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

ILA JITENDRA MEHTA,MUMBAI vs. DCIT CENTRAL CIRCLE 8(4), MUMBAI

In the result, the appeal of the Assessee is allowed

Bench: Shri Narender Kumar Choudhry & Smt Renu Jauhriassessment Year: 2014-15

Section 27I(I)(c) o/the Act.” 11. The AO though considered the aforesaid reply of the Assessee, however, not being satisfied, rejected the same and by relying on various judgments, vide penalty order dated 19.06.2017 u/s 271(1)(c) of the Act, ultimately levied the penalty of Rs.2,28,41

ANJIS DEVELOPERS PRIVATE LIMITED,MUMBAI vs. PRINCIPLE CIT-5,MUMBAI, MUMBAI

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

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () Assessment Year: 2017-18 Anjis Developers Private Limited, Pcit-5, 2Nd Floor, Soham Apartments, Room No. 515, 5Th Floor, 208, Walkeshwar Road, Teen Vs. Aayakar Bhavan, Mk. Batti, Road, Mumbai-400006. Mumbai-400020. Pan No. Aaaca 6022 H Appellant Respondent : Assessee By S. Sriram/Dinesh Kukreja/Ssnyaknavedie Revenue By : Shri Chetan Kacha, Dr : Date Of Hearing 25/11/2022 Date Of Pronouncement : 20/02/2023

u/s 271(1)(c) of the Act has rendered, t of the Act has rendered, the assessment order erroneous in so far he assessment order erroneous in so far Anjis Developers Pvt. Ltd. 7 AY 2017-18 as prejudicial to the interest of the Rev as prejudicial to the interest of the Revenue. The relevant finding of enue. The relevant

DINESH SOMATMAL DHOKAR,MUMBAI vs. INCOME TAX OFFICER - 19(1)(1), MUMBAI

In the result, both the appeals are partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Sunil Kumar Singh, Jm

u/s 274 RWs 271 (1) (c) of the Act. Thus, It is apparent that notwithstanding the defective notice, the assessee was fully aware of the reason as to why the Assessing Officer sought to impose penalty. Thus, significant features of the case in hand are that penalty proceedings were initiated during the assessment proceedings. The Assessing Officer had although issued

DINESH SOMATMAL DHOKAR,MUMBAI vs. INCOME TAX OFFICER - 19(1)(1), MUMBAI

In the result, both the appeals are partly allowed

Bench: Shri Prashant Maharishi, Am & Shri Sunil Kumar Singh, Jm

u/s 274 RWs 271 (1) (c) of the Act. Thus, It is apparent that notwithstanding the defective notice, the assessee was fully aware of the reason as to why the Assessing Officer sought to impose penalty. Thus, significant features of the case in hand are that penalty proceedings were initiated during the assessment proceedings. The Assessing Officer had although issued

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

271(1)(c) of the Act are fulfilled. In view of\nthe above, the penalty in respect of interest and the excess\ndepreciation is also cancelled. The relevant grounds of the appeal of\nthe assessee are allowed.\n8. The grounds in respect of assessment year 2015-16 are\nreproduced as under:\n1. On the facts and circumstances of the case

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

271(1)(c) of the Act are fulfilled. In view of\nthe above, the penalty in respect of interest and the excess\ndepreciation is also cancelled. The relevant grounds of the appeal of\nthe assessee are allowed.\n8. The grounds in respect of assessment year 2015-16 are\nreproduced as under:\n1. On the facts and circumstances of the case

DCIT-3(1)(1), MUMBAI, MUMBAI vs. RELCON INFRAPROJECTS LTD., MUMBAI

Bench: SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

u/s 271(1)(c) of the Act is upheld. Accordingly, the grounds of the revenue are dismissed. 8. In the result, appeal of the revenue is dismissed” 18. In view of the above, we hold that the order passed by the Learned CIT(A) deleting penalty of INR. INR.1,76,210/- levied under Section 271

DCIT-3(1)(1), MUMBAI, MUMBAI vs. RELCON INFRAPROJECTS LTD., MUMBAI

Bench: SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

u/s 271(1)(c) of the Act is upheld. Accordingly, the grounds of the revenue are dismissed. 8. In the result, appeal of the revenue is dismissed” 18. In view of the above, we hold that the order passed by the Learned CIT(A) deleting penalty of INR. INR.1,76,210/- levied under Section 271

DCIT-3(1)(1), MUMBAI, MUMBAI vs. RELCON INFRAPROJECTS LTD., MUMBAI

Bench: SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

u/s 271(1)(c) of the Act is upheld. Accordingly, the grounds of the revenue are dismissed. 8. In the result, appeal of the revenue is dismissed” 18. In view of the above, we hold that the order passed by the Learned CIT(A) deleting penalty of INR. INR.1,76,210/- levied under Section 271

DCIT-3(1)(1), MUMBAI, MUMBAI vs. RELCON INFRAPROJECTS LTD., MUMBAI

Bench: SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

u/s 271(1)(c) of the Act is upheld. Accordingly, the grounds of the revenue are dismissed. 8. In the result, appeal of the revenue is dismissed” 18. In view of the above, we hold that the order passed by the Learned CIT(A) deleting penalty of INR. INR.1,76,210/- levied under Section 271

DCIT-3(1)(1), MUMBAI, MUMBAI vs. RELCON INFRAPROJECTS LTD., MUMBAI

Bench: SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

u/s 271(1)(c) of the Act is upheld. Accordingly, the grounds of the revenue are dismissed. 8. In the result, appeal of the revenue is dismissed” 18. In view of the above, we hold that the order passed by the Learned CIT(A) deleting penalty of INR. INR.1,76,210/- levied under Section 271

DCIT 3(1)(1),MUMBAI, MUMBAI vs. RELCON INFRAPROJECTS LTD, MUMBAI

Bench: SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

u/s 271(1)(c) of the Act is upheld. Accordingly, the grounds of the revenue are dismissed. 8. In the result, appeal of the revenue is dismissed” 18. In view of the above, we hold that the order passed by the Learned CIT(A) deleting penalty of INR. INR.1,76,210/- levied under Section 271

DCIT-3(1)(1), MUMBAI, MUMBAI vs. RELCON INFRAPROJECTS LTD., MUMBAI

Bench: SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

u/s 271(1)(c) of the Act is upheld. Accordingly, the grounds of the revenue are dismissed. 8. In the result, appeal of the revenue is dismissed” 18. In view of the above, we hold that the order passed by the Learned CIT(A) deleting penalty of INR. INR.1,76,210/- levied under Section 271

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

271(1)(c) of the Act are fulfilled. In view of\nthe above, the penalty in respect of interest and the excess\ndepreciation is also cancelled. The relevant grounds of the appeal of\nthe assessee are allowed.\n8. The grounds in respect of assessment year 2015-16 are\nreproduced as under:\n1. On the facts and circumstances of the case

DCIT, CENTRAL CIRCLE - 7(1), MUMBAI , MUMBAI vs. MANEESH PHARMACEUTICALS LIMITED, MUMBAI

In the result, appeal of the revenue is dismissed

Bench: Ms. Kavitha Rajagopal & Shri Girish Agrawalassessment Year: 2010-11 Deputy Commissioner Of Income Maneesh Pharmaceuticals Ltd., Tax, Vs. 29-33, Ancillary Industrial Central Circle – 7(1), Plots, Near M Ward, Mumbai Govandi, Mumbai – 400 043 (Pan : Aaacm3635Q) (Appellant) (Respondent) Present For: Assessee : Shri Jaypraksh Bairagra, Ca Revenue : Smt. Sanyogita Nagpal, Cit, Dr

271(1)(c) vide order dated 31.03.2022. The said penalty was levied in respect of transfer pricing adjustment of Rs.7,46,225/- and disallowance of deduction u/s.10B amounting to Rs.8,31,70,675/-. The Coordinate Bench of ITAT, Mumbai in assesse’s case (supra) had deleted the penalty in respect of transfer pricing adjustment. However, the matter was remanded back

R J CORPORATION,MUMBAI vs. INCOME TAX OFFICER, 42(1)(4), MUMBAI, MUMBAI

In the result, both the appeals of the assessee are allowed

Bench: SHRI SAKTIJIT DEY (Vice President), SHRI MAKARAND VASANT MAHADEOKAR (Accountant Member)

271(1)(c) were initiated in both the years and separate penalty orders dated 15.03.2019 were passed levying penalty at 100 percent of the tax sought to be evaded. 5. The assessee preferred appeals before the Ld. CIT(A), who, vide separate orders passed under section 250 of the Act, confirmed the penalties. The relevant particulars for each assessment year