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. 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

PUNJAB SIND DAIRY PRODUCTS P.LTD,MUMBAI vs. DCIT CEN CIR 33, MUMBAI

In the result, appeal of the assessee in ITA no

Bench: Shri Pawan Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.6246 & 6247/Mum/2017 (नििाारण वर्ा / Assessment Year : 2006-07 & 2007-08) बिाम/ Punjab Sind Dairy Product Acit Central Circle- P. Ltd., 33,Room No. 32(3), Ag-2 Cama Industrial Aayakar Bhavan, V. Estate, Walbhatt Road, Mumbai-400020 Goregaon (W), Mumbai- 400063 स्थायी ऱेखा सं./ Pan: Aadcp5419Q (अपीऱाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri. K.K. Lalkaka (Ar) Revenue By: Shri. D.G Pansari (Dr) सुनवाई की तारीख /Date Of Hearing : 16.01.2019 घोषणा की तारीख /Date Of Pronouncement : 26.03.2019 आदेश / O R D E R Per Ramit Kochar: These Two Appeals, Filed By Assessee, Being Ita No. 6246 & 6247/Mum/2017, Are Directed Against Two Separate Appellate Orders Both Dated 22.08.2017 In Appeal No. Cit(A)-53/Dccc-5(2)/It- 123/2012-13 & Cit(A)-53/Dccc-5(2)/It-124/2012-13 Respectively, Passed By Learned Commissioner Of Income Tax (Appeals)-53, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2006-07 & 2007- 08 Respectively, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Two Separate Penalty Orders Both Dated 29.03.2012 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 271(1)(C)

section 271(1)(c) of the Income Tax Act, 1961. The amount of maximum and minimum penalty that can be levied is calculated as under:- Income Rs. 12,16,214/- 9 I.T.A. No.6246 & 6247/Mum/2017 ought to be evaded Tax Rs. 81,387/- thereon Minimum 100% 81,387/- Penalty Maximum 300% 2,44,161/- Penalty “ 7.2 Thus, while levying penalty u/s

PUNJAB SIND DAIRY PRODUCTS P.LTD,MUMBAI vs. ACIT CEN CIR 33, MUMBAI

In the result, appeal of the assessee in ITA no

Bench: Shri Pawan Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.6246 & 6247/Mum/2017 (नििाारण वर्ा / Assessment Year : 2006-07 & 2007-08) बिाम/ Punjab Sind Dairy Product Acit Central Circle- P. Ltd., 33,Room No. 32(3), Ag-2 Cama Industrial Aayakar Bhavan, V. Estate, Walbhatt Road, Mumbai-400020 Goregaon (W), Mumbai- 400063 स्थायी ऱेखा सं./ Pan: Aadcp5419Q (अपीऱाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri. K.K. Lalkaka (Ar) Revenue By: Shri. D.G Pansari (Dr) सुनवाई की तारीख /Date Of Hearing : 16.01.2019 घोषणा की तारीख /Date Of Pronouncement : 26.03.2019 आदेश / O R D E R Per Ramit Kochar: These Two Appeals, Filed By Assessee, Being Ita No. 6246 & 6247/Mum/2017, Are Directed Against Two Separate Appellate Orders Both Dated 22.08.2017 In Appeal No. Cit(A)-53/Dccc-5(2)/It- 123/2012-13 & Cit(A)-53/Dccc-5(2)/It-124/2012-13 Respectively, Passed By Learned Commissioner Of Income Tax (Appeals)-53, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2006-07 & 2007- 08 Respectively, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Two Separate Penalty Orders Both Dated 29.03.2012 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 271(1)(C)

section 271(1)(c) of the Income Tax Act, 1961. The amount of maximum and minimum penalty that can be levied is calculated as under:- Income Rs. 12,16,214/- 9 I.T.A. No.6246 & 6247/Mum/2017 ought to be evaded Tax Rs. 81,387/- thereon Minimum 100% 81,387/- Penalty Maximum 300% 2,44,161/- Penalty “ 7.2 Thus, while levying penalty u/s

INCOME TAX OFFICER- 23(3)(1), MUMBAI, MUMBAI vs. TISYA JEWELS, MUMBAI

In the result, both the appeals of the Revenue are accordingly partly allowed

Bench: Shri Om Prakash Kant () & Shri Anikesh Banerjee () Assessment Year: 2007-08 & Assessment Year: 2012-13 Income Tax Officer- 23(3)(1), Tisya Jewels Mumbai G-2 Sagar Fortune, 184 525A, 5Th Floor, Piramal Chambers, Vs. Waterfield Road, Bandra West, Parel, Mumbai-400012 Mumbai- 400050 Pan No. Aadft 8056 G Appellant Respondent Assessee By : Mr. Nishit Gandhi A/W Ms. Aadnya Bhandari Revenue By : Mr. Hemanshu Joshi, Cit-Dr

u/s 271(1)(c) of the Act, without appreciating judgment on the decision of Hon'ble Delhi High Court in the case of CIT Vs Atul Kumar Gupta in ITA No. 479/2014, which reinforces the Revenue Authority to impose penalties under section 271(1)(c), in the cases where the assessee fails to provide accurate and satisfactory explanations for discrepancies

INCOME TAX OFFICIER- 23(3)(1), MUMBAI, MUMBAI vs. TISYA JEWELS, MUMBAI

In the result, both the appeals of the Revenue are accordingly partly allowed

Bench: Shri Om Prakash Kant () & Shri Anikesh Banerjee () Assessment Year: 2007-08 & Assessment Year: 2012-13 Income Tax Officer- 23(3)(1), Tisya Jewels Mumbai G-2 Sagar Fortune, 184 525A, 5Th Floor, Piramal Chambers, Vs. Waterfield Road, Bandra West, Parel, Mumbai-400012 Mumbai- 400050 Pan No. Aadft 8056 G Appellant Respondent Assessee By : Mr. Nishit Gandhi A/W Ms. Aadnya Bhandari Revenue By : Mr. Hemanshu Joshi, Cit-Dr

u/s 271(1)(c) of the Act, without appreciating judgment on the decision of Hon'ble Delhi High Court in the case of CIT Vs Atul Kumar Gupta in ITA No. 479/2014, which reinforces the Revenue Authority to impose penalties under section 271(1)(c), in the cases where the assessee fails to provide accurate and satisfactory explanations for discrepancies

ACIT CEN CIR 34, MUMBAI vs. JAY FAB, MUMBAI

In the result, all appeals of the revenue are dismissed

section 271(1)(c) while levying penalty u/s, 271(1)(c) of the Income-tax Act, 1961 therefore this contention of the appellant is rejected. 1.15 The appellant further submitted that the ratio laid down by the Hon'ble Supreme Court in the case of CIT vs. Sureshchandra Mittal 251 ITR 9, affirmed the decision of the Hon'ble Madhya

ACIT CC 34, MUMBAI vs. JAY FAB, MUMBAI

In the result, all appeals of the revenue are dismissed

section 271(1)(c) while levying penalty u/s, 271(1)(c) of the Income-tax Act, 1961 therefore this contention of the appellant is rejected. 1.15 The appellant further submitted that the ratio laid down by the Hon'ble Supreme Court in the case of CIT vs. Sureshchandra Mittal 251 ITR 9, affirmed the decision of the Hon'ble Madhya

ACIT CEN CIR 34, MUMBAI vs. JATIN J.SHAH, MUMBAI

In the result, all appeals of the revenue are dismissed

section 271(1)(c) while levying penalty u/s, 271(1)(c) of the Income-tax Act, 1961 therefore this contention of the appellant is rejected. 1.15 The appellant further submitted that the ratio laid down by the Hon'ble Supreme Court in the case of CIT vs. Sureshchandra Mittal 251 ITR 9, affirmed the decision of the Hon'ble Madhya

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

penalty cancelled u/s 271(1)(c) of\nthe Act and particularly in view of clause of sub-section 2 of section\n270 of the Act as in the case of the assessee, the Assessing Officer\nhas made disallowance out of cash expenses and no books of\naccounts have been rejected invoking section 145

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

penalty cancelled u/s 271(1)(c) of\nthe Act and particularly in view of clause of sub-section 2 of section\n270 of the Act as in the case of the assessee, the Assessing Officer\nhas made disallowance out of cash expenses and no books of\naccounts have been rejected invoking section 145

SHORELINE HOTEL LTD.,MUMBAI vs. DY CIT CC-1(2), MUMBAI

In the result, appeal is allowed

145(3) of the Act and only profit element embedded in the bogus purchases has to be taxed and restricted the addition to the extent of 17% of the purchases. The assessee has submitted the explanations referred at Para 2.2 of the penalty order. Whereas, the A.O has dealt on the findings of the scrutiny assessment

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

penalty cancelled u/s 271(1)(c) of\nthe Act and particularly in view of clause of sub-section 2 of section\n270 of the Act as in the case of the assessee, the Assessing Officer\nhas made disallowance out of cash expenses and no books of\naccounts have been rejected invoking section 145

NAVEEN KUMAR, I.T.O.-19(1)(1), MUMBAI vs. ASHOK INDUSTRIAL CORPORATION, MUMBAI

Bench: SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

u/s. 271(1)(c) of the IT Act of Rs. 1,44,633/-, ignoring the fact that upon invoking provisions of section 271(1) (c), there is no further onus on the AO to establish mens rea and it for the assessee to satisfactorily discharge the onus of proving the bonafide with regard to claim expenses, as is held

DCIT 10(2)(2), MUMBAI vs. MARKSANS PHARMA LTD, MUMBAI

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year: 2006-07 Dcit-10(2)(2), M/S Marksans Pharma Room No.216-A, Limited, बनाम/ Aayakar Bhavan, 11Th Floor, Grandeur Veer Vs. M.K. Road, Desai, Extension Road, Mumbai-400020 Andehri (West), Mumbai-400053 (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No.Aaact3153G C.O. No.102/Mum/2018 (Arising Out Of Ita No.7278/Mum/2016 ) Assessment Year: 2006-07 M/S Marksans Pharma Dcit-10(2)(2), Limited, Room No.216-A, बनाम/ 11Th Floor, Grandeur Veer Aayakar Bhavan, Vs. Desai, Extension Road, M.K. Road, Andehri (West), Mumbai-400020 Mumbai-400053 ("नधा"रती /Assessee) (राज"व /Revenue) P.A. No.Aaecm6057A

section 271(1)(c), levied the penalty on these disallowances. Even the Ld. CIT(A) too has confirmed the levy of penalty on the aforesaid disallowance, firstly on the ground that assessee has failed to discharge its onus during the course of assessment proceedings as well as during the course of penalty proceedings; secondly the assessee has failed to comply

TRIG DETECTIVES PVT LTD,MUMBAI vs. DCIT -CENTRAL CIRCLE -1(2), MUMBAI

In the result, the appeals filed by the assessee bearing ITA Nos

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankar

penalty cancelled u/s 271(1)(c) of the Act and particularly in view of clause of sub-section 2 of section 270 of the Act as in the case of the assessee, the Assessing Officer has made disallowance out of cash expenses and no books of accounts have been rejected invoking section 145

TRIG DETECTIVES PVT LTD,MUMBAI vs. DCIT-CENTRAL CIRCLE 1(2), MUMBAI

In the result, the appeals filed by the assessee bearing ITA Nos

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankar

penalty cancelled u/s 271(1)(c) of the Act and particularly in view of clause of sub-section 2 of section 270 of the Act as in the case of the assessee, the Assessing Officer has made disallowance out of cash expenses and no books of accounts have been rejected invoking section 145

TRIG DETECTIVES PVT LTD,MUMBAI vs. DCIT-CENTRAL CIRCLE 1(2), MUMBAI

In the result, the appeals filed by the assessee bearing ITA Nos

Bench: Shri Anikesh Banerjee & Shri Prabhash Shankar

penalty cancelled u/s 271(1)(c) of the Act and particularly in view of clause of sub-section 2 of section 270 of the Act as in the case of the assessee, the Assessing Officer has made disallowance out of cash expenses and no books of accounts have been rejected invoking section 145