CAPRICON REALTY LTD.,MUMBAI vs. ACIT CIR 2(1), MUMBAI

In the result, appeal of assessee is allowed

Bench: Shri Saktijit Dey & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 5724/Mum/2013 (नििाारण वर्ा / Assessment Year : 2005-06)

section 271(1)(c) in this case. Accordingly we set aside the order of CIT(A) and delete the penalty levied.” 7. Following the aforesaid precedent, which has been rendered under identical circumstances, we set-aside the order of CIT(A) and direct the Assessing Officer to delete the penalty imposed u/s 271

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

68,82,042/-. A revised return was filed on 01.06.1977 declaring loss of `26,46,947/- after claiming depreciation of Rs.3,05,93,292/- for the reason that it has withdrawn its claim of depreciation in respect of leased transaction of Bangalore Gases. The case was taken up for scrutiny and the assessment was completed under section

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

68,82,042/-. A revised return was filed on 01.06.1977 declaring loss of `26,46,947/- after claiming depreciation of Rs.3,05,93,292/- for the reason that it has withdrawn its claim of depreciation in respect of leased transaction of Bangalore Gases. The case was taken up for scrutiny and the assessment was completed under section

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

68,82,042/-. A revised return was filed on 01.06.1977 declaring loss of `26,46,947/- after claiming depreciation of Rs.3,05,93,292/- for the reason that it has withdrawn its claim of depreciation in respect of leased transaction of Bangalore Gases. The case was taken up for scrutiny and the assessment was completed under section

SURINCO WORKWEAR P. LTD,MUMBAI vs. ITO 8(3)(2), MUMBAI

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.1290/Mum/2017 (नििाारण वर्ा / Assessment Year : 2009-10 बिाम/ M/S. Surinco Workwear Ito 8(3)(2) Private Ltd., R.No. 412, 36, Marol Industrial Aayakar Bhavan, V. Estate, Mumbai 400021 M. Vasanji Road, Andheri (E), Mumbai-400 059 स्थायी ऱेखा सं./ Pan: Aaacs5694K (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Ms. Heena Sheth Revenue By: Shri. O.P Meena (Dr) सुनवाई की तारीख /Date Of Hearing : 04.02.2019 घोषणा की तारीख /Date Of Pronouncement : 01.05.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Assessee, Being Ita No. 1290/Mum/2017, Is Directed Against Appellate Order Dated 01.11.2016 In Appeal No. Cit(A)-18/It-126/Ito-8(3)(2)/14-15, Passed By Learned Commissioner Of Income Tax(Appeals)-18, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2009-10, The Appellate Proceedings Had Arisen Before Learned Cit(A) From The Penalty Order Dated 28.03.2014 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 271(1)(C) Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Ay 2009- 10. I.T.A. No.1290/Mum/2017

Section 274 of the 1961 Act is placed. It was submitted that the relevant column /limb under which penalty proceedings were invoked is not struck off in the said penalty notice dated 30.11.2011 issued by the AO u/s 271(1)(c) of the 1961 Act. On merit, it was submitted that there were additions made to income of the assessee

CHANDRU K MIRCHANDANI,MUMBAI vs. ITO 14(3)(3), MUMBAI

In the result, the assessee’s appeal for A

Bench: Shri Jason P. Boaz & Shri Sandeep Gosainshri Chandru K. Mirchandani Income Tax Officer-14(3)(3) C/O. Sorabi Hormusji & Co. 6Th Floor, Earnest House Vs. 22, Mangaldas Road Nariman Point Mumbai 400002 Mumbai 400021 Pan – Aftpm3209F Appellant Respondent

68,761/- (ii) Difference on Income from House Property of Hari Niwas property `6,28,866/- (iii) Expenses disallowed – claimed against interest income `3,04,293/- (iv) Society and maintenance charges disallowed 2.2 On appeal, the learned CIT(A) vide the impugned order dated 15.07.2014 deleted the penalty levied under section 271(1)(c) of the Act in respect

DCIT CC 7(2), MUMBAI, MUMBAI vs. M/S MAN INDUSTRIES (INDIA) LIMITED, MUMBAI

In the result, both the both the appeal of the Revenue are dismissed

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

section 68 of the Act. Man Industries (I) Ltd. ITA Nos. 617, 618 9.7 On perusal of the Para 3.2. of the order, it appears that the 9.7 On perusal of the Para 3.2. of the order, it appears that the 9.7 On perusal of the Para 3.2. of the order, it appears that the explanation provided by the appellant

DCIT CC-7(2), MUMBAI, MUMBAI vs. MAN INDUSTRIES (I) LTD., MUMBAI

In the result, both the both the appeal of the Revenue are dismissed

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

section 68 of the Act. Man Industries (I) Ltd. ITA Nos. 617, 618 9.7 On perusal of the Para 3.2. of the order, it appears that the 9.7 On perusal of the Para 3.2. of the order, it appears that the 9.7 On perusal of the Para 3.2. of the order, it appears that the explanation provided by the appellant

RAMACHANDRAN A. POTHI,MUMBAI vs. JCIT 24 (2), MUMBAI

The appeal of the assessee is allowed

Bench: Sri Mahavir Singh, Vp & Sri Manoj Kumar Aggarwal, Am आमकय अऩीर िं./ Ita No. 7268/Mum/2019 (ननधाायण वर्ा / Assessment Year 2009-10) Shri Ramachandran A Pothi The Jt. Commissioner Of 513, Laxmi Plaza, Laxmi Income Tax, Circle 24(2) फनाभ/ 4 Th Industrial Estate Andheri West, Room No.504, Floor, Mumbai-400 053 Piramal Chambers, Lalbaug, Vs. Mumbai-400 012 (अऩीराथी / Appellant) (प्रत्मथी/ Respondent) स्थामी रेखा िं./Pan No. Aacpp8620K अऩीराथी की ओय े/ Appellant By : Shri Rushabh Mehta, Ar प्रत्मथी की ओय े/ Respondent By : Shri Bharat Andhle, Sr. Ar ुनवाई की तायीख / Date Of Hearing: 02.08.2021 घोर्णा की तायीख / Date Of Pronouncement: 08.10.2021 आदेश / O R D E R भहावीय स िंह, उऩाध्मक्ष के द्वाया / Per Mahavir Singh, Vp: This Appeal Of The Assessee Is Arising Out Of Order Of The Commissioner Of Income Tax (Appeals)]-36, Mumbai [In Short Cit(A)], In Appeal No. Mumbai-36/11494/2016-17 Vide Dated 30.10.2019. The Assessment Was Framed By The Jt. Commissioner Of Income Tax, Circle 24(2), Mumbai (In Short Jcit/ Ao) For The A.Y. Shri Ramachandran A Pothi; Ay 09-10 2009-10 Vide Order Dated 29.11.2011 Under Section 143(3) Of The Income-Tax Act, 1961 (Hereinafter ‘The Act’).

section 68 of the Act. Penalty proceedings u/s 271(1)(c) are initiated for concealment of income.” 5. But no penalty

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)

section. No. express invocation of the Explanation to s. 271 in the notice under s. 271 is, in our view, necessary before the provisions of the Explanation therein are applied." 21. Here the assessing officer has dealt with at length the facts of the appellant's case and why the books of accounts were rejected. He has estimated the income

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)

section. No. express invocation of the Explanation to s. 271 in the notice under s. 271 is, in our view, necessary before the provisions of the Explanation therein are applied." 21. Here the assessing officer has dealt with at length the facts of the appellant's case and why the books of accounts were rejected. He has estimated the income

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

penalty u/s. 271(1)(c) of Rs. 5,68,596/- on the final addition sustained at Rs. 16,72,834/-. The ld. CIT(A) without discussing the issue on merits held that even in the case of an estimate, Explanation to Section

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

penalty u/s. 271(1)(c) of Rs. 5,68,596/- on the final addition sustained at Rs. 16,72,834/-. The ld. CIT(A) without discussing the issue on merits held that even in the case of an estimate, Explanation to Section

AJANTA PHARMA LTD,MUMBAI vs. DCIT CEN CIR 7(2), MUMBAI

In the result, appeal of the assessee is allowed, as above

Bench: Shri G.S. Pannu & Shri Ram Lal Negi: A.Y : 2012-13

section 271(1)(c) of the Act cannot be levied for the same.” 3. Although the appellant-assessee has raised multiple Grounds of appeal, the sum and substance of the dispute arises from the action of the Assessing Officer in levying penalty u/s 271(1)(c) of the Act amounting to Rs.7,36,12,079/-. At the time of hearing

ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE-3(4), MUMBAI, MUMBAI vs. RELIANCE INDUSTRIES LIMITED, MUMBAI

Accordingly.\n7. To sum-up, these Revenue's twin appeals ITA.Nos.1875 & 1872/Mum./2024 and assessee's cross objections C.O.Nos.88 & 89/MUM./2024 are dismissed in above terms

68,101/- as on 01.04.2012 related to capitalization of steel purchase in AY. 2003-04 was disallowed. Both the CIT(A) as well as ITAT upheld the disallowance on depreciation on steel purchase. Therefore, penalty proceedings u/s.271(1)(c) on the issue was rightly initiated.\nThe AO referred to the provisions of section 271

DCIT 3(3)(1), MUMBAI vs. RELIANCE GENERAL INSURANCE COMPANY LTD, MUMBAI

The appeal of the revenue is dismissed in terms of our aforesaid observations

Bench: Shri Rajendra, Am & Shri Ravish Sood, Jm Ita Nos. 7245 To 7249/Mum/2016 (निर्धारण वषा / Assessment Year:2007-08 To 2011-12) Dcit-3(3)(1), M/S Reliance General Room No.609, 6Th Floor, Insurance Company Ltd. बिधम/ Aayakar Bhavan, M.K. Road 570, Rectifier House, Naigum Mumbai-400 020 Cross Road, Next To Royal Vs. Industrial Estate, Mumbai-400 031 स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aabcr6747B (अऩीराथी /Revenue) (प्रत्मथी / Assessee) :

u/s. 148 and had the notice not been issued, the assessee would not have disclosed/revised its return of income. 2. The appellant prays that the order of CIT(A) on the above ground be set aside and that of the Assessing Officer be restored. 3. The appellant craves leave to amend or alter any ground or add a new ground

DCIT 3(3)(1), MUMBAI vs. RELIANCE GENERAL INSURANCE COMPANY LTD, MUMBAI

The appeal of the revenue is dismissed in terms of our aforesaid observations

Bench: Shri Rajendra, Am & Shri Ravish Sood, Jm Ita Nos. 7245 To 7249/Mum/2016 (निर्धारण वषा / Assessment Year:2007-08 To 2011-12) Dcit-3(3)(1), M/S Reliance General Room No.609, 6Th Floor, Insurance Company Ltd. बिधम/ Aayakar Bhavan, M.K. Road 570, Rectifier House, Naigum Mumbai-400 020 Cross Road, Next To Royal Vs. Industrial Estate, Mumbai-400 031 स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aabcr6747B (अऩीराथी /Revenue) (प्रत्मथी / Assessee) :

u/s. 148 and had the notice not been issued, the assessee would not have disclosed/revised its return of income. 2. The appellant prays that the order of CIT(A) on the above ground be set aside and that of the Assessing Officer be restored. 3. The appellant craves leave to amend or alter any ground or add a new ground

DCIT 3(3)(1), MUMBAI vs. RELIANCE GENERAL INSURANCE COMPANY LTD, MUMBAI

The appeal of the revenue is dismissed in terms of our aforesaid observations

Bench: Shri Rajendra, Am & Shri Ravish Sood, Jm Ita Nos. 7245 To 7249/Mum/2016 (निर्धारण वषा / Assessment Year:2007-08 To 2011-12) Dcit-3(3)(1), M/S Reliance General Room No.609, 6Th Floor, Insurance Company Ltd. बिधम/ Aayakar Bhavan, M.K. Road 570, Rectifier House, Naigum Mumbai-400 020 Cross Road, Next To Royal Vs. Industrial Estate, Mumbai-400 031 स्थामी रेखा सं./ जीआइआय सं./ Pan No. Aabcr6747B (अऩीराथी /Revenue) (प्रत्मथी / Assessee) :

u/s. 148 and had the notice not been issued, the assessee would not have disclosed/revised its return of income. 2. The appellant prays that the order of CIT(A) on the above ground be set aside and that of the Assessing Officer be restored. 3. The appellant craves leave to amend or alter any ground or add a new ground