DCIT - (LTU) - 1 , MUMBAI vs. RELIANCE INDUSTRIES LTD., MUMBAI

In the result, the appeals filed by the Revenue and Cross Objections filed by the assessee are dismissed

Bench: Shri G. Manjunatha & Shri Ravish Sood

48,58,500/- which is ITA Nos. 6267 to 6269/Mum/2018 & CO Nos. 243 to 245/Mum/2019 equal to 100% of tax sought to be evaded for furnishing inaccurate particulars of income. 6. Aggrieved by the penalty order, the assessee preferred an appeal before the CIT(A). Before the CIT(A), the assessee has challenged levy of penalty u/s 271

ELENJICKAMALIL V. THOMAS,NAVI MUMBAI vs. DCIT 22(3), MUMBAI

In the result, appeal of the assessee in ITA no

Bench: Shri Mahavir Singh & Shri Ramit Kocharआमकय अऩीर सं/.I.T.A. No.2647/Mum/2017 (नििाारण वषा / Assessment Year : (2009-10) बिाम / Elenjickamalil V. Thomas Dcit 22(3) 212, Vardhaman Chambers, Mumbai Sector-17, Vashi, V. Navi Mumbai – 400 703 स्थामी रेखा सं/.Pan: Aacpe7339L (अऩीराथी / Appellant) (प्रत्मथी / Respondent) ..

Section 292B and 29BB of the 1961 Act. Thus, keeping in view factual matrix of the ground, this legal ground is also adjudicated against the assessee. Thus, the assessee fails on both legal ground as well on merits of the issue with respect to deposit of cash of Rs. 3,00,000/- in bank account for which penalty as levied

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

u/s 271(1)(c) of the Act.” 6. The learned D.R. has also referred to pages 11 & 13 as well as page 19 of the said order and on that basis he submitted that no doubt clause (c) of Section 271(1)(c) deals with two specific offences, i.e. concealment of particulars of income and furnishing of inaccurate particulars

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

u/s 271(1)(c) of the Act.” 6. The learned D.R. has also referred to pages 11 & 13 as well as page 19 of the said order and on that basis he submitted that no doubt clause (c) of Section 271(1)(c) deals with two specific offences, i.e. concealment of particulars of income and furnishing of inaccurate particulars

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

u/s 271(1)(c) of the Act.” 6. The learned D.R. has also referred to pages 11 & 13 as well as page 19 of the said order and on that basis he submitted that no doubt clause (c) of Section 271(1)(c) deals with two specific offences, i.e. concealment of particulars of income and furnishing of inaccurate particulars

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

u/s 271(1)(c) of the Act.” 6. The learned D.R. has also referred to pages 11 & 13 as well as page 19 of the said order and on that basis he submitted that no doubt clause (c) of Section 271(1)(c) deals with two specific offences, i.e. concealment of particulars of income and furnishing of inaccurate particulars

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

u/s 271(1)(c) of the Act.” 6. The learned D.R. has also referred to pages 11 & 13 as well as page 19 of the said order and on that basis he submitted that no doubt clause (c) of Section 271(1)(c) deals with two specific offences, i.e. concealment of particulars of income and furnishing of inaccurate particulars

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

u/s 271(1)(c) of the Act.” 6. The learned D.R. has also referred to pages 11 & 13 as well as page 19 of the said order and on that basis he submitted that no doubt clause (c) of Section 271(1)(c) deals with two specific offences, i.e. concealment of particulars of income and furnishing of inaccurate particulars

MAHESH M. GANDHI,MUMBAI vs. ACIT 20(2), MUMBAI

In the result, appeal filed by the assessee in ITA No

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.2976/Mum/2016 ("नधा"रण वष" / Assessment Year : 2011-12) Shri Mahesh M. Gandhi, Asst. Commissioner Of बनाम/ 303/304, Sholay Income Tax – 20(2), V. Apartments, Mumbai. Raheja Complex, Seven Bungalows, Versova, Andheri (W), Mumbai – 400 061. "थायी लेखा सं./Pan : Aabpg3545P (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

Section 271(1)(c) of the Act with respect to both the additions made in the assessment order dated 20-02-2014 passed u/s 143(3) of the Act which shows application of mind by the AO , wherein the AO recorded as under : “5…. *** *** The assessee has vide letter dated 18.02.2014 filed revised computation of income offering

PRECISION CONTANEURS LTD (FORMERLY KNOWN AS VASPARR FISCHE LTD ),MUMBAI vs. ASST CIT CIR 9(3), MUMBAI

In the result, the assessee’s appeals for assessment years 1996-97

Bench: Shri Jason P. Boaz & Shri Amarjit Singh

u/s. 271(1)(c) of the I.T. Act, 1961 in relation to the additions of `24,57,792/- and `6,31,682, being prior period expenses and disallowance of interest respectively, overlooking the fact that the assessee had not offered any credible explanation in respect of these additions and the assessee’s case was distinguishable on facts from those

PRECISION CONTANEURS LTD (FORMERLY KNOWN AS VASPARR FISCHE LTD ),MUMBAI vs. ASST CIT CIR 9(3), MUMBAI

In the result, the assessee’s appeals for assessment years 1996-97

Bench: Shri Jason P. Boaz & Shri Amarjit Singh

u/s. 271(1)(c) of the I.T. Act, 1961 in relation to the additions of `24,57,792/- and `6,31,682, being prior period expenses and disallowance of interest respectively, overlooking the fact that the assessee had not offered any credible explanation in respect of these additions and the assessee’s case was distinguishable on facts from those

ACIT. CIR.-9(3), MUMBAI vs. M/S VASPARR FISCHER LTD. (NOW M/S. PRESIDENT CONTAINERS LTD.), MUMBAI

In the result, the assessee’s appeals for assessment years 1996-97

Bench: Shri Jason P. Boaz & Shri Amarjit Singh

u/s. 271(1)(c) of the I.T. Act, 1961 in relation to the additions of `24,57,792/- and `6,31,682, being prior period expenses and disallowance of interest respectively, overlooking the fact that the assessee had not offered any credible explanation in respect of these additions and the assessee’s case was distinguishable on facts from those

AUTORIDERS INDIA P. LTD,MUMBAI vs. ASST CIT 9(1), MUMBAI

In the result, all the three appeals filed by the assessee are allowed, as above

Bench: D.T. Garasia & Shri G. Manjunathaassessment Year: 1997-98 Assessment Year: 1999-2000 Assessment Year: 2004-05 M/S. Autoriders India Pvt. Ltd., The Asst. Comm. Of Income 4-A, Vikas Centre, Tax-9(1), 104 S.V. Road, Vs. Aayakar Bhavan, Santacruz, Mumbai Mumbai – 400 054 Pan: Aaaca8939R (Appellant) (Respondent) Present For: Assessee By : Shri Vijay Mehta, A.R. Revenue By : Shri R.P. Meena, D.R. & Shri Rajesh Kumar Yadav, D.R. Date Of Hearing : 10.11.2017 Date Of Pronouncement : 17.11.2017 O R D E R

SECTION 271 OF THE INCOME-TAX ACT, 1961. Penalty u/s. 271(1)(c) Office of the PEN/32/PG.31 Dy.Commissioner of Income Tax- i 3(1)(2) 2014-05 Room No.218, 2'' floor, Aayakar Bhavan, Mumbai - 20. PAN: AAFCP8573K Date: 11-03-2015 To, The Principal Officer, M/S PRINCE CONSULTANCY PVT. LTD., 1203, EMP 48

AUTORIDERS INDIA P. LTD,MUMBAI vs. ASST CIT 9(1), MUMBAI

In the result, all the three appeals filed by the assessee are allowed, as above

Bench: D.T. Garasia & Shri G. Manjunathaassessment Year: 1997-98 Assessment Year: 1999-2000 Assessment Year: 2004-05 M/S. Autoriders India Pvt. Ltd., The Asst. Comm. Of Income 4-A, Vikas Centre, Tax-9(1), 104 S.V. Road, Vs. Aayakar Bhavan, Santacruz, Mumbai Mumbai – 400 054 Pan: Aaaca8939R (Appellant) (Respondent) Present For: Assessee By : Shri Vijay Mehta, A.R. Revenue By : Shri R.P. Meena, D.R. & Shri Rajesh Kumar Yadav, D.R. Date Of Hearing : 10.11.2017 Date Of Pronouncement : 17.11.2017 O R D E R

SECTION 271 OF THE INCOME-TAX ACT, 1961. Penalty u/s. 271(1)(c) Office of the PEN/32/PG.31 Dy.Commissioner of Income Tax- i 3(1)(2) 2014-05 Room No.218, 2'' floor, Aayakar Bhavan, Mumbai - 20. PAN: AAFCP8573K Date: 11-03-2015 To, The Principal Officer, M/S PRINCE CONSULTANCY PVT. LTD., 1203, EMP 48

AUTORIDERS INDIA P. LTD,MUMBAI vs. ASST CIT 9(1), MUMBAI

In the result, all the three appeals filed by the assessee are allowed, as above

Bench: D.T. Garasia & Shri G. Manjunathaassessment Year: 1997-98 Assessment Year: 1999-2000 Assessment Year: 2004-05 M/S. Autoriders India Pvt. Ltd., The Asst. Comm. Of Income 4-A, Vikas Centre, Tax-9(1), 104 S.V. Road, Vs. Aayakar Bhavan, Santacruz, Mumbai Mumbai – 400 054 Pan: Aaaca8939R (Appellant) (Respondent) Present For: Assessee By : Shri Vijay Mehta, A.R. Revenue By : Shri R.P. Meena, D.R. & Shri Rajesh Kumar Yadav, D.R. Date Of Hearing : 10.11.2017 Date Of Pronouncement : 17.11.2017 O R D E R

SECTION 271 OF THE INCOME-TAX ACT, 1961. Penalty u/s. 271(1)(c) Office of the PEN/32/PG.31 Dy.Commissioner of Income Tax- i 3(1)(2) 2014-05 Room No.218, 2'' floor, Aayakar Bhavan, Mumbai - 20. PAN: AAFCP8573K Date: 11-03-2015 To, The Principal Officer, M/S PRINCE CONSULTANCY PVT. LTD., 1203, EMP 48

DCIT CC 3(4) CEN RG 3, MUMBAI vs. LAXMICHAND D. ROHIRA, MUMBAI

In the result, the appeals of the revenue are hereby dismissed and cross-objections filed by the assessee are hereby ordered to be allowed

Bench: Shri R.C. Sharma, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. Nos.1178 To 1184/Mum/2016 (निर्धारण वर्ा / Assessment Years: 2002-03, 2003-04, 2004-05, 2005-06, 2006-07, 2008-09 & 2007-08) Dy. Cit Cc-3(4) Central बिधम/ Shri Lakhmichand D. Rohira, 2301, Dheeraj Heigh Range-3 Vs. Gaurav, New Link Rd, Room No. 1915, 19Th Floor, Andheri (W), Mumbai- Air India Bldg, Nariman 400053. Point, Mumbai-400021. Co. Nos. 250 To 256/Mum/2017 (Arising Out Of Ita. Nos.1183, 1178, 1179, 1180, 1181 1182 & 1184/M/2016) (निर्धारण वर्ा / Assessment Years: 2008-09, 2002-03, 2003-04, 2004-05, 2005-06, 2006-07& 2007-08) बिधम/ Shri Lakhmichand D. Dy. Cit Cc-3(4) Central Rohira, 2301, Dheeraj Heigh Range-3 Vs. Gaurav, New Link Rd, Room No. 1915, 19Th Floor, Andheri (W), Mumbai- Air India Bldg, Nariman 400053. Point, Mumbai-400021. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Adnpr6420M (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Chaitanya Anjaria (Dr) Assessee By: Shri Vimal Punmiya (Ar) सुनवाई की तारीख / Date Of Hearing: 05.09.2018 घोषणा की तारीख /Date Of Pronouncement: 24.09.2018

48,050/- 2005-06 18,29,200/- 2006-07 14,75,000/- 2007-08 10,81,250/- 2008-09 1,94,300/- 10. Thus it is not denied that ultimately the addition sustained in the hands of the assessee are based on estimate. We noted further that in each of the cases, the AO initiated penalty proceedings under Section 271

PRINCE CONSULTANCY P. LTD.,MUMBAI vs. DCIT - 13(1)(2), MUMBAI

In the result, the assessee’s appeal for A

Bench: Shri Jason P. Boaz & Shri Ramlal Negi

SECTION 271 OF THE INCOME-TAX ACT, 1961. Penalty u/s. 271(1)(c) Office of the PEN/32/PG.31 Dy.Commissioner of Income Tax- i 3(1)(2) Room No. 218, 2'' floor, 2014-05 Aayakar Bhavan, Mumbai - 20. PAN: AAFCP8573K Date: 11-03-2015 To, The Principal Officer, M/S PRINCE CONSULTANCY PVT. LTD., 1203, EMP 48

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

48,61,79,000/- pertaining to exception items written off during the relevant previous year. As per paragraph 4.2, 5.7, and 8.2 of the Assessment Order, penalty proceedings under Section 271(1)(c) of the Act were initiated for furnishing inaccurate particular of income in respect of (a), (b) and (e) above. Whereas, penalty proceedings under Section 271