SHRI MANOJ MADANLAL CHHAJED,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), PUNE

Penalty u/s\n271(1)(c) of Income-tax Act, 1961 initiated separately for concealment of\nincome.\"\n5.\nThe assessee filed an appeal before CIT(A) on 11.02.2020. In the meantime,\nthe Ld. PCIT examined the records and noted that the order passed by the\nAssessing Officer is erroneous and prejudicial to the interest of Revenue. He noted\nthat during

MANOJ MADANLAL CHHAJED,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), PUNE

Penalty u/s\n271(1)(c) of Income-tax Act, 1961 initiated separately for concealment of\nincome.\"\n5.\nThe assessee filed an appeal before CIT(A) on 11.02.2020. In the meantime,\nthe Ld. PCIT examined the records and noted that the order passed by the\nAssessing Officer is erroneous and prejudicial to the interest of Revenue. He noted\nthat during

ASHOK VIJAYKUMAR KOTECHA,,JALGAON vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, the appeal filed by the assessee in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

3. To delete the addition wrongly made on the basis of document impounded in the case of third party during their survey and wrongly assessed u/s 153A. 4. To quash the assessment passed without issuing show cause notice of proposed addition/disallowance. 5. To delete the interest charged u/s 234 and initiation of penalty u/s 271 (1)(c) . [C] General

ASHOK VIJAYKUMAR KOTECHA,,JALGAON vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, the appeal filed by the assessee in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

3. To delete the addition wrongly made on the basis of document impounded in the case of third party during their survey and wrongly assessed u/s 153A. 4. To quash the assessment passed without issuing show cause notice of proposed addition/disallowance. 5. To delete the interest charged u/s 234 and initiation of penalty u/s 271 (1)(c) . [C] General

ASHOK VIJAYKUMAR KOTECHA,,JALGAON vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, the appeal filed by the assessee in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

3. To delete the addition wrongly made on the basis of document impounded in the case of third party during their survey and wrongly assessed u/s 153A. 4. To quash the assessment passed without issuing show cause notice of proposed addition/disallowance. 5. To delete the interest charged u/s 234 and initiation of penalty u/s 271 (1)(c) . [C] General

DCIT CIRCLE 1 NASHIK, NASHIK vs. SHREE SAI PROPERTIES, NASHIK

In the result, appeal of the Revenue is dismissed

Bench: Dr. Manish Borad & Shri Vinay Bhamore

penalty proceedings under section 271(1)(c) of the Income Tax Act, 1961 is initiated separately for concealment of income. [Addition Rs.7,93,62,371/-] 10. After going through the submissions and above mentioned discussion, the total assessed income of the assessee is as under : Total Income as per return : (-)Rs.1,95,25,614/- Add : As per discussion in para

MSC SOFTWARE CORPORATION INDIA P.LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of assessee is partly allowed in the terms aforesaid

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm

271(1)(c) without considering the fact that transfer pricing adjustments has been made on account of difference of opinion, interpretation of provisions of law, etc and not due to concealment of or furnishing of inaccurate particulars of income. Further, the learned Assessing Officer also erred in initiating the penalty proceedings against the Appellant in respect of voluntary adjustment made

LEELAVATI VIJAYKUMAR KOTECHA,,JALGAON vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.1296/Pun/2016 िनधा"रण वष" / Assessment Year: 2010-11 Leelavati Vijaykumar Vs. Dcit, Central Circle- Kotecha, 2(1), Nashik. 4, Teachers Colony, Ring Road, Jalgaon- 425001. Pan : Alvpk4435H Appellant Respondent Assessee By : Shri Bhupendra Shah Revenue By : Shri J. P. Chadraker Date Of Hearing : 21.03.2022 Date Of Pronouncement : 26.04.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 12, Pune [‘Cit(A)’ For Short] Dated 21.03.2016 For The Assessment Year 2010-11. 2. This Is A Recalled Matter. The Tribunal In Assessee’S Own Case Vide Ita Nos.1294 To 1297/Pun/2016 For The Assessment Years 2007-08, 2008-09, 2010-11 & 2012-13, Order Dated 26.04.2018 Had Adjudicated The Issue Ex-Parte & Dismissed The Above Captioned Appeal Of The Assessee. Thereafter, On Miscellaneous

penalty u/s 271(1)(b). 3 [D] General: - • The appellant reserve rights to add alter or delete any portion of this appeal before its conclusion. • This appeal is filed in time and may please be allowed in full. • A Detailed paper book along with case laws will be submitted at the time of hearing.” 4. Briefly, the facts

M/S. FIAT INDIA AUTOMOBILES PRIVATE LIMITED,PUNE vs. ACIT CIRCLE 1(1), PUNE

In the result, the appeal filed by the assessee in ITA

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

271(1)(c) of the Act. The Appellant prays that the penalty proceedings be quashed. The Appellant craves leave to add, alter, amend, substitute or withdraw all or any of the Grounds of appeal herein and to submit such statements, documents and papers as may be considered necessary either at or before the appeal hearing so as to enable

DY. COMMISSIONER OF INCOME TAX CIRCLE-1(1) , PUNE vs. FIAT INDIA AUTOMOBILES PRIVATE LIMITED, PUNE

In the result, the appeal filed by the assessee in ITA

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

271(1)(c) of the Act. The Appellant prays that the penalty proceedings be quashed. The Appellant craves leave to add, alter, amend, substitute or withdraw all or any of the Grounds of appeal herein and to submit such statements, documents and papers as may be considered necessary either at or before the appeal hearing so as to enable

SMT. TARADEVI RATANLAL BAFNA,,JALGAON vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of the assessee is allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.2304/Pun/2014 िनधा#रण वष# / Assessment Year : 2009-10

section 271(1)(c) of the I.T. Act and hence, penalty order is bad in law and therefore, the same may be annulled. 4. On the facts and in the prevailing circumstances of the case, the learned CIT(A) has grossly erred in confirming the penalty u/s.271(1)(c) of the I T Act, even though A.O failed to record

INCOME-TAX OFFICER, WARD - 8(2),, PUNE vs. JAGTAP PATIL PROMOTERS & BUILDERS ,, PUNE

In the result, appeal of the Revenue is Allowed

Bench: Shri Partha Sarathi Chaudhury & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.35/Pun/2018 िनधा"रणवष" / Assessment Year : 2014-15 The Income Tax Officer, Jagtap Patil Promoters & Ward-8(2), Pune. Vs Builders, S.No.152, Pimple Gurav, Pune – 411061. Pan: Aagfj 0403 N Appellant/ Assessee Respondent / Revenue Assessee By Shri Suniol Ganoo – Ar Revenue By Shri M.M.Chate – Dr Date Of Hearing 29/08/2022 Date Of Pronouncement 24/11/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Revenue I.E. Income Tax Officer, Ward-8(2), Pune For The A.Y. 2014-15 Against The Order Of The Ld.Cit(A)- 6, Pune Dated 04.10.2017 Emanating From The Assessment Order Dated 30/12/2016 Passed By The Ito Ward 8(2) Pune U/S 143(3) Of The Income Tax Act. The Grounds Of Appeal Are As Under: “1. Whether On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Was Justified In Not Appreciating That It Was Only After Scrutiny Proceedings Started That The Assessee Paid The Mat. Thus By Filing Nil Return & Not Claiming Deduction U/S 80Ib(10) The Assessee Was Trying To Evade Payment Of Taxes. The Claim Of The Assessee That Filing Of Nil Return Was Clerical Error Does Not Hold Ground? 2. Whether On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Is Justified In Not Appreciating The Ratio Laid

Penalty u/s 271(1)(b) of the Act for non-compliance. However, the assessee’s Authorised representative attended on 19/12/2016, just 14 days before the time barring date for the assessment order. It was noted by the AO that assessee had shown NIL Income, Nil tax payable in the return. However, the AR vide written submission dated 19/12/2016, ITA No.35/PUN/2018for

ASSISTANT OINT COMMISSIONER OF INCOME-TAX vs. PYC HINDU GYMKHANA,, PUNE

In the result, appeal of the assessee is partly allowed for statistical

Bench: Shri "याियक सद"य के सम" D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं आयकर अपील सं. / Ita No.179/Pun/2015 आयकर अपील सं आयकर अपील सं िनधा"रण वष" िनधा"रण वष" / Assessment Year : 2010-11 िनधा"रण वष" िनधा"रण वष"

penalty proceedings under section 271(1)(c) of the Act are initiated for furnishing inaccurate particulars of income.” 5. Further, on the issue of allowing depreciation u/s.32 of the Act, in respect of the capital assets (building) purchased with exempt income, the AO held that the claim of depreciation is not allowable on the said assets. AO noted that

BHUSHAN UTTAMRAO BACHHAV,,NASHIK vs. INCOME-TAX OFFICER,,

In the result, appeal of the assessee is dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.503/Pun/2015 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 2010-11 वष"

penalty u/s.271(1)(c) is initiated.” 7. AO relied on the following decisions : 1. Prakash Textile Agency Vs. CIT 121 ITR 890 – Calcutta High Court 2. Premnath Goyal & Co. Vs. CIT 271 ITR 390 – Delhi High Court 3. CIT Vs. Ajay Kumar 259 ITR 240 – Rajasthan High Court 4. CIT Vs. Heeralal 257 ITR 261 – Rajasthan High Court 5. Shri