ASSISTANT COMMISSIONER OF INCOME TAX , CHANDRAPUR CIRCLE , CHANDRAPUR vs. M/S CHANDRAPUR DISTRICT CENTRAL CO-OPRATIVE BANK LIMTED , CHANDRAPUR

In the result, appeal filed by the Revenue is allowed for statistical purposes

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

u/s 36(1)(viia) of I.T. Act 1961 on account of non- provisions of the same in books of account. The relevant observations from the decision are reproduced herein under for reference. "Whether the Hon'ble ITAT has erred in law in deleting the penalty levied by the Assessing Officer under section 274 read with section Income Tax Act?" 271

DEPUTY COMMISSIONER OF INCOME TAX, AMRAVATI & CHANDRAPUR CIRCLE, AMRAVATI vs. CHANDRAPUR DISTRICT CENTRAL CO-OP BANK LTD., CHANDRAPUR

In the result, appeal filed by the Revenue is allowed for statistical purposes

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

u/s 36(1)(viia) of I.T. Act 1961 on account of non- provisions of the same in books of account. The relevant observations from the decision are reproduced herein under for reference. "Whether the Hon'ble ITAT has erred in law in deleting the penalty levied by the Assessing Officer under section 274 read with section Income Tax Act?" 271

M/S NAVAL K AGARWAL,NAGPUR vs. ASSTT.COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE-1(1), NAGPUR

In the result, this appeal by the assessee is allowed

Bench: Shri Shamim Yahya & Shri Ram Lal Negi..

271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub- section (1). (4) The provisions of sections 274 and 275 shall, so far as may be, apply in relation to the penalty referred to in this section. Explanation.—For the purposes of this section,— (a ) "undisclosed income" means— (i) any income

M/S FUEL CORPORATION OF INDIA,NAGPUR vs. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(1), NAGPUR

In the result, assessee’s appeal is ordered to be allowed

Bench: Shri P.K. Bansal & Shri Amarjit Singh

271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1). (4) The provisions of sections 274 and 275 shall, so far as may be, apply in relation to the penalty referred to in this section. Explanation.—For the purposes of this section,— (a) "undisclosed income" means— (i) any income

GIRDHARILAL MOTILAL AGRAWAL,BULDANA vs. ITO WARD-1, KHAMGAON, KHAMGAON

In the result, appeal filed by the assessee is allowed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

u/s 250 of the Act is bad in law. 2. Whether on the facts and in law, the learned CIT(A) erred in upholding action of learned AO in levying penalty under section 271(1)(c) of Rs. 5,48,421/-. 2 Girdharilal Motilal Agrawal 3. Whether on the facts and in law, the notice issued for levy of penalty

M/S ABHIJIT CONSTRUCTION CO.,NAGPUR vs. A,C.I.T CENT CIR. 1(4), NAGPUR

In the result, assessee’s appeal for the assessment year 2007–08

Bench: Shri P.K. Bansal & Shri Amarjit Singh

u/s 143(3) r/w section 153A of the Act. Assessee agreed to pay tax to buy peace and avoid litigation. Assessee has not claimed that entry in document represents its income. Explanation 5A is not applicable in the case of assessee hence, the assessee cannot be visited with penalty under section 271(1)(c) of the Act. Penalty exigible only

CHANDRA SURESH KOTHARI,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, NAGPUR

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

Bench: Shri Sandeep Gosain, Jm & Shri O.P. Kant, Am

274, the AO has to come to conclusion as to whether it is concealment of income or furnishing of inaccurate particulars of income and sending printed forms where all grounds as mentioned in section 271 were mentioned would not satisfy requirement of Law. The Hon’ble Apex Court in the case of CIT & Anr. SSA’s Emerald Meadows

CHANDRA SURESH KOTHARI,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(2), NAGPUR

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

Bench: Shri Sandeep Gosain, Jm & Shri O.P. Kant, Am

274, the AO has to come to conclusion as to whether it is concealment of income or furnishing of inaccurate particulars of income and sending printed forms where all grounds as mentioned in section 271 were mentioned would not satisfy requirement of Law. The Hon’ble Apex Court in the case of CIT & Anr. SSA’s Emerald Meadows

SHRI RAJESH MOOLCHAND DAYARAMANI,,NAGPUR vs. ACIT-CIRCLE-8,, NAGPUR

In the result, assessee’s appeal is allowed

Bench: Shri P.K. Bansal & Shri Amarjit Singh

section 274 r.w.s. 271(1)(c) of the Act dated 30/12/2010 without striking off the irrelevant words, 9 Shri Rajesh Moolchand Dayaramani the penalty proceedings show a non-application of mind by the Assessing Officer and is, thus, unsustainable. We hold so.” 9. The ratio laid down by the Hon’bleITAT Mumbai reproduced hereinabove squarely applies to facts in case

ASHWINKUMAR KAILASHCHAND BAJORIYA,AKOLA vs. INCOME TAX OFFICER, WARD -1-1, AKLO

The appeal of the assessee is ALLOWED

Bench: Shri Satbeer Singh Godara & Shri G. D. Padmahshali(Through Virtual Hearing From Pune) आयकर अपऩल सं. / Ita No. 060/Nag/2022 निर्धारण वषा / Assessment Year : 2016-17 Ashwinkumar Kailashchand Bajoriya, Murtizapur Road, Akola - 444 004 Pan: Abjpb6524E . . . . . . . अपऩलधर्थी / Appellant

274 r.w.s. 271(1)(b) of the Act, and thereby granted an opportunity to explain the reasoning beyond his non- compliance. Appellant’s submission that ‘he was busy with time barring tax audit till 31/10/2018’ did failed to impress the Ld. AO, which resulted in levying impugned penalty of ₹10,000/- u/s 271(1)(b) of the Act. 2.3 Aforestated

ALFIYA AYAZALI SAYYAD,NAGPUR vs. INCOME TAX OFFICER, WARD-2(2), NAGPUR

In the result, appeal filed by the assessee is allowed

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

penalty levied by the learned AO of Rs.45,00,000/- under section 271(1)(c) of the Act. 2. Whether in the facts and circumstances, the learned AO erred. in not recording proper satisfaction in the show cause notice issued u/s 274

ACIT ,CIRCLE (EXEMPTION ),NAGPUR , NAGPUR vs. M/S SIPNA SHIKSHAN PRASARAK MANDAL ,AMRAVAI , AMRAVATI

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

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2013-14 The Acit, Vs. M/S. Sipnashikshan Prasarak Mandal Circle (Exemption), Badnera Road Amravati Amravati Pan No.:Aacts 1266 J Appellant Respondent Revenue By :Shripiyushkolhe (Cit-Dr) Assessee By: Shrihimeshdemble (Ca) Date Of Hearing: 26/04/2022 Date Of Pronouncement: 28/06/2022 Order Per: Sandeep Gosain, J.M. This Appeal Has Been Filed By The Department Against The Order Of The Ld. Cit (A)-4, Nagpur Dated 27/03/2017 Passed U/S 143(3) Of The Income Tax Act, 1961 For The A.Y. 2013-14 Wherein The Department Has Raised The Following Grounds Of Appeal.

penalty u/s. 271(1)(C) being premature is not being adjudicated. 17. As a result, the appeal filed by the appellant is allowed.’’ 2.3 During the course of hearing, the ld. DR strongly relied on the order of the AO 2.4 On the other hand, the ld. AR of the assessee relied on the order

INOCME TAX OFFICER , WARD 1(5), NAGPUR vs. VIDARBHA KONKAN GRAMIN BANK , NAGPUR

In the result, appeals filed by the Revenue for A

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

u/s 41(4) ` 1,92,31,029 5. Disallowance of interest accrued ` 10,87,720 6. Disallowance 5. The Assessing Officer dealt with the issue of interest accrued but not due which are as under:– “5. Interest accrued but not due: On verification of computation of income of the assessee bank it was observed that the assessee has claimed deduction

INOCME TAX OFFICER , WARD 1(5), NAGPUR vs. VIDARBHA KONKAN GRAMIN BANK , NAGPUR

In the result, appeals filed by the Revenue for A

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

u/s 41(4) ` 1,92,31,029 5. Disallowance of interest accrued ` 10,87,720 6. Disallowance 5. The Assessing Officer dealt with the issue of interest accrued but not due which are as under:– “5. Interest accrued but not due: On verification of computation of income of the assessee bank it was observed that the assessee has claimed deduction

SHRI SANJAY DHANRAJ JAIN,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), NAGPUR

In the result, assessee' appeal for A

271(1)(c) Tribunal deleted the impugned addition as well as the penalty imposed on the grounds that (i) assessee have given the names and addresses of the creditors, (ii) it had also produced before ITO letters of confirmation, the discharged hundis and particulars of the different creditors including their general index numbers with the Income-tax Department

SHRI SANJAY DHANRAJ JAIN,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), NAGPUR

271(1)(c)\nTribunal deleted the impugned addition as well as the penalty imposed on the\ngrounds that (i) assessee have given the names and addresses of the creditors,\n(ii) it had also produced before ITO letters of confirmation, the discharged\nhundis and particulars of the different creditors including their general index\nnumbers with the Income-tax Department

D.C.I.T. AMRAVATI CIRCLE, AMARAVATI vs. THE AMRAVATI ZILLA PARISHAD SHIKSHAK SAHAKARI BANK LTD., AMARAVATI

Appeal is dismissed in above terms

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

penalty of Rs.82,73,704/- imposed u/s 271(1)(c) by the Assessing Officer’s corresponding order dated 06.09.2016 and reversed in the CIT(A)’s lower appellate discussion, we note at the outset that the former’s show cause notice issued 2 ITA.No.239/Nag./2018 DCIT vs. The Amravati Zilla Parishad Shikshak Sahakari Bank Ltd. under Section 274

SHRI SANJAY DHANRAJ JAIN,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), NAGPUR

In the result, assessee' appeal for A

271(1)(c)\nTribunal deleted the impugned addition as well as the penalty imposed on the\ngrounds that (i) assessee have given the names and addresses of the creditors,\n(ii) it had also produced before ITO letters of confirmation, the discharged\nhundis and particulars of the different creditors including their general index\nnumbers with the Income-tax Department