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 153A of the Act, the AO did not make any separate additions did not make any separate additions, but issued did not make any separate additions eedings u/s 271(1)(c) of the Act for furnishing the penalty

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 153A of the Act, the AO did not make any separate additions did not make any separate additions, but issued did not make any separate additions eedings u/s 271(1)(c) of the Act for furnishing the penalty

ESSEL MINING & INDUSTRIES LIMITED,MUMBAI vs. DY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), MUMBAI

In the result, the appeal of the Revenue for assessment year the result, the appeal of the Revenue for assessment year the result, the appeal of the Revenue for assessment year

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2011-12 & Assessment Year: 2012-13 Essel Mining & Industries Ltd., Dy. Cit, Central Circle-1(4), Industry House, 18Th Floor, 10, 9Th Floor, Old Cgo Building, Camac Street, Vs. Mk Road, Kolkata-700017. Mumbai-400020. Pan No. Aaace 6607 L Appellant Respondent Assessment Year: 2011-12 & Assessment Year: 2012-13 Jcit, Central Circle-1(4), M/S Essel Mining & Industries Room No. 902, Pratishtha Ltd., Bhavan, 9Th Floor, Old Cgo Vs. Industry House, 18Th Floor, 10, Building Annexe, Camac Street, Mumbai-400020. Kolkata-700017. Pan No. Aaace 6607 L Appellant Respondent Assessment Year: 2011-12 M/S Essel Mining & Industries Dy. Cit, Central Circle-1(4), Ltd., 9Th Floor, Old Cgo Building, Vs. Industry House, 18Th Floor, 10, Mk Road

u/s 80IA and u/s 10B of the Act on claim of deduction u/s 80IA and u/s 10B of the Act on claim of deduction u/s 80IA and u/s 10B of the Act – Rs 2,62,53,000/ Rs 2,62,53,000/- We find that this is only concerned with workin We find that this is only concerned with workin

ESSEL MINING & INDUSTRIES LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX - CENTRAL CIRCLE 1(4), MUMBAI

In the result, the appeal of the Revenue for assessment year the result, the appeal of the Revenue for assessment year the result, the appeal of the Revenue for assessment year

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2011-12 & Assessment Year: 2012-13 Essel Mining & Industries Ltd., Dy. Cit, Central Circle-1(4), Industry House, 18Th Floor, 10, 9Th Floor, Old Cgo Building, Camac Street, Vs. Mk Road, Kolkata-700017. Mumbai-400020. Pan No. Aaace 6607 L Appellant Respondent Assessment Year: 2011-12 & Assessment Year: 2012-13 Jcit, Central Circle-1(4), M/S Essel Mining & Industries Room No. 902, Pratishtha Ltd., Bhavan, 9Th Floor, Old Cgo Vs. Industry House, 18Th Floor, 10, Building Annexe, Camac Street, Mumbai-400020. Kolkata-700017. Pan No. Aaace 6607 L Appellant Respondent Assessment Year: 2011-12 M/S Essel Mining & Industries Dy. Cit, Central Circle-1(4), Ltd., 9Th Floor, Old Cgo Building, Vs. Industry House, 18Th Floor, 10, Mk Road

u/s 80IA and u/s 10B of the Act on claim of deduction u/s 80IA and u/s 10B of the Act on claim of deduction u/s 80IA and u/s 10B of the Act – Rs 2,62,53,000/ Rs 2,62,53,000/- We find that this is only concerned with workin We find that this is only concerned with workin

A.C.I.T. CENTRAL CIRCLE-20, MUMBAI vs. ANKUR DRUGS & PHARMA LTD., MUMBAI

In the result appeal of the Revenue in I

Bench: Shri Joginder Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 7529/Mum/2011 (नििाारण वर्ा / Assessment Year: 2006-07)

Section 80IC clearly requires manufacturing . Thus, learned CIT DR strongly supported the levying of penalty u/s 271(1)(c) of the 1961 Act and contended that the appellate order of learned CIT(A) is erroneous which needed to be reversed and penalty levied by the AO be confirmed. 10. The assessee during the course of hearing was directed

DCIT CC 3(4) CEN RG 3, MUMBAI vs. DHANVINDER BINDRA, MUMBAI

In the result, the appeals filed by the Revenue are dismissed

Bench: Shri P K Bansal & Shri R.L. Negi

153A. The AO made an addition of `1,82,50,000/- assuming a daily income of `50,000/- )assessee’s share being 50%) from Shri Ram Social Club, the other 50% share of equal amount being added as income in the hands of Mr. Laxmichand Rohira, also covered in the said search on Bindra-Rohira Group. The AO thus taxed

DCIT CC 3(4) CEN RG 3, MUMBAI vs. DHANVINDER BINDRA, MUMBAI

In the result, the appeals filed by the Revenue are dismissed

Bench: Shri P K Bansal & Shri R.L. Negi

153A. The AO made an addition of `1,82,50,000/- assuming a daily income of `50,000/- )assessee’s share being 50%) from Shri Ram Social Club, the other 50% share of equal amount being added as income in the hands of Mr. Laxmichand Rohira, also covered in the said search on Bindra-Rohira Group. The AO thus taxed

DCIT CC 3(4) CEN RG 3, MUMBAI vs. DHANVINDER BINDRA, MUMBAI

In the result, the appeals filed by the Revenue are dismissed

Bench: Shri P K Bansal & Shri R.L. Negi

153A. The AO made an addition of `1,82,50,000/- assuming a daily income of `50,000/- )assessee’s share being 50%) from Shri Ram Social Club, the other 50% share of equal amount being added as income in the hands of Mr. Laxmichand Rohira, also covered in the said search on Bindra-Rohira Group. The AO thus taxed

DCIT CC 3(4) CEN RG 3, MUMBAI vs. DHANVINDER BINDRA, MUMBAI

In the result, the appeals filed by the Revenue are dismissed

Bench: Shri P K Bansal & Shri R.L. Negi

153A. The AO made an addition of `1,82,50,000/- assuming a daily income of `50,000/- )assessee’s share being 50%) from Shri Ram Social Club, the other 50% share of equal amount being added as income in the hands of Mr. Laxmichand Rohira, also covered in the said search on Bindra-Rohira Group. The AO thus taxed

DCIT CC 3(4) CEN RG 3, MUMBAI vs. DHANVINDER BINDDRA, MUMBAI

In the result, the appeals filed by the Revenue are dismissed

Bench: Shri P K Bansal & Shri R.L. Negi

153A. The AO made an addition of `1,82,50,000/- assuming a daily income of `50,000/- )assessee’s share being 50%) from Shri Ram Social Club, the other 50% share of equal amount being added as income in the hands of Mr. Laxmichand Rohira, also covered in the said search on Bindra-Rohira Group. The AO thus taxed

DCIT CC 3(4) CEN RG 3, MUMBAI vs. DHANVINDER BINDRA, MUMBAI

In the result, the appeals filed by the Revenue are dismissed

Bench: Shri P K Bansal & Shri R.L. Negi

153A. The AO made an addition of `1,82,50,000/- assuming a daily income of `50,000/- )assessee’s share being 50%) from Shri Ram Social Club, the other 50% share of equal amount being added as income in the hands of Mr. Laxmichand Rohira, also covered in the said search on Bindra-Rohira Group. The AO thus taxed

MUNIR M. KHAN,MUMBAI vs. DCIT- CC -7(1), MUMBAI

In the result, appeal filed by the assesee is allowed and appeal filed by the revenue is dismissed

Bench: Shri Saktijit Dey & Shri G. Manjunathamunir Khan Vs. Dcit, Central Circle-7(1) 654, 6Th Floor 1404, ‘A’ Wing Raj Classic Bldg Aaykar Bhawan Off. Yari Road, Versova M.K.Road Andheri(W) Mumbai-400 020 Mumbai-400 061 Pan/Gir No.Asgpk3313A (Appellant) .. (Respondent) & Dcit, Central Circle-7(1) Vs. Munir Khan 654, 6Th Floor 1404, ‘A’ Wing Aaykar Bhawan Raj Classic Bldg M.K.Road Off. Yari Road, Versova Mumbai-400 020 Andheri(W) Mumbai-400 061 Pan/Gir No.Asgpk3313A (Appellant) .. (Respondent)

section 271(l)(c) of the Income Tax Act, 1961. 3. The revenue has raised the following grounds of appeal. "On the facts and circumstances of the case, the Ld. CIT(A) has erred in limiting the penalty u/s 271(1 )(c) of Rs. 4,43,49,1 49/- to Rs.58,46,280/- stating that the concealed income

DCIT, CC-7(1), MUMBAI vs. M/S MANEESH PHARMACEUTICALS LTD., MUMBAI

u/s 274 r.w.s. 271(1)(c) issued before passing the impugned order levying the penalty.” 3. The relevant facts, in brief, are that assessment under Section 143(3) read with Section 153A

NAVNITLAL K PARIKH,MUMBAI vs. ACIT CC-45, MUMBAI

The appeal of the assessee is allowed

Bench: Shri Joginder Singh & Shri Ramit Kocharassessment Years: 2004-05 Mr. Navnitlal K. Parikh, Acit, F-2, 77 & 78 Gujrati Society Cc-45, बनाम/ Nehru Road, Vile Parle (E), Aayakar Bhavan, Vs. Mumbai-400057 M.K. Road, Mumbai-400020 ("नधा"रती/Assessee) (राज"व /Revenue) Pa No.:-Aaccp6245F "नधा"रती क" ओर से / Assessee By Shri Shailesh Parmar Shri Suman Kumar-Dr राज"व क" ओर से / Revenue By 05/04/2017 सुनवाई क" तार"ख / Date Of Hearing : 18/04/2017 आदेश क" तार"ख /Date Of Order: Mr. Navnitlal K. Parikh

153A is accepted by the assessing officer, there will be no concealment of income and consequently penalty u/s 171(1)(c) cannot be imposed.” 6 In view of the above decisions of the coordinate Benches of this Tribunal as well as in the facts and circumstances of the present case, we cancel the penalty levied under section 271

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)

153A read with Section 143(3) of the 1961 Act vide assessment order dated 29.12.2009, which led to the additions to the income of the assessee to the tune of Rs. 14,13,628-/. Penalty proceedings u/s 271

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)

153A read with Section 143(3) of the 1961 Act vide assessment order dated 29.12.2009, which led to the additions to the income of the assessee to the tune of Rs. 14,13,628-/. Penalty proceedings u/s 271

SAI SAMARTH ENTERPRISES,MUMBAI vs. DCIT , CC- 1 , THANE

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

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 3718/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2012-13) & आयकर अपील सं/ I.T.A. No. 3720/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2011-12) & आयकर अपील सं/ I.T.A. No. 3721/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2010-11) बिधम/ M/S. Sai Samarth Enterprises Dcit-Central Circle-1, 107, Patel Building, Parel, Thane. Vs. Mumbai. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abufs9008B (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Suchek Anchaliya Revenue By: Shri T. S. Khalsa (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 04/03/2021 घोषणा की तारीख /Date Of Pronouncement: 24/05/2021 आदेश / O R D E R Per Amarjit Singh, (Jm): The Assessee Has Filed The Above Mentioned Appeals Against The Order Dated 29.03.2018 Passed By The Commissioner Of Income Tax (Appeals)- 11, Pune [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys. 2010-11, 2011-12, 2012-13 In Which The Penalty Levied By The Ao Has Been Ordered To Be Confirmed.

153A r.w.s 153C of the Act was issued. The penalty proceeding was initiated u/s 274 r.w.s. 271(1)(c). Thereafter, the necessary notices u/s 143(2) & 142(1) of the Act were issued and served upon the assessee. Thereafter, the assessment was completed by assessing the total income to the tune of Rs.11,37,690/-. The penalty notice was issued

DCIT CENTRAL CIRCLE-2(4) , MUMBAI vs. RONAK GEMS PRIVATE LIMITED, MUMBAI

In the result, appeal of the Revenue is allowed for statistical

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2017-18 Dcit Central Circle- 2(4) M/S Ronak Gems Pvt Ltd Room No. 802, 8Th Floor, 311, Mehta Bhavan, Shop No. Vs. Prathishtha Bhavan, M.K. 5, Opp. Charni Road, Road Churchgate, Mumbai- 400 004 Mumbai- 400020 Pan No. Aabcr 7550 G Appellant Respondent Assessee By : Mr. Nishit Gandhi, Ms. Madhuri Tambe & Aishwarya Wanikar Revenue By : Smt. Sanyogita Nagpal, Cit-Dr : Date Of Hearing 09/11/2023 Date Of Pronouncement : 15/11/2023

u/s 153A of the order. We find in the case of Peter Vaz . We find in the case of Peter Vaz v/s CIT (2016) 436 ITR 616(Bombay) before the Hon’ble Bombay v/s CIT (2016) 436 ITR 616(Bombay) before the Hon’ble Bombay v/s CIT (2016) 436 ITR 616(Bombay) before the Hon’ble Bombay High Court question