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

271 of the IT Act. In the notice, the AO has scored off the phrase \"have concealed the particulars of your income\" and the charge intimated for initiation of penalty was \"for furnishing of inaccurate particulars of such income\". In subsequent notices, reference was made to notice dated 10.11.2020. In the subsequent notices, it was specifically mentioned that why order

PREMJI BHURLAL GALA ,MUMBAI vs. ADDL CIT RANG 24(1), MUMBAI

In the result, Assessee’s appeal is allowed

Bench: Shri Narender Kumar Choudhry & Shri Bijayananda Prusethassessment Year: 2016-17 Premji Bhurlal Gala Addl. Cit Range 24(1), B-301, Water Ford, Cd Mumbai Barfiwala Road Juhu Fally Kautilya Bhavan, C-41 To C- Vs. Andheri West, Mumbai - 43, G Block, Bandra Kurla 400058 Complex, Bandra (E) Mumbai – 400051 (Appellant) (Respondent) Present For: Assessee By : Shri Vinod Kumar Bindal & Satish Kumar, Ld. A. Rs. Revenue By : Shri Virabhadra Mahajan, Sr. D.R. Date Of Hearing : 09.12.2025 Date Of Pronouncement : 28.01.2026 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 23.09.2025, Impugned Herein, Passed By The Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2016-17. 2. In The Instant Case, The Case Of The Assessee Was Reopened Under Section 147 Of The Act, On The Basis Of Search & Survey Action Under Section 132 Of The Act Carried Out In The Case Of M/S. Evergreen Enterprises, Wherein The Statement Of The Partner In M/S. Evergreen Enterprises, Mr. Nilesh Bharani Was Recorded Under Section 132(4) Of The Act, Unearthing An Undisclosed Activity, 2 Premji Bhurlal Gala

271 (D) of the Act and by following the aforesaid judgment in the case of Ravi Nirman Nigam Ltd. (supra) deleted the identical penalty by observing and holding as under: “28. We find an identical issue had come up before the Mumbai Bench of the Tribunal in the case of Ravi Nirman Nigam Ltd. vs. ACIT (supra) where the Tribunal

AJAY MULTI PROJECTS PRIVATE LIMITED,MUMBAI vs. DCIT, CIRCLE 4(1)(1), MUMBAI, AAYKAR BHAWAN, MUMBAI

In the result, the appeal of the assessee is allowed

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2016-17 Ajay Multi Projects Pvt. Ltd., Dcit, Circle-4(1)(1), 2Nd Floor, C.J. House, 285 Aayakar Bhavan, Vs. Princess Street, Marine Lines, Mumbai-400020. Mumbai-400002. Pan No. Aadca 0338 H Appellant Respondent

section 148A have not been followed and as a result, the reassessment proceedings are bad in law. as a result, the reassessment proceedings are bad in law. as a result, the reassessment proceedings are bad in law. The sanction u/s 151 is bad in law and as a result, the The sanction u/s 151

SHIVRAM S SHETTY ,MUMBAI vs. INCOME TAX OFFICER WARD 2(1), MUMBAI

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

penalty notice dated 30th March, 2022 issued under section\n274 read with 271(1)(c) of the Act for AY 2015-16.”\n13. From the above observation, it is evident that though the Joint/Additional\nCommissioner of Income Tax has recommended for reopening of the assessment to the\nLd. PCIT for his approval, the Hon'ble High Court held that

SHIVRAM S SHETTY,MUMBAI vs. INCOME TAX OFFICER WARD 2(1), THANE

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

penalty notice dated 30th March, 2022 issued under section\n274 read with 271(1)(c) of the Act for AY 2015-16.”\n13. From the above observation, it is evident that though the Joint/Additional\nCommissioner of Income Tax has recommended for reopening of the assessment to the\nLd. PCIT for his approval, the Hon'ble High Court held that

M/S MUMBADEVI VEYHICLES,MUMBAI vs. ITO WARD 41(4)(2), MUMBAI

In the result the appeal of the assessee is allowed

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokarm/S. Mumbadevi Ito Ward 41(4)(2), Veyhicles Room No. 854B, 8Th Shop No. 18, Suyash Vs. Floor, Kautilya Shopping Centre, Nnp, A. Bhavan, Bkc, K. Vaidya Marg, Goregaon Bandra (East), (E), Mumbai-400 065 Mumbai-400 051 Pan/Gir No. Aaofm0851F (Applicant) (Respondent) Assessee By Ms. Dinkle Hariya & Ms. Sruti Kalyanikar, Ld. Ars Revenue By Shri Annavaram Kosuri, Ld. Dr Date Of Hearing 19.02.2026 Date Of Pronouncement 24.02.2026

151 of the Act. In response to the said notice, the assessee filed its return of income on 30.04.2021 declaring total income of Rs. 40,50,371/-. 3. Subsequently, notice under section 143(2) was issued. The proceedings were thereafter transferred to the Faceless Assessment Scheme and notices under section 142(1) were issued calling for details such as nature

DEVANG AJIT JHAVERI,MUMBAI vs. JCIT, RANGE 17(1), MUMBAI

In the result, appeal of the Revenue is dismissed on aforesaid terms

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

271 D for violating the provisions of Section 269 SS as discussed above." 12. The predecessor bench of this Court in the aforesaid judgments has held that where the AO has initiated the penalty taken as the relevant date as far as the section 275(1)(c) of the Act is concerned. In these cases, the quantum proceedings were completed

ASST.COMMISSIONER OF INCOME TAX, BANDRA KURLA COMPLEX MUMBAI vs. DEVANG AJIT JAVERI , MUMBAI

In the result, appeal of the Revenue is dismissed on aforesaid terms

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

271 D for violating the provisions of Section 269 SS as discussed above." 12. The predecessor bench of this Court in the aforesaid judgments has held that where the AO has initiated the penalty taken as the relevant date as far as the section 275(1)(c) of the Act is concerned. In these cases, the quantum proceedings were completed

KRISHNA FASHION WORLD,CHEMBUR, MUMBAI vs. ITO, MUMBAI

In the result, all the four appeals are hereby dismissed

Bench: Shri Anikesh Banerjee & Smt. Renu Jauhriआयकर अपील सुं./Ita No. 3270 To 3273/Mum/2024 (नििाारण वर्ा / Assessment Year: 2010-11 To 2013-14) M/S. Krishna Fashion V/S. Income Tax Officer World बिाम Income Tax Officer, Ward 803/804, T-6, Godrej 22(2)(1), Room No. 312, Prime Colony, Sahakar Piramal Chambers, Lalbaug Nagar No.2, Shell Colony, 400012 Chembur, Mumbai 400071 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aajfk2799R Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: None राजस्व की ओर से /Revenue By: Shri Ritesh Misra, Cit Dr A/W Shri Hemanshu Joshi, Sr Dr स िवाई की िारीख / Date Of Hearing 10.07.2025 घोर्णा की िारीख/Date Of Pronouncement 22.07.2025

penalty proceedings u/s. 271(1)(C), 271(1)(b) and u/s 271(F) while framing assessment and passing order dated 31.03 2015 under section 143(3) of the I.T. Act, 1961. The Appellant craves leave to add, amend, alter, modify and delete any of the above ground.” Ground no 1: Illegal assumption of jurisdiction. a) In the facts and circumstances

KRISHNA FASHION WORLD,CHEMBUR, MUMBAI vs. ITO, MUMBAI

In the result, all the four appeals are hereby dismissed

Bench: Shri Anikesh Banerjee & Smt. Renu Jauhriआयकर अपील सुं./Ita No. 3270 To 3273/Mum/2024 (नििाारण वर्ा / Assessment Year: 2010-11 To 2013-14) M/S. Krishna Fashion V/S. Income Tax Officer World बिाम Income Tax Officer, Ward 803/804, T-6, Godrej 22(2)(1), Room No. 312, Prime Colony, Sahakar Piramal Chambers, Lalbaug Nagar No.2, Shell Colony, 400012 Chembur, Mumbai 400071 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aajfk2799R Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: None राजस्व की ओर से /Revenue By: Shri Ritesh Misra, Cit Dr A/W Shri Hemanshu Joshi, Sr Dr स िवाई की िारीख / Date Of Hearing 10.07.2025 घोर्णा की िारीख/Date Of Pronouncement 22.07.2025

penalty proceedings u/s. 271(1)(C), 271(1)(b) and u/s 271(F) while framing assessment and passing order dated 31.03 2015 under section 143(3) of the I.T. Act, 1961. The Appellant craves leave to add, amend, alter, modify and delete any of the above ground.” Ground no 1: Illegal assumption of jurisdiction. a) In the facts and circumstances

MS. KRISHNA FASHION WORLD,CHEMBUR vs. INCOME TAX OFFICER, MUMBAI

In the result, all the four appeals are hereby dismissed

Bench: Shri Anikesh Banerjee & Smt. Renu Jauhriआयकर अपील सुं./Ita No. 3270 To 3273/Mum/2024 (नििाारण वर्ा / Assessment Year: 2010-11 To 2013-14) M/S. Krishna Fashion V/S. Income Tax Officer World बिाम Income Tax Officer, Ward 803/804, T-6, Godrej 22(2)(1), Room No. 312, Prime Colony, Sahakar Piramal Chambers, Lalbaug Nagar No.2, Shell Colony, 400012 Chembur, Mumbai 400071 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aajfk2799R Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: None राजस्व की ओर से /Revenue By: Shri Ritesh Misra, Cit Dr A/W Shri Hemanshu Joshi, Sr Dr स िवाई की िारीख / Date Of Hearing 10.07.2025 घोर्णा की िारीख/Date Of Pronouncement 22.07.2025

penalty proceedings u/s. 271(1)(C), 271(1)(b) and u/s 271(F) while framing assessment and passing order dated 31.03 2015 under section 143(3) of the I.T. Act, 1961. The Appellant craves leave to add, amend, alter, modify and delete any of the above ground.” Ground no 1: Illegal assumption of jurisdiction. a) In the facts and circumstances

APTIVAA MIDDLE EAST FZE,DUBAI, UNITED ARAB EMIRATES vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(2), INTERNATIONAL TAXATION, MUMBAI, MAHARASTRA

In the result of the file by the assessee stands partly allowed as indicated hereinabove

Bench: Smt. Beena Pillai () & Ms. Padmavathy S. ()

penalty proceedings under section 274 read with 271F of the Act and section 271(1)(c) of the Act for the subject year as the same is bad in law.” Brief facts of the case are as under: 2. M/s. Aptivaa Middle East FZE Dubai, UAE (hereinafter referred to the assessee) is a 100% subsidiary of M/s. Aptivaa Consulting Solutions

APTIVAA MIDDLE EAST FZE,DUBAI, UNITED ARAB EMIRATES vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(2), INTERNATIONAL TAXATION, MUMBAI, MAHARASTRA

In the result of the file by the assessee stands partly allowed as indicated hereinabove

Bench: Smt. Beena Pillai () & Ms. Padmavathy S. ()

penalty proceedings under section 274 read with 271F of the Act and section 271(1)(c) of the Act for the subject year as the same is bad in law.” Brief facts of the case are as under: 2. M/s. Aptivaa Middle East FZE Dubai, UAE (hereinafter referred to the assessee) is a 100% subsidiary of M/s. Aptivaa Consulting Solutions

APTIVAA MIDDLE EAST FZE,MUMBAI vs. DEPUTY COMMISSION OF INCOME TAX, CIRCLE 1(1)(2), INTERNATIONAL TAXATION, MUMBAI, MUMBAI

In the result of the file by the assessee stands partly allowed as indicated hereinabove

Bench: Smt. Beena Pillai () & Ms. Padmavathy S. ()

penalty proceedings under section 274 read with 271F of the Act and section 271(1)(c) of the Act for the subject year as the same is bad in law.” Brief facts of the case are as under: 2. M/s. Aptivaa Middle East FZE Dubai, UAE (hereinafter referred to the assessee) is a 100% subsidiary of M/s. Aptivaa Consulting Solutions

KALPANA DILIP MEHTA AS LEGAL HEIR OF DILIP D MEHTA,MUMBAI vs. JCIT 19(2), MUMBAI

In the result, the appeal of the Assessee is allowed

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarassessment Year: 2007-08

271(1)(c) of the Act by the AO, challenged the same by filing first appeal before the Ld. Commissioner, who vide impugned order dated 08.01.2025 affirmed the aforesaid penalty on the same footing/reasoning as of the AO observed in the penalty order, by dismissing the appeal of the Assessee and therefore the Assessee, being aggrieved, has preferred the instant

ASST. COMMISSIONER OF INCOME TAX , BANDRA KURLA COMPLEX vs. DEVANG AJIT JHAVERI , MUMBAI

In the result, appeal of the Revenue is dismissed on\naforesaid terms

271 D\nfor violating the provisions of Section 269 SS as discussed above.\"\n12. The predecessor bench of this Court in the aforesaid\njudgments has held that where the AO has initiated the penalty\nproceedings in his/her assessment order, the said date is to be\ntaken as the relevant date as far as the section

DEVANG AJIT JHAVERI ,MUMBAI vs. JCIT, RANGE 17(1), MUMBAI

In the result, appeal of the Revenue is dismissed on\naforesaid terms

271 D\nfor violating the provisions of Section 269 SS as discussed above.\"\n12. The predecessor bench of this Court in the aforesaid\njudgments has held that where the AO has initiated the penalty\nproceedings in his/her assessment order, the said date is to be\ntaken as the relevant date as far as the section

D G LAND DEVELOPERS PRIVATE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -4(4), MUMBAI, MUMBAI

In the result, the appeals of the assessee for assessment year

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh ()

271(1)c) of the Act be dropped. 9. The Ld. CIT (A) has erred upholding th The Ld. CIT (A) has erred upholding the action of AO in levying e action of AO in levying interest u/s 234A of the Act of Rs. 47,630/ interest u/s 234A of the Act of Rs. 47,630/-, u/s 234B