EID PARRY (INDIA) LTD.,BELAGAVI vs. ADDITIONAL COMMISSIONER OF INCOME TAX, TDS RANGE, PANAJI, PANAJI

The appeals of the assessee are allowed in term of aforesaid observation

Bench: Shri Ravish Sood & Shri Jamlappa D. Battullआयकर अपील सं. / Ita No. : 35 To 40/Pan/2019 करधििाारण वर्ा / Assessment Year : 2011-2012 To 2016-2017 M/S Eid Parry India Limited Khanpet, Trogal,Tal. : Ramdurg, Dist. : Belagavi, Karnataka Pan: Aaace 0702 C Tan:Blre 08509 E . . . . . . . अपीलार्थी / Appellant बिाम / V/S Income Tax Officer (Tds) Ward-1, Belagavi, Dist. : Belagavi, Karnataka . . . . . . . प्रत्यर्थी / Respondent द्वारा / Appearances Assessee By : Mr Philip George Revenue By : Shri Sourabh Nayak सुनवाई की तारीख / Date Of Conclusive Hearing : 24/02/2022 घोषणा की तारीख / Date Of Pronouncement : 19/04/2022 आदेश / Order Per Bench; These Present Appeals Filed By The Appellant Assessee Are Directed Against The Orders Of Commissioner Of Income Tax- Appeals, Belagavi [For Short “Cit(A)”] Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”], Which In Turn Ascended Out Of Orders Of The Addl. Commissioner Of Income Tax-Tds Range, Panaji [For Short “Ao”] Passed U/S 271C Of The Act, For Six Assessment Years [For Short “Ay”] 2011-2012 To 2016-2017. Itat-Panaji Page 1 Of 18

1) and 201(1A) of the Act, Ld. ITO-TDS held the appellant company as “deemed to be an assessee in default”, for the six years and consequently the penalty proceedings u/s 271 of chapter XVII-B were initiated by service of show cause notice [for short “SCN”] dt 16/07/2019 by the Ld. AO. ITAT-Panaji Page

EID PARRY (INDIA) LTD.,BELAGAVI vs. ADDITIONAL COMMISSIONER OF INCOME TAX, TDS RANGE, PANAJI, PANAJI

The appeals of the assessee are allowed in term of aforesaid observation

Bench: Shri Ravish Sood & Shri Jamlappa D. Battullआयकर अपील सं. / Ita No. : 35 To 40/Pan/2019 करधििाारण वर्ा / Assessment Year : 2011-2012 To 2016-2017 M/S Eid Parry India Limited Khanpet, Trogal,Tal. : Ramdurg, Dist. : Belagavi, Karnataka Pan: Aaace 0702 C Tan:Blre 08509 E . . . . . . . अपीलार्थी / Appellant बिाम / V/S Income Tax Officer (Tds) Ward-1, Belagavi, Dist. : Belagavi, Karnataka . . . . . . . प्रत्यर्थी / Respondent द्वारा / Appearances Assessee By : Mr Philip George Revenue By : Shri Sourabh Nayak सुनवाई की तारीख / Date Of Conclusive Hearing : 24/02/2022 घोषणा की तारीख / Date Of Pronouncement : 19/04/2022 आदेश / Order Per Bench; These Present Appeals Filed By The Appellant Assessee Are Directed Against The Orders Of Commissioner Of Income Tax- Appeals, Belagavi [For Short “Cit(A)”] Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”], Which In Turn Ascended Out Of Orders Of The Addl. Commissioner Of Income Tax-Tds Range, Panaji [For Short “Ao”] Passed U/S 271C Of The Act, For Six Assessment Years [For Short “Ay”] 2011-2012 To 2016-2017. Itat-Panaji Page 1 Of 18

1) and 201(1A) of the Act, Ld. ITO-TDS held the appellant company as “deemed to be an assessee in default”, for the six years and consequently the penalty proceedings u/s 271 of chapter XVII-B were initiated by service of show cause notice [for short “SCN”] dt 16/07/2019 by the Ld. AO. ITAT-Panaji Page

EID PARRY (INDIA) LTD.,BELAGAVI vs. ADDITIONAL COMMISSIONER OF INCOME TAX, TDS RANGE, PANAJI, PANAJI

The appeals of the assessee are allowed in term of aforesaid observation

Bench: Shri Ravish Sood & Shri Jamlappa D. Battullआयकर अपील सं. / Ita No. : 35 To 40/Pan/2019 करधििाारण वर्ा / Assessment Year : 2011-2012 To 2016-2017 M/S Eid Parry India Limited Khanpet, Trogal,Tal. : Ramdurg, Dist. : Belagavi, Karnataka Pan: Aaace 0702 C Tan:Blre 08509 E . . . . . . . अपीलार्थी / Appellant बिाम / V/S Income Tax Officer (Tds) Ward-1, Belagavi, Dist. : Belagavi, Karnataka . . . . . . . प्रत्यर्थी / Respondent द्वारा / Appearances Assessee By : Mr Philip George Revenue By : Shri Sourabh Nayak सुनवाई की तारीख / Date Of Conclusive Hearing : 24/02/2022 घोषणा की तारीख / Date Of Pronouncement : 19/04/2022 आदेश / Order Per Bench; These Present Appeals Filed By The Appellant Assessee Are Directed Against The Orders Of Commissioner Of Income Tax- Appeals, Belagavi [For Short “Cit(A)”] Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”], Which In Turn Ascended Out Of Orders Of The Addl. Commissioner Of Income Tax-Tds Range, Panaji [For Short “Ao”] Passed U/S 271C Of The Act, For Six Assessment Years [For Short “Ay”] 2011-2012 To 2016-2017. Itat-Panaji Page 1 Of 18

1) and 201(1A) of the Act, Ld. ITO-TDS held the appellant company as “deemed to be an assessee in default”, for the six years and consequently the penalty proceedings u/s 271 of chapter XVII-B were initiated by service of show cause notice [for short “SCN”] dt 16/07/2019 by the Ld. AO. ITAT-Panaji Page

EID PARRY (INDIA) LTD.,BELAGAVI vs. ADDITIONAL COMMISSIONER OF INCOME TAX, TDS RANGE, PANAJI, PANAJI

The appeals of the assessee are allowed in term of aforesaid observation

Bench: Shri Ravish Sood & Shri Jamlappa D. Battullआयकर अपील सं. / Ita No. : 35 To 40/Pan/2019 करधििाारण वर्ा / Assessment Year : 2011-2012 To 2016-2017 M/S Eid Parry India Limited Khanpet, Trogal,Tal. : Ramdurg, Dist. : Belagavi, Karnataka Pan: Aaace 0702 C Tan:Blre 08509 E . . . . . . . अपीलार्थी / Appellant बिाम / V/S Income Tax Officer (Tds) Ward-1, Belagavi, Dist. : Belagavi, Karnataka . . . . . . . प्रत्यर्थी / Respondent द्वारा / Appearances Assessee By : Mr Philip George Revenue By : Shri Sourabh Nayak सुनवाई की तारीख / Date Of Conclusive Hearing : 24/02/2022 घोषणा की तारीख / Date Of Pronouncement : 19/04/2022 आदेश / Order Per Bench; These Present Appeals Filed By The Appellant Assessee Are Directed Against The Orders Of Commissioner Of Income Tax- Appeals, Belagavi [For Short “Cit(A)”] Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”], Which In Turn Ascended Out Of Orders Of The Addl. Commissioner Of Income Tax-Tds Range, Panaji [For Short “Ao”] Passed U/S 271C Of The Act, For Six Assessment Years [For Short “Ay”] 2011-2012 To 2016-2017. Itat-Panaji Page 1 Of 18

1) and 201(1A) of the Act, Ld. ITO-TDS held the appellant company as “deemed to be an assessee in default”, for the six years and consequently the penalty proceedings u/s 271 of chapter XVII-B were initiated by service of show cause notice [for short “SCN”] dt 16/07/2019 by the Ld. AO. ITAT-Panaji Page

M/S SHREE BALAJI CONCEPTS,MARGAO vs. INCOME TAX OFFICER (INTERNATIONAL TXATION), WARD -1, PANAJI

The appeal of the assessee is allowed in the terms indicated as above

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No. 73/Pan/2018 Assessment Year: 2012-13

penalty under Section 271-C of the Income -Tax. [ emphasis supplied] (iii) W.e.f. 01.07.2012, in a situation where the tax is paid by the deductee, the interest is to be computed up to the date of furnishing of return of income by such deductee. This proviso makes no distinction whether the deductee files a return with positive income, nil income

SURAJ MELVIN MASCARENHAS,MIRAMAR vs. ITO, WARD - 1(1), PANAJI

The appeal of the assessee is allowed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Jamlappa D Battullआयकर अपील सं. / Ita No. 258/Pan/2017 "नधा"रण वष" / Assessment Year : 2009-10 Mrs. Suraj Melvin Masacarenhas 33, Lake View Colony, Miramar, Panaji Goa. Pan: Agipm3248G .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-1(1), Panaji, Goa ……""यथ" / Respondent Assessee By : None Revenue By : Shri Sourabh Nayak, Sr. Dr

section for initiating penalty proceedings was in printed from without specifying grounds of initiation of penalty proceedings i.e. whether the same was issued for concealment of income or for furnishing of inaccurate particulars of income. 5. Any other ground that may be urged at the time of hearing of appeal.” 2. Briefly stated, the assessee had filed her return

M/S SESA RESOURS LTD (FORMERLY V. S. DEMPO & CO. PVT. LTD,PANAJI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), PANAJI

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

Bench: Shri C.M. Garg & Shri Girish Agrawalassessment Year: 2004-05 Sesa Resources Limied Vs. Acit, (Formerly V.S. Dempo & Co., Pvt. Circle-1(1), Aayakar Ltd.), Bhavan, Sesa Ghor, 20 Edc Complex, Edc Complex, Patto, Patto, Panaji, Panaji, Goa – 403 001. Goa. Pan: Aaacv7160R

section 28 or of any receipts by way of brokerage, commission, interest, rent, charges or any other receipt of a similar nature included in such profits; The receipts from construction business amounting to Rs. 2,43,05,846/- is clearly covered under explanation (baa) to Sec. 80HHC, and is not related to the export business of the assessee. The receipts

DEVASHRI NIRMAN LLP ,PANAJI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PANAJI

In the result, this appeal by the assessee stands allowed

Bench: Shri Shamim Yahya, Am & Shri Ram Lal Negi, Jm

9. Percentage of Completion Method 9.1 Under the percentage of completion method, the amount of revenue recognised is determined by reference to the stage of completion of the contract activity at the end of each accounting period. The advantage of this method of accounting for contract revenue is that it reflects revenue in the accounting period during which activity

SHRI ANANTANATH ALPASANKHYATAR VIVIDH UDDESHAGAL SOUHARD SAHAKARI SANGH NIY,BELAGAVI vs. INCOME TAX OFFICER, NFAC, DELHI

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 006/Pan/2025 Assessment Year : 2009-10 Shri Anantanath Alpasankhyatar Vivid Uddheshagal Souhardha Sahakari Sangh Niyamit [‘Saavusssn’] 1738, Anantnath Building, Jain Galli, Main Rd., Kannur Niyamit Kalloli, Kalloli, Belagavi. Pan : Aagts1962B . . . . . . . Appellant V/S Income Tax Office, Ward-1, Gokak, Belagavi. . . . . . . . Respondent Appearances Assessee By : Mr Sachin Nichal [‘Ld. Ar’] Revenue By : Mr Deshmukh Prakash [‘Ld. Dr’] Date Of Conclusive Hearing : 02/06/2025 Date Of Pronouncement : 03/06/2025 Order Per G. D. Padmahshali; This Appeal Is Filed Against Din & Order 1070608483(1) Dt. 25/11/2024 Passed By The National Faceless Appeal Centre, Delhi [‘Ld. Nfac’ Hereinafter] U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] Which In Turn Arisen Out Of Order Of Penalty Dt. 23/03/2022 Passed U/S 271(1)(C) Of The Act By The National Faceless Assessment Centre Delhi [‘Ld. Nfeac’ Hereinafter] Anent To Assessment Year 2009-10 [‘Ay’ Hereinafter].

271(1)(c) of the Act revolves around ‘furnishing in accurate particulars of income’ in the return of income filed by the assessee. In view therefore, the rival parties restricted their respective arguments and counter arguments on the legal ground raised in the present appeal where we ITAT-Panaji Page 4 of 10 SAAVUSSSN Vs ITO, Gokak ITA Nos.006/PAN/2025

SMT NEHA PRASANNA GHOTAGE,BELAGAVI vs. INCOME TAX OFFICER, WARD - 1, KARWAR

Appeals are DISMISSED

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

9. By the first appeals against penalty orders all dt. 30/09/2014 passed u/s 271(1)(c) the Act were challenged u/s 246A r.w.s. 249 of the Act on 13/09/2023, 27/09/2023, 18/12/2023, 27/12/2023 & 29/12/2023 respectively. Admittedly, the appeals were filed with a substantial delay of 3270, 3248, 3366, 3375 & 3377 days beyond the statutory time period, hence also barred by limitation

SMT NEHA PRASANNA GHOTAGE,BELAGAVI vs. INCOME TAX OFFICER, WARD - 1, KARWAR

Appeals are DISMISSED

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

9. By the first appeals against penalty orders all dt. 30/09/2014 passed u/s 271(1)(c) the Act were challenged u/s 246A r.w.s. 249 of the Act on 13/09/2023, 27/09/2023, 18/12/2023, 27/12/2023 & 29/12/2023 respectively. Admittedly, the appeals were filed with a substantial delay of 3270, 3248, 3366, 3375 & 3377 days beyond the statutory time period, hence also barred by limitation

SMT NEHA PRASANNA GHOTAGE,BELAGAVI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 2, BELAGAVI

Appeals are DISMISSED

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

9. By the first appeals against penalty orders all dt. 30/09/2014 passed u/s 271(1)(c) the Act were challenged u/s 246A r.w.s. 249 of the Act on 13/09/2023, 27/09/2023, 18/12/2023, 27/12/2023 & 29/12/2023 respectively. Admittedly, the appeals were filed with a substantial delay of 3270, 3248, 3366, 3375 & 3377 days beyond the statutory time period, hence also barred by limitation

SMT NEHA PRASANNA GHOTAGE,BELAGAVI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 2, BELAGAVI

Appeals are DISMISSED

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

9. By the first appeals against penalty orders all dt. 30/09/2014 passed u/s 271(1)(c) the Act were challenged u/s 246A r.w.s. 249 of the Act on 13/09/2023, 27/09/2023, 18/12/2023, 27/12/2023 & 29/12/2023 respectively. Admittedly, the appeals were filed with a substantial delay of 3270, 3248, 3366, 3375 & 3377 days beyond the statutory time period, hence also barred by limitation

SMT NEHA PRASANNA GHOTAGE,BELAGAVI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 2, BELAGAVI

Appeals are DISMISSED

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

9. By the first appeals against penalty orders all dt. 30/09/2014 passed u/s 271(1)(c) the Act were challenged u/s 246A r.w.s. 249 of the Act on 13/09/2023, 27/09/2023, 18/12/2023, 27/12/2023 & 29/12/2023 respectively. Admittedly, the appeals were filed with a substantial delay of 3270, 3248, 3366, 3375 & 3377 days beyond the statutory time period, hence also barred by limitation

SMT NEHA PRASANNA GHOTAGE,BELAGAVI vs. INCOME TAX OFFICER, WARD - 1, KARWAR

Appeals are DISMISSED

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

9. By the first appeals against penalty orders all dt. 30/09/2014 passed u/s 271(1)(c) the Act were challenged u/s 246A r.w.s. 249 of the Act on 13/09/2023, 27/09/2023, 18/12/2023, 27/12/2023 & 29/12/2023 respectively. Admittedly, the appeals were filed with a substantial delay of 3270, 3248, 3366, 3375 & 3377 days beyond the statutory time period, hence also barred by limitation

SMT NEHA PRASANNA GHOTAGE,BELAGAVI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, 2, BELAGAVI

Appeals are DISMISSED

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

9. By the first appeals against penalty orders all dt. 30/09/2014 passed u/s 271(1)(c) the Act were challenged u/s 246A r.w.s. 249 of the Act on 13/09/2023, 27/09/2023, 18/12/2023, 27/12/2023 & 29/12/2023 respectively. Admittedly, the appeals were filed with a substantial delay of 3270, 3248, 3366, 3375 & 3377 days beyond the statutory time period, hence also barred by limitation

SMT NEHA PRASANNA GHOTAGE,BELAGAVI vs. INCOME TAX OFFICER, WARD - 1, KARWAR

Appeals are DISMISSED

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

9. By the first appeals against penalty orders all dt. 30/09/2014 passed u/s 271(1)(c) the Act were challenged u/s 246A r.w.s. 249 of the Act on 13/09/2023, 27/09/2023, 18/12/2023, 27/12/2023 & 29/12/2023 respectively. Admittedly, the appeals were filed with a substantial delay of 3270, 3248, 3366, 3375 & 3377 days beyond the statutory time period, hence also barred by limitation

SMT NEHA PRASANNA GHOTAGE,BELAGAVI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 2, BELAGAVI

Appeals are DISMISSED

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

9. By the first appeals against penalty orders all dt. 30/09/2014 passed u/s 271(1)(c) the Act were challenged u/s 246A r.w.s. 249 of the Act on 13/09/2023, 27/09/2023, 18/12/2023, 27/12/2023 & 29/12/2023 respectively. Admittedly, the appeals were filed with a substantial delay of 3270, 3248, 3366, 3375 & 3377 days beyond the statutory time period, hence also barred by limitation

SMT NEHA PRASANNA GHOTAGE,BELAGAVI vs. INCOME TAX OFFICER, WARD - 1, KARWAR

Appeals are DISMISSED

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshali

9. By the first appeals against penalty orders all dt. 30/09/2014 passed u/s 271(1)(c) the Act were challenged u/s 246A r.w.s. 249 of the Act on 13/09/2023, 27/09/2023, 18/12/2023, 27/12/2023 & 29/12/2023 respectively. Admittedly, the appeals were filed with a substantial delay of 3270, 3248, 3366, 3375 & 3377 days beyond the statutory time period, hence also barred by limitation