EUREKA OUTSOURCING SOLUTIONS PVT LTD,THANE vs. DEPUTY COMMISSIONER OF INCOME TAX-CIRCLE (1), THANE

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

Bench: Shri S Rifaur Rahman, Am & Ms. Kavitha Rajagopal, Jm Eureka Outsourcing Solutions Pvt. Ltd. Dy. Cit, Circle (1) 5Th Floor, High Street Cum Highland Thane Corporate Centre, Kapurbawadi, Vs. Thane-400 607

197 for ‘nil’ or lower deduction of TDS, depreciation claimed at higher rate/higher additional depreciation claimed, low income shown by large contractors, mismatch in sales turnover reported in audit report and ITR and mismatch in amount paid to related persons u/s. 40A(2)(b) reported in the audit report and ITR”. The ld. A.O. vide order dated 06.12.2017 passed

M/S. UNITED PHOSPHORUS LTD(NOW KNOWN AS UNIPHOS ENTERPRISES LTD),MUMBAI vs. THE DCIT CEN CIR-38, MUMBAI

In the result, the appeal of assessee is allowed

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

penalty levied u/s 271(1)(c)) ACIT, CC-38, Room no. M/s. United Phosphorous Ltd. 32(1), Ayakar Bhavan, Vs. Uniphos House, Madhu Park, 11th Road, Khar (W), Mumbai. Maharishi Karve Rd., Mumbai-400020. PAN: AAACU 3440 P (Appellant) .. (Respondent) Assessee by Ms. Vasanti Patel Advocate Revenue by Shri. Kiran Unavekar, Sr. DR Date of Hearing 18/03/2025 Date of Pronouncement

ASST CIT CC 38, MUMBAI vs. UNIPHOS ENTERPRISES LTD, MUMBAI

In the result, the appeal of assessee is allowed

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

penalty levied u/s 271(1)(c)) ACIT, CC-38, Room no. M/s. United Phosphorous Ltd. 32(1), Ayakar Bhavan, Vs. Uniphos House, Madhu Park, 11th Road, Khar (W), Mumbai. Maharishi Karve Rd., Mumbai-400020. PAN: AAACU 3440 P (Appellant) .. (Respondent) Assessee by Ms. Vasanti Patel Advocate Revenue by Shri. Kiran Unavekar, Sr. DR Date of Hearing 18/03/2025 Date of Pronouncement

THE ACIT CC-38, MUMBAI vs. M/S. UNITED PHOSPHOROUS LTD, MUMBAI

In the result, the appeal of assessee is allowed

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

penalty levied u/s 271(1)(c)) ACIT, CC-38, Room no. M/s. United Phosphorous Ltd. 32(1), Ayakar Bhavan, Vs. Uniphos House, Madhu Park, 11th Road, Khar (W), Mumbai. Maharishi Karve Rd., Mumbai-400020. PAN: AAACU 3440 P (Appellant) .. (Respondent) Assessee by Ms. Vasanti Patel Advocate Revenue by Shri. Kiran Unavekar, Sr. DR Date of Hearing 18/03/2025 Date of Pronouncement

ADDL CIT CEN RG IX, MUMBAI vs. UNIPHOS ENTERPRISES LTD ( FORMLERY KNOWN AS UNITED PHOSPHORUS LTD), MUMBAI

In the result, the appeal of assessee is allowed

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

penalty levied u/s 271(1)(c)) ACIT, CC-38, Room no. M/s. United Phosphorous Ltd. 32(1), Ayakar Bhavan, Vs. Uniphos House, Madhu Park, 11th Road, Khar (W), Mumbai. Maharishi Karve Rd., Mumbai-400020. PAN: AAACU 3440 P (Appellant) .. (Respondent) Assessee by Ms. Vasanti Patel Advocate Revenue by Shri. Kiran Unavekar, Sr. DR Date of Hearing 18/03/2025 Date of Pronouncement

UNIPHOS ENTERPRISES LTD ( FORMERLY KNOWN AS UNITED PHOSPHORUS LTD),MUMBAI vs. ADDL CIT CEN RG IX, MUMBAI

In the result, the appeal of assessee is allowed

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

penalty levied u/s 271(1)(c)) ACIT, CC-38, Room no. M/s. United Phosphorous Ltd. 32(1), Ayakar Bhavan, Vs. Uniphos House, Madhu Park, 11th Road, Khar (W), Mumbai. Maharishi Karve Rd., Mumbai-400020. PAN: AAACU 3440 P (Appellant) .. (Respondent) Assessee by Ms. Vasanti Patel Advocate Revenue by Shri. Kiran Unavekar, Sr. DR Date of Hearing 18/03/2025 Date of Pronouncement

VIDYASAGAR MAHAVIR PRASAD SAH,MUMBAI vs. ADCIT 23(3), MUMBAI

In the result, the appeal filed by the assessee is hereby ordered to be allowed

Bench: Shri Pramod Kumar, Vp & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 2460/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2012-13) Vidyasagar Mahavir Prasad बिधम/ Adcit 23(3) 104, 1St Floor, Matru Mandir, Sah Vs. 22 A Band Stand Society Tardeo Rd, Mumbai-400007. 197-C, Kane Rd Bandra (W), Mumbai-400050. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aafps5412H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Madhur Aggarwal (Dr) Revenue By: Shri Padma Ram Mirdha (Dr) सुनवाई की तारीख / Date Of Hearing: 03/02/2020 घोषणा की तारीख /Date Of Pronouncement: 24/ 08/2020 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 21.02.2018 Passed By The Commissioner Of Income Tax (Appeals)-34, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2012-13 In Which The Penalty Levied By The Ao Has Been Ordered To Be Confirmed.

197-C, Kane Rd Bandra (W), Mumbai-400050. स्थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AAFPS5412H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee by: Shri Madhur Aggarwal (DR) Revenue by: Shri Padma Ram Mirdha (DR) सुनवाई की तारीख / Date of Hearing: 03/02/2020 घोषणा की तारीख /Date of Pronouncement: 24/ 08/2020 आदेश / O R D E R PER AMARJIT SINGH, JM: The assessee

UNIPHOS ENTERPRISES LTD,MUMBAI vs. ADDL CIT CEN RG IX, MUMBAI

In the result, the appeal of assessee is allowed

penalty levied u/s 271(1)(c))\nACIT, CC-38, Room no.\nVs.\nM/s. United Phosphorous Ltd.\n32(1), Ayakar Bhavan,\nUniphos House, Madhu Park,\nMaharishi Karve Rd.,\n11th Road, Khar (W), Mumbai.\nMumbai-400020.\nPAN: AAACU 3440 P\n(Appellant)\n(Respondent)\nAssessee by\nMs. Vasanti Patel Advocate\nRevenue by\nShri. Kiran Unavekar, Sr. DR\nDate of Hearing\n18/03/2025\nDate

ITO, WARD-1(2), MUMBAI vs. MEHUL INDUKUMAR PAREKH, MUMBAI

In the result, appeals of the revenue are dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

197/- for the A.Ys. 2009-10, 2010-11 and 2011-12 respectively. (A.Ys: 2009-10, 2010-11 & 2011-12) Shri Mehul Indukumar Parekh While completing the reassessments the Assessing Officer treated purchases of ₹.2,63,898/-, ₹.21,07,189/- and ₹.90,67,990/- made from various dealers as non-genuine for the A.Ys

ITO, WARD-1(2), MUMBAI vs. MEHUL INDUKUMAR PAREKH, MUMBAI

In the result, appeals of the revenue are dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

197/- for the A.Ys. 2009-10, 2010-11 and 2011-12 respectively. (A.Ys: 2009-10, 2010-11 & 2011-12) Shri Mehul Indukumar Parekh While completing the reassessments the Assessing Officer treated purchases of ₹.2,63,898/-, ₹.21,07,189/- and ₹.90,67,990/- made from various dealers as non-genuine for the A.Ys

ITO, WARD-1(2), MUMBAI vs. MEHUL INDUKUMAR PAREKH, MUMBAI

In the result, appeals of the revenue are dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

197/- for the A.Ys. 2009-10, 2010-11 and 2011-12 respectively. (A.Ys: 2009-10, 2010-11 & 2011-12) Shri Mehul Indukumar Parekh While completing the reassessments the Assessing Officer treated purchases of ₹.2,63,898/-, ₹.21,07,189/- and ₹.90,67,990/- made from various dealers as non-genuine for the A.Ys

DCIT (IT) - 3(3)(2), MUMBAI vs. RAHUL RAJNIKANT PARIKH, MUMBAI

In the result, these appeals by the Revenues stands allowed for statistical purposes

Bench: Shri Shamim Yahya, Am & Shri Ravish Sood, Jm

penalty u/s. 271(1)(c) of the Income Tax Act, 1961 have been deleted as under: I.T.A. No. Assessee Assessment Issue Amount (in year Rs.) 5568/Mum/2016 Shri Rahul Rajnikant Parikh 2003-04 Quantum 19,11,675 5571/Mum/2016 Shri Rahul Rajnikant Parikh 2004-05 Quantum 29,31,204 5567/Mum/2016 Shri Rahul Rajnikant Parikh 2006-07 Quantum 89,197 5570/Mum/2016 Shri Rahul

SANJEEV MUKHIJA,MUMBAI vs. DCIT CEN CIR 5, MUMBAI

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh & Shri S. Rifaur Rehmansanjeev Mukhija Dcit Central Circle-5 154/155, Kewal Industrial (Now Dcit, Cc-1(4), Estate, Senapati Bapat Marg, Vs. Old Cgo Bldg, Room No. 901, Annex, 9Th Floor, M.K. Road, Lower Parel (W), Mumbai-400013 Mumbai-400020. Pan: Addpm4155C Appellant Respondent Appellant By : Shri A.K. Ghosh (Ar) Respondent By : Shri V. Vinod Kumar (Sr. Dr)

u/s 271(1)(c) despite the fact that the Ld. AO neither in the show cause notice nor in the assessment order specified under which charge he is contemplating to levy penalty. 2. We have heard the submission of ld. Authorized Representative (AR) of the assessee and ld. Departmental Representative (DR) for the revenue and perused the material available

PARAG M. SANGHVI,MUMBAI vs. DCIT CEN CIR 38, MUMBAI

The appeals of the assessee are allowed

Bench: Shri Joginder Singh & Shri Ashwani Taneja

197/- for A.Y. 2003-04 and Rs. 3,57,520/- for A.Y. 2007-08. The assessment was made u/s. 143(3) r.w. Sec. 153A by order dt. 22.12.2009 wherein the returned income of the assessee was accepted as the assessed income. 3.2. The Assessing Officer initiated penalty proceedings u/s. 271(1)(c) of the Act for not filing the return

PARAG M. SANGHVI,MUMBAI vs. DCIT CEN CIR 38, MUMBAI

The appeals of the assessee are allowed

Bench: Shri Joginder Singh & Shri Ashwani Taneja

197/- for A.Y. 2003-04 and Rs. 3,57,520/- for A.Y. 2007-08. The assessment was made u/s. 143(3) r.w. Sec. 153A by order dt. 22.12.2009 wherein the returned income of the assessee was accepted as the assessed income. 3.2. The Assessing Officer initiated penalty proceedings u/s. 271(1)(c) of the Act for not filing the return

DY. COMMISSIONER OF INCOME TAX CIRCLE - 3(3)(1), MUMBAI, MUMBAI vs. SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA, MUMBAI

In the result, the appeal is dismissed

Bench: Shri Narender Kumar Choudhry & Shri Ratnesh Nandan Sahayassessment Year: 2016-17 Dy. Commissioner Of M/S. Small Industries Income Tax Circle- Development Bank Of 3(3)(1) India Room No. 609, Sme Development Centre, Aaykar Bhavan, C-11, G- Block, Vs. M. K. Road, Bandra Kurla Complex, Churchgate, Bandra (East), Mumbai- 400020. Pan: Aabcs3480N (Appellant) (Respondent)

Penalty proceedings u/s 271(1)(c) of the Income-tax Act, 1961, for furnishing inaccurate particulars of income was also initiated. 9. Aggrieved by the order of the Ld. AO, the assessee filed appeal before the Ld. CIT (A). The Ld. CIT(A) vide the impugned order ITBA/NFAC /S/250/2023-24/1053796425(1) Dated 19/06/2023 has decided as under:- “Decision on Ground

MS. BINNA NITIN PARIKH,MUMBAI vs. ACIT CIRCLE-19(1), MUMBAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Mahavir Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blems. Binna Nitin Parikh V. Acit – Circle – 19(1) W1, Sudantta Apartments Room No. 203, 2Nd Floor 10A Mount Pleasant Road Matru Mandir, Tardev Road Malabar Hill, Mumbai - 400006 Mumbai – 400 007 Pan: Aadpp1671P (Appellant) (Respondent) Assessee By : Shri Sunil Hirawat Department By : Shri C.T. Mathews

Section 271(1)(c) does not apply to the case of the appellant. 17. In view of the above, it is submitted that as the assessee has disclosed all the facts and had not concealed the particulars of her income nor has furnished inaccurate particulars of such income, it is submitted that the penalty of Rs.3,05,375/- levied u/s.271

THE DCIT 3(1), MUMBAI vs. M/S. BAJAJAJ AUTO LTD., MUMBAI

In the result, the appeals filed by the assesse are partly allowed and the appeals filed by the revenue are dismissed

Bench: Aby T Varkey & Shri Amarjit Singh

271(1)(c) has been deleted on all the issued, therefore, this Cross Objection filed by the assessee has become infructuous the same stand dismissed. Ground No. 1: Taxability on surplus on redemption of securities as Capital Gains Rs.1,94,19,926:- 70. Since the facts and the issue involved in this ground of appeal is similar to the facts