reasonable cause in respect of 2 taxability

UNICORN INFOSERVICES PRIVATE LIMITED,MUMBAI vs. NATIONAL FACELESS APPEALS CENTRE, NEW DELHI

In the result, the regular ground raised by the

Bench: Shri Om Prakash Kant () & Shri Narender Kumar Choudhry () Assessment Year: 2011-12

271(1) of the Act if the assessee fails to submit return of income fails to submit return of income u/s 139 of the Act u/s 139 of the Act without reasonable cause within the period prescribed u/s 153(1) of the Act within the period prescribed u/s 153(1) of the Act within the period prescribed u/s 153(1

M/S SANGEETA RUSHIKESH DOIPHODE,MUMBAI vs. INCOME TAX OFFICER-15(3)(1), MUMBAI

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

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2016-17 Smt. Sangeeta Rushikesh Ito-15(3)(1), Doiphode, Room No. 456, 4Th Floor, 8/158, Navrang Society, Vs. Aayakar Bhavan, M.K. Road, Chaitanya Nagar, Mumbai, Mumbai-400020. Santacruz (East) S.O. 400055. Pan No. Achpd 5219 R Appellant Respondent

142(1) dated 08.02.2022. and committed default u/s. 08.02.2022. and committed default u/s. 271(1)b) of the I.T. Act, 1961 on 271(1)b) of the I.T. Act, 1961 on one occasion. I, therefore, levy penalty u/s. 271(1)(b) of the Income Tax one occasion. I, therefore, levy penalty u/s. 271(1)(b) of the Income

ANJIS DEVELOPERS PRIVATE LIMITED,MUMBAI vs. PRINCIPLE CIT-5,MUMBAI, MUMBAI

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

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2017-18 Anjis Developers Private Limited, Pcit-5, 2Nd Floor, Soham Apartments, Room No. 515, 5Th Floor, 208, Walkeshwar Road, Teen Vs. Aayakar Bhavan, Mk. Batti, Road, Mumbai-400006. Mumbai-400020. Pan No. Aaaca 6022 H Appellant Respondent : Assessee By S. Sriram/Dinesh Kukreja/Ssnyaknavedie Revenue By : Shri Chetan Kacha, Dr : Date Of Hearing 25/11/2022 Date Of Pronouncement : 20/02/2023

u/s 271(1)(c) of the Act has rendered, t of the Act has rendered, the assessment order erroneous in so far he assessment order erroneous in so far Anjis Developers Pvt. Ltd. 7 AY 2017-18 as prejudicial to the interest of the Rev as prejudicial to the interest of the Revenue. The relevant finding of enue. The relevant

NILOFAR JALAL LAKHAN ,MUMBAI vs. NATIONAL FACELESS ASSELLMENT CENTRE 2 (1) DELHI, DELHI

In the result, appeal of the assessee is allowed

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2012-13 Nilofar Jalal Lakhan, National Faceless Assessment Crescent Bay, Tower 6, Flat No. Centre Dcit 2(1), Delhi. 3904, Jerbai Wadia Road, Vs. Bhoiwada, Parel, Mumbai-400012. Pan No. Afvpj 9774 L Appellant Respondent : Assessee By Mr. V.C. Shah, Ar Revenue By : Mr. Chetan M. Kacha, Dr : Date Of Hearing 21/11/2022 : Date Of Pronouncement 25/11/2022

142(3). Section 273B of the Income 273B of the Income-tax Act provides that, inter alia, tax Act provides that, inter alia, penalty under section 271(1)(b) need not be imposed, if it penalty under section 271(1)(b) need not be imposed, if it penalty under section 271(1)(b) need not be imposed