M.LAKHAMSI& CO. ,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX 17(1), MUMBAI

In the result, the appeal of the assessee is allowed

u/s 271(1)(c) of the Act.\nThe AO levied penalty Rs.47,74,794/- in respect of the disallowance of\nRs.38,30,978/-on account of Foreign Exchange Loss and in respect of\nthe addition of Rs.1,72,92,564/- on account of alleged undervaluation of\nstock.It is noticed that penalty was levied on account of certain\ndisallowances made

PANASONIC LIFE SOLUTIONS INDIA PVT LTD,THANE vs. ASST CIT CC 7(2), MUMBAI

In the result, Appeal of assessee is partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm Panasonic Life Solutions India Asst. Commissioner Of Private Limited Income-Tax (Formerly Known As Anchor Central Circle 7(2) Electricals Private Limited) 3Rd Floor, B Wing, 655, 6Th Floor, Aaykar Bhavan Vs. I – Think Techno Campus, M.K. Road, Pokhran Road No.2, Thane Mumbai-400 020 (West) (Appellant) (Respondent) Pan No. Aaeca2190C Assessee By : Shri M.P. Lohia Shri Nikhil Tiwari, Ar Revenue By : Shri Manoj Kumar, Cit Dr Date Of Hearing: 08-12-2023 Date Of Pronouncement : 19.12.2023

u/s 274 read with section 271 (1) (c) of the Act. Both Notice of demand and penalty proceedings are further followed by subsequent communication. Therefore, it is merely not an error but for all practical purposes, the ld AO passed the final assessment order instead of Draft Assessment order. In penultimate paragraph also ld AO mentions section

MUKON CONSTRUCTION PRIVATE LIMITED,MUMBAI vs. ACIT CIRCLE 7(1)(1), MUMBAI

In the result, the appeal of the assessee is allowed

271(1) of the Act which is being agitated by the assessee mainly on\nthe ground that the AO while initiating penalty proceedings, did not\nstrike off the relevant limb in the show cause notice u/s 274 of the Act\nso as to categorically give a finding that the assessee was either defaulter\nfor concealment of income or for filing

RAKESH JAIN AS THE LEGAL HEIR OF BHAWARLAL SHRILAL JAIN ,MUMBAI vs. ITO WARD -1 PALGHAR , THANE

In the result, all four appeals of the assessee stand allowed

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokar1. Ita No. 7674/Mum/2025 (Assessment Year: 2013-14) 2. Ita No. 7675/Mum/2025 (Assessment Year: 2013-14) 3. Ita No. 7676/Mum/2025 (Assessment Year: 2013-14) & 4. Ita No. 7677/Mum/2025 (Assessment Year: 2013-14) Rakesh Jain As Legal Ito Ward-1, Heir Of Bhawarlal Shrilal Bidco Road, Jain, Vs. Palghar, Shop 5, Vaibhav Complex, Maharashtra – Irani Road, Malyan, 401 404 Dahanu Road, Thane – 401602, Maharashtra. Pan/Gir No. Abjpj5270F (Applicant) (Respondent) Assessee By Shri Suchek Anchaliya, Ld. Ar Revenue By Shri Annavaram Kosuri, Ld. Dr Date Of Hearing 05.02.2026 Date Of Pronouncement 09.02.2026 आदेश / Order Per Makarand Vasant Mahadeokar, Am: These Four Appeals Are Directed Against Separate Orders Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”], All Dated 26.09.2025 & 18.09.2025, For Assessment Year 2013– 14. Since The Issues Involved In All The Appeals Arise Out Of The Same Set Of Facts & Relate To Proceedings Initiated In The Name Of Late Shri Bhawarlal Shrilal Jain, These Appeals Were Heard Together & Are Being Disposed Of By This Common Order For The Sake Of Convenience & Brevity.

271(1)(b) of the Income Tax Act, 1961 (herein referred to as the “Act”) amounting to Rs. 50,000/- for non-compliance of notices issued u/s 142(1) of the Act without appreciating the fact that the non-compliance was because of the fact that the appellant legal heir was not aware of such notices as such notice

RAKESH JAIN AS THE LEGAL HEIR OF BHAWARLAL SHRILAL JAIN ,MUMBAI vs. ITO WARD-1 PALGHAR , MUMBAI

In the result, all four appeals of the assessee stand allowed

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokar1. Ita No. 7674/Mum/2025 (Assessment Year: 2013-14) 2. Ita No. 7675/Mum/2025 (Assessment Year: 2013-14) 3. Ita No. 7676/Mum/2025 (Assessment Year: 2013-14) & 4. Ita No. 7677/Mum/2025 (Assessment Year: 2013-14) Rakesh Jain As Legal Ito Ward-1, Heir Of Bhawarlal Shrilal Bidco Road, Jain, Vs. Palghar, Shop 5, Vaibhav Complex, Maharashtra – Irani Road, Malyan, 401 404 Dahanu Road, Thane – 401602, Maharashtra. Pan/Gir No. Abjpj5270F (Applicant) (Respondent) Assessee By Shri Suchek Anchaliya, Ld. Ar Revenue By Shri Annavaram Kosuri, Ld. Dr Date Of Hearing 05.02.2026 Date Of Pronouncement 09.02.2026 आदेश / Order Per Makarand Vasant Mahadeokar, Am: These Four Appeals Are Directed Against Separate Orders Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”], All Dated 26.09.2025 & 18.09.2025, For Assessment Year 2013– 14. Since The Issues Involved In All The Appeals Arise Out Of The Same Set Of Facts & Relate To Proceedings Initiated In The Name Of Late Shri Bhawarlal Shrilal Jain, These Appeals Were Heard Together & Are Being Disposed Of By This Common Order For The Sake Of Convenience & Brevity.

271(1)(b) of the Income Tax Act, 1961 (herein referred to as the “Act”) amounting to Rs. 50,000/- for non-compliance of notices issued u/s 142(1) of the Act without appreciating the fact that the non-compliance was because of the fact that the appellant legal heir was not aware of such notices as such notice

RAKESH JAIN AS THE LEGAL HEIR OF BHAWARLAL SHRILAL JAIN,MUMBAI vs. ITO WARD 1 PALGHAR, THANE

In the result, all four appeals of the assessee stand allowed

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokar1. Ita No. 7674/Mum/2025 (Assessment Year: 2013-14) 2. Ita No. 7675/Mum/2025 (Assessment Year: 2013-14) 3. Ita No. 7676/Mum/2025 (Assessment Year: 2013-14) & 4. Ita No. 7677/Mum/2025 (Assessment Year: 2013-14) Rakesh Jain As Legal Ito Ward-1, Heir Of Bhawarlal Shrilal Bidco Road, Jain, Vs. Palghar, Shop 5, Vaibhav Complex, Maharashtra – Irani Road, Malyan, 401 404 Dahanu Road, Thane – 401602, Maharashtra. Pan/Gir No. Abjpj5270F (Applicant) (Respondent) Assessee By Shri Suchek Anchaliya, Ld. Ar Revenue By Shri Annavaram Kosuri, Ld. Dr Date Of Hearing 05.02.2026 Date Of Pronouncement 09.02.2026 आदेश / Order Per Makarand Vasant Mahadeokar, Am: These Four Appeals Are Directed Against Separate Orders Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”], All Dated 26.09.2025 & 18.09.2025, For Assessment Year 2013– 14. Since The Issues Involved In All The Appeals Arise Out Of The Same Set Of Facts & Relate To Proceedings Initiated In The Name Of Late Shri Bhawarlal Shrilal Jain, These Appeals Were Heard Together & Are Being Disposed Of By This Common Order For The Sake Of Convenience & Brevity.

271(1)(b) of the Income Tax Act, 1961 (herein referred to as the “Act”) amounting to Rs. 50,000/- for non-compliance of notices issued u/s 142(1) of the Act without appreciating the fact that the non-compliance was because of the fact that the appellant legal heir was not aware of such notices as such notice

RAKESH JAIN AS THE LEGAL HEIR OF BHAWARLAL SHRILAL JAIN ,MUMBAI vs. ITO WARD 1, PALGHAR , THANE

In the result, all four appeals of the assessee stand allowed

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokar1. Ita No. 7674/Mum/2025 (Assessment Year: 2013-14) 2. Ita No. 7675/Mum/2025 (Assessment Year: 2013-14) 3. Ita No. 7676/Mum/2025 (Assessment Year: 2013-14) & 4. Ita No. 7677/Mum/2025 (Assessment Year: 2013-14) Rakesh Jain As Legal Ito Ward-1, Heir Of Bhawarlal Shrilal Bidco Road, Jain, Vs. Palghar, Shop 5, Vaibhav Complex, Maharashtra – Irani Road, Malyan, 401 404 Dahanu Road, Thane – 401602, Maharashtra. Pan/Gir No. Abjpj5270F (Applicant) (Respondent) Assessee By Shri Suchek Anchaliya, Ld. Ar Revenue By Shri Annavaram Kosuri, Ld. Dr Date Of Hearing 05.02.2026 Date Of Pronouncement 09.02.2026 आदेश / Order Per Makarand Vasant Mahadeokar, Am: These Four Appeals Are Directed Against Separate Orders Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”], All Dated 26.09.2025 & 18.09.2025, For Assessment Year 2013– 14. Since The Issues Involved In All The Appeals Arise Out Of The Same Set Of Facts & Relate To Proceedings Initiated In The Name Of Late Shri Bhawarlal Shrilal Jain, These Appeals Were Heard Together & Are Being Disposed Of By This Common Order For The Sake Of Convenience & Brevity.

271(1)(b) of the Income Tax Act, 1961 (herein referred to as the “Act”) amounting to Rs. 50,000/- for non-compliance of notices issued u/s 142(1) of the Act without appreciating the fact that the non-compliance was because of the fact that the appellant legal heir was not aware of such notices as such notice

ACIT-15(3)(1), MUMBAI, MUMBAI vs. M/S TORANE ISPAT UDYOG PRIVATE LIMITED, MUMBAI

In the result, ground No.1 of the appeal is allowed

Bench: Ms. Kavitha Rajagopal & Smt.Renu Jauhriacit-15(3)(1) Vs. M/S. Torane Ispat Udyog Room No. 480, Forth Floor, Private Limited Aayakar Bhawan, 49, Ground Floor, Cinewonder Mumbai-400020. Mall, Ghodbunder Road, Thane West, Mumbai-400607. "थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aacct9196K Appellant .. Respondent

penalty u/s 271(1)(c) of the Act is null and void due to the non striking of the one of the limb in the show cause notice u/s 274 r.w.s 271(1)(c) of the Act, dated 02.03.2016 which being a typographical mistake. The Ld. CIT(A) has not considered/ taken into account the Provisions of Section 292B

INCOME-TAX OFFICER-8(3)(1), MUMBAI, MUMBAI vs. VIBGYOR TEXOTECH LIMITED, MUMBAI

In the result, the appeal of the Revenue is dismissed

u/s 292B of the Act.?\n\n2.\nBriefly stated, facts of the case are that in the reassessment\ncompleted under section 143(3) read with section 147 of the\nIncome-tax Act, 1961 (“the Act\") vide order dated 30.03.2016, the\ntotal income of the assessee was determined at 28,34,12,447/-,\nand penalty proceedings under section 271

ASHWIN LILADHAR SHAH,MUMBAI vs. NATIONAL FACELESS APPEAL CENTRE, DELHI, MUMBAI

In the result, appeal filed by the assessee is dismissed

Bench: Shri Pavan Kumar Gadale, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bleashwin Liladhar Shah V. National Faceless Appeal Centre Delhi C/O. D.C. Bothra & Co. Llp (Ca) (Formerly Known As D.C. Bothra & Co.) 297, Tardeo Road, Wile Mansion 1St Floor, Opp. Bank Of India Nana Chowk, Mumbai - 400007 Pan: Abeps5329R (Appellant) (Respondent)

u/s. 271(1)(c) in number of cases has been quashed by the hon'ble High Courts including jurisdictional High Court of Bombay in the following mentioned judgements upon which we place our reliance:- a. Manjunatha Cotton & Ginning Factory, (2013) 359 ITR 565 (KAR). Page No. | 5 Ashwin Liladhar Shah b. Shri Samson Perinchery vs. ACIT- Central

DCIT CENTRAL CIRCLE-2(4), MUMBAI vs. M/S PATAN SOLAR PVT LTD, MUMBAI

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

Bench: Shri Baskaran Br & Shir Pavan Kumar Gadaledcit, Vs. M/Spatansolarpvtltd., Central Circle – 2(4) 602, 6Th Floor, Western Room No. 802, 8Th Floor, Edge-I,Western Prathishtha Bhavan, Express Highway, Mk Road, Churchgate, Borivali (E), Mumbai-400020. Mumbai-400066. Pan/Gir No. : Aafcp6744A Appellant .. Respondent Appellant By : Mr. V.K. Chaturvedi.Dr Respondent By : Mr. Rushabh Mehta.Ar Date Of Hearing 09.02.2023 Date Of Pronouncement 15.02.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals)-48, Mumbai Passed U/S 250 Of The Act.The Revenue Has Raised The Following Grounds Of Appeal:

section 292B and 292BB of the Act. 4. Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) erred in holding the penalty notice to be 'defective' on the basis of a minor 'curable' technicality and without appreciating the entire facts and substance of the 5. Whether on the facts and circumstances

HELIOS MERCANTILE LIMITED,MUMBAI vs. DY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-6(1), MUMBAI

penalty u/s 271AAB(1A) in\nthe instant case where no additions were made and, in a\nyear, where the section was non- existent.\n0. In the case of Citron Infraprojects Ltd, for AY 2012-13 to\nAY 2018-19, the approval number granted by the Addl.\nCIT has not been mentioned in the Assessment Orders.\np. In the case

D.Y.PATIL EDUCATION SOCIETY,KOLHAPUR vs. DCIT CENT. CIR 7(1) , MUMBAI

In the result, the appeal filed by the revenue is dismissed and appeal filed by the assessee as well as CO are allowed

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No. 2298/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2016-17) & आयकर अपील सं/ I.T.A. No. 2299/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2017-18) Acit, Cc-7(1) बिधम/ Dr. D. Y. Patil Education R. No. 676B, 6Th Floor, Society Vs. Aayakar Bhavan, M. K. 869, E, Ward, Kasaba Road, Mumbai-400020. Vawada, Kolhapur-416006. & आयकर अपील सं/ I.T.A. No. 1957/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2017-18) बिधम/ Dr. D. Y. Patil Education Dcit, Central Circle-7(1) 6Th Floor, Aayakar Bhavan, M. Society Vs. 869, E, Ward, Kasaba K. Road, Mumbai-400020. Vawada, Kolhapur-416006. Cross Objection No. 63/Mum/2022 Arising Out Of I.T.A. No.2298/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2016-17) बिधम/ Dr. D. Y. Patil Education Acit, Cc-7(1) R. No. 676B, 6Th Floor, Society Vs. 869, E, Ward, Kasaba Aayakar Bhavan, M. K. Road, Vawada, Kolhapur-416006. Mumbai-400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatd8919M (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Smt. Riddhi Mishra (Dr)/Smt. Mahita Nair Assessee By: Shri Dharmesh Shah/Dhaval Shah सुनवाई की तारीख / Date Of Hearing: 19/01/2023 घोषणा की तारीख /Date Of Pronouncement: 29/03/2023

271(1)(c) of the Act applies only in case of the searched person and not the persons covered u/s 153C of the Act. It was therefore held that, only in case of a searched person, it may be open for the Revenue to levy penalty in a case where income is surrendered in the return filed u/s 153A

ACIT CC -7(1) , MUMBAI vs. DR. D.Y.PATIL EDUCATION SOCIETY, MUMBAI

In the result, the appeal filed by the revenue is dismissed and appeal filed by the assessee as well as CO are allowed

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No. 2298/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2016-17) & आयकर अपील सं/ I.T.A. No. 2299/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2017-18) Acit, Cc-7(1) बिधम/ Dr. D. Y. Patil Education R. No. 676B, 6Th Floor, Society Vs. Aayakar Bhavan, M. K. 869, E, Ward, Kasaba Road, Mumbai-400020. Vawada, Kolhapur-416006. & आयकर अपील सं/ I.T.A. No. 1957/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2017-18) बिधम/ Dr. D. Y. Patil Education Dcit, Central Circle-7(1) 6Th Floor, Aayakar Bhavan, M. Society Vs. 869, E, Ward, Kasaba K. Road, Mumbai-400020. Vawada, Kolhapur-416006. Cross Objection No. 63/Mum/2022 Arising Out Of I.T.A. No.2298/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2016-17) बिधम/ Dr. D. Y. Patil Education Acit, Cc-7(1) R. No. 676B, 6Th Floor, Society Vs. 869, E, Ward, Kasaba Aayakar Bhavan, M. K. Road, Vawada, Kolhapur-416006. Mumbai-400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatd8919M (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Smt. Riddhi Mishra (Dr)/Smt. Mahita Nair Assessee By: Shri Dharmesh Shah/Dhaval Shah सुनवाई की तारीख / Date Of Hearing: 19/01/2023 घोषणा की तारीख /Date Of Pronouncement: 29/03/2023

271(1)(c) of the Act applies only in case of the searched person and not the persons covered u/s 153C of the Act. It was therefore held that, only in case of a searched person, it may be open for the Revenue to levy penalty in a case where income is surrendered in the return filed u/s 153A

ACIT CENT. CIR -7(1) , MUMBAI vs. DR. D.Y.PATIL EDUCATION SOCIETY , MUMBAI

In the result, the appeal filed by the revenue is dismissed and appeal filed by the assessee as well as CO are allowed

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No. 2298/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2016-17) & आयकर अपील सं/ I.T.A. No. 2299/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2017-18) Acit, Cc-7(1) बिधम/ Dr. D. Y. Patil Education R. No. 676B, 6Th Floor, Society Vs. Aayakar Bhavan, M. K. 869, E, Ward, Kasaba Road, Mumbai-400020. Vawada, Kolhapur-416006. & आयकर अपील सं/ I.T.A. No. 1957/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2017-18) बिधम/ Dr. D. Y. Patil Education Dcit, Central Circle-7(1) 6Th Floor, Aayakar Bhavan, M. Society Vs. 869, E, Ward, Kasaba K. Road, Mumbai-400020. Vawada, Kolhapur-416006. Cross Objection No. 63/Mum/2022 Arising Out Of I.T.A. No.2298/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2016-17) बिधम/ Dr. D. Y. Patil Education Acit, Cc-7(1) R. No. 676B, 6Th Floor, Society Vs. 869, E, Ward, Kasaba Aayakar Bhavan, M. K. Road, Vawada, Kolhapur-416006. Mumbai-400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatd8919M (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Smt. Riddhi Mishra (Dr)/Smt. Mahita Nair Assessee By: Shri Dharmesh Shah/Dhaval Shah सुनवाई की तारीख / Date Of Hearing: 19/01/2023 घोषणा की तारीख /Date Of Pronouncement: 29/03/2023

271(1)(c) of the Act applies only in case of the searched person and not the persons covered u/s 153C of the Act. It was therefore held that, only in case of a searched person, it may be open for the Revenue to levy penalty in a case where income is surrendered in the return filed u/s 153A

GOLDMAN SACHS (INDIA) SECURITIES PVT.LTD,MUMBAI vs. ACIT CIR 7 (1) (1) , MUMBAI

u/s 274 rws 271(1) (c) are hereby cancelled.\nAccordingly, the tax demand of Rs. 252,54,84,961/- is also hereby cancelled.”\n8. In our considered view, the assessment order dt. 28/12/2019\nwhen once become invalid and non-est, we do not find any provision\nto rectify a non-existing order. Therefore, the aforementioned effort\nof the AO would

HELIOS MERCANTILE LIMITED ,MUMBAI vs. DY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-6(1), MUMBAI, MUMBAI.

penalty u/s 271AAB(1A) in\nthe instant case where no additions were made and, in a\nyear, where the section was non- existent.\n0.\nIn the case of Citron Infraprojects Ltd, for AY 2012-13 to\nAY 2018-19, the approval number granted by the Addl.\nCIT has not been mentioned in the Assessment Orders.\np.\nIn the case

SVP GLOBAL TEXTILES LTD FORMERLY SVP GLOBAL VENTURES LTD,MUMBAI vs. DY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-6(1), MUMBAI MUMBAI, MUMBAI

penalty u/s 271AAB(1A) in\nthe instant case where no additions were made and, in a\nyear, where the section was non- existent.\n0.\nIn the case of Citron Infraprojects Ltd, for AY 2012-13 to\nAY 2018-19, the approval number granted by the Addl.\nCIT has not been mentioned in the Assessment Orders.\np.\nIn the case