ACIT CEN CIR 34, MUMBAI vs. JATIN J.SHAH, MUMBAI

In the result, all appeals of the revenue are dismissed

penalty u/s. 271(1)(c) is not leviable. The ratio of this judgment is return, which lead to issue of notice u/s. 148. The fact remain that the appellant has filed return voluntarily and declared income surrendered during survey u/s. 133A

ACIT CEN CIR 34, MUMBAI vs. JAY FAB, MUMBAI

In the result, all appeals of the revenue are dismissed

penalty u/s. 271(1)(c) is not leviable. The ratio of this judgment is return, which lead to issue of notice u/s. 148. The fact remain that the appellant has filed return voluntarily and declared income surrendered during survey u/s. 133A

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)

penalty levied by the AO u/s 271(1)(c) of the 1961 Act both on merits and on legal grounds, vide appellate order dated. 22.08.2017. 9. Aggrieved by the appellate order dated 22.08.2017 passed by learned CIT(A) , the assessee has now filed an appeal with tribunal. The contentions are raised by learned counsel for the assessee that assessee

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)

penalty levied by the AO u/s 271(1)(c) of the 1961 Act both on merits and on legal grounds, vide appellate order dated. 22.08.2017. 9. Aggrieved by the appellate order dated 22.08.2017 passed by learned CIT(A) , the assessee has now filed an appeal with tribunal. The contentions are raised by learned counsel for the assessee that assessee

SUCCESS DEVELOPERS P.LTD,MUMBAI vs. DCIT CEN CIR 10, MUMBAI

Bench: Shri R. C. Sharma, Am & Shri Sandeep Gosain, Jm आयकरअपीलसं./ I.T.A. No. 5608/Mum/2015 (निर्धारणवर्ा / Assessment Year: 2011-12)

survey u/s 133A, it would automatically follow that income had been concealed in the return of income filed, the assessment whereof was completed on 28th March, 2013. The provisions of sub-section 1 of section 271 suggest that if the assessee furnishes inaccurate particulars coupled with absence and satisfactory explanation, that would per se make assessee liable

SANDEEP BHIMRAO LAD,MUMBAI vs. DCIT CIRCLE-3, THANE

Bench: Shri S. Rifaur Rahman, Am & Shri Ram Lal Negi, Jm आयकरअपीलसं./ I.T.A. No. 1620/Mum/2018 (निर्धारणवर्ा / Assessment Year: 2009-10)

u/s 271(1)(c) could be levied in case of loss return 6. MAK Data P. Ltd vs. CIT f38 taxmann.com 448 (SC)/[2013] 358 ITR 593 (SC)/[2013]263 CTR11 Where Hon'ble Supreme Court held that Under Explanation 1 to s. 271(1)(c), voluntary disclosure of concealed income does not absolve assessee of s. 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 271(1)(c) of the Act is liable to P a g e | 28 ITA Nos. 7245 to 7249/Mum/2016- A.Y. 2007-08 to 2011-12 DCIT Vs. M/s Reliance General Insurance Company Ltd. be deleted. We hold so. Since the penalty has been deleted on the preliminary point, the other arguments raised by the appellant are not being

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 271(1)(c) of the Act is liable to P a g e | 28 ITA Nos. 7245 to 7249/Mum/2016- A.Y. 2007-08 to 2011-12 DCIT Vs. M/s Reliance General Insurance Company Ltd. be deleted. We hold so. Since the penalty has been deleted on the preliminary point, the other arguments raised by the appellant are not being

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 271(1)(c) of the Act is liable to P a g e | 28 ITA Nos. 7245 to 7249/Mum/2016- A.Y. 2007-08 to 2011-12 DCIT Vs. M/s Reliance General Insurance Company Ltd. be deleted. We hold so. Since the penalty has been deleted on the preliminary point, the other arguments raised by the appellant are not being

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 271(1)(c) of the Act is liable to P a g e | 28 ITA Nos. 7245 to 7249/Mum/2016- A.Y. 2007-08 to 2011-12 DCIT Vs. M/s Reliance General Insurance Company Ltd. be deleted. We hold so. Since the penalty has been deleted on the preliminary point, the other arguments raised by the appellant are not being

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 271(1)(c) of the Act is liable to P a g e | 28 ITA Nos. 7245 to 7249/Mum/2016- A.Y. 2007-08 to 2011-12 DCIT Vs. M/s Reliance General Insurance Company Ltd. be deleted. We hold so. Since the penalty has been deleted on the preliminary point, the other arguments raised by the appellant are not being

SAROJ ANIL STEEL P.LTD,THANE vs. ITO WD 3(2), THANE

In the result, both the appeals filed by the assessee are allowed

Bench: Shri Mahavir Singh() & Shri G Manjunatha ()

survey action conducted u/s 133A where it was noticed that the assessee was involved in providing accommodation entries without actual delivery of goods for which the AO has assessed income by estimating the profit from total turnover for which the assessee has not offered any explanation. Therefore, the AO was right in levying penalty u/s 271

MUTHA PARASRAM DHANAJI & CO,KALYAN vs. DCIT CEN CIR 1, THANE

In the result, appeal filed by the assessee is allowed

Bench: Shri Sandeep Gosain & Shri G. Manjunatha

133A and also search action u/s 132 was carried out at the residential premises of the partners on 07/12/2006. Consequent to search and survey, the assessee has filed its return on income for Assessment Year 2004-05 on 30/05/2008, declaring total income at Rs.1,01,370/-. The assessment has been completed u/s 143(3) r.w.s 153A

MUTHA PARASRAM DHANAJI & CO,KALYAN vs. DCIT CEN CIR 1, THANE

In the result, appeal filed by the assessee is allowed

Bench: Shri Sandeep Gosain & Shri G. Manjunatha

133A and also search action u/s 132 was carried out at the residential premises of the partners on 07/12/2006. Consequent to search and survey, the assessee has filed its return on income for Assessment Year 2004-05 on 30/05/2008, declaring total income at Rs.1,01,370/-. The assessment has been completed u/s 143(3) r.w.s 153A

MUTHA PARASRAM DHANAJI & CO,KALYAN vs. DCIT CEN CIR 1, THANE

In the result, appeal filed by the assessee is allowed

Bench: Shri Sandeep Gosain & Shri G. Manjunatha

133A and also search action u/s 132 was carried out at the residential premises of the partners on 07/12/2006. Consequent to search and survey, the assessee has filed its return on income for Assessment Year 2004-05 on 30/05/2008, declaring total income at Rs.1,01,370/-. The assessment has been completed u/s 143(3) r.w.s 153A

D G LAND DEVELOPERS PRIVATE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -4(4), MUMBAI, MUMBAI

In the result, the appeals of the assessee for assessment year

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh ()

penalty proceedings u/s 274 r.w.s 271(1)c) of the Act be dropped. 9. The Ld. CIT (A) has erred upholding th The Ld. CIT (A) has erred upholding the action of AO in levying e action of AO in levying interest u/s 234A of the Act of Rs. 47,630/ interest u/s 234A

D G LAND DEVELOPERS PRIVATE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -4(4), MUMBAI, MUMBAI

In the result, the appeals of the assessee for assessment year

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh ()

penalty proceedings u/s 274 r.w.s 271(1)c) of the Act be dropped. 9. The Ld. CIT (A) has erred upholding th The Ld. CIT (A) has erred upholding the action of AO in levying e action of AO in levying interest u/s 234A of the Act of Rs. 47,630/ interest u/s 234A

D G LAND DEVELOPERS PRIVATE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -4(4), MUMBAI, MUMBAI

In the result, the appeals of the assessee for assessment year

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh ()

penalty proceedings u/s 274 r.w.s 271(1)c) of the Act be dropped. 9. The Ld. CIT (A) has erred upholding th The Ld. CIT (A) has erred upholding the action of AO in levying e action of AO in levying interest u/s 234A of the Act of Rs. 47,630/ interest u/s 234A