PANKAJKUMAR CHIMANLAL LODHIYA,RAJKOT vs. THE ACTIT, CENTRAL CIRCLE-2, RAJKOT, RAJKOT

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं/.Ita No.76 To 80/Rjt/2022 निर्धारणवर्ष /Assessment Year: 2008-09 To 2012-13 & आयकर अपीलसं/.Ita No. 81/Rjt/2022 निर्धारणवर्ष /Assessment Year: 2014-15 Shri Pankaj Chimanlal Lodhiya 3Rd Floor, Parth, Diwanpara Main Road, Rajkot-3600 001 Pan: Aampl 3903 F (अपीलार्थी/Assessee) निर्धारिती की ओर से/Assessee By : Shri Mehul Ranpura, Ar राजस्व की ओर से/Revenue By : Shri Sanjay Punglia, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 05/03/2025 घोषणा की तारीख/Date Of Pronouncement : 30/04/2025 Order Per Bench, Captioned Six Appeals Filed By The Assessee, Pertaining To The Assessment Years (Ays) 2008-09 To 2012-13 & Ay 2014-15, Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), (“Ld.Cit(A)” For Short) Under Section 250 Of The Income Tax Act, 1961 (“The Act" For Short), Which In Turn Arise Out Of Separate Penalty Orders, Passed By The Assessing Officer U/S 271(1)(C) & 271Aab(1)(C) Of The Act.

penalty levied on disallowance made under section 40(a)(ia) of the Act. 18. Thus, the proposal to levy penalty

PANKAJKUMAR CHIMANLAL LODHIYA,RAKJOT vs. THE ACIT, CENTRAL CIRCLE-2, RAJKOT, RAJKOT

penalty levied on disallowance made under section\n40(a)(ia) of the Act.\n18.\nThus, the proposal to levy penalty

M/S BALAJI HEAVY LIFTERS P. LTD.,,GANDHIDHAM vs. THE ADDL. COMMR. OF INCOME TAX, GANDHIDHAM RANGE,, GANDHIDHAM

In the result, appeal of the assessee is dismissed

Bench: Shri Waseem Ahmed (Accountant Member), Shri Siddhartha Nautiyal (Judicial Member)

Disallowing Service Tax Interest and Late filing penalty of f Rs. 38711/- . Therefore the disallowance of Rs. 38711/- is liable

M/S SHREE RAJMOTI INDS.,,RAJKOT-GUJARAT vs. THE A. C.I.T., CIRCLE-2(1),, RAJKOT-GUJARAT

In the result, the appeal filed by the Assessee is hereby allowed

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

disallowance the claim of deduction u/s. 10(34) namely dividend income of Rs. 10,31,750/- received by the assessee from Rajkot Nagrik Sahakari Bank Ltd.. The Assessing Officer also initiated penalty

SHRI KRISHANMOHAN RAMWADH SHINGH,JAMNAGAR vs. THE INCOME TAX OFFICER, WARD-2(2),, JAMNAGAR

In the result appeal, of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

penalty was levied by the A.O, on similar disallowance in the preceeding assessment year, therefore, the penalty cannot be levied

VRAJ AND VAJ CONSTRUCTION,JAMNAGAR vs. THE ACIT, CIRCLE - 2, JAMNAGAR

In the result, appeal filed by the Assessee is allowed

disallowance of depreciation on JCB machines. The Assessing Officer initiated penalty proceedings on the above disallowances and levied minimum penalty

THE ITO, WARD 1(3), RAJKOT-GUJARAT vs. M/S PAVAN CONSTRUCTION CO, RAJKOT-GUJARAT

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

Disallowance of late work charges being Rs. 2,22,192/- penalty in nature (iii) Disallowance of overdue and bounce charges

ADITYA BIRLA GLOBAL TRADING (INDIA) PRIVATE LIMITED,GUJARAT vs. DCIT-ACIT CENT-2 RKT, RAJKOT

In the result, appeal filed by the assessee, in ITA No

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha

disallowance of penalty on custom duty of Rs. 7,53,200/- 2) On the facts and in the circumstances of the case

ADITYA BIRLA GLOBAL TRADING (INDIA) PRIVATE LIMITED,GUJARAT vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1, GANDHIHDAM, GANDHIDHAM, GUJARAT

In the result, appeal filed by the assessee, in ITA No

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha

disallowance of penalty on custom duty of Rs. 7,53,200/- 2) On the facts and in the circumstances of the case

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2 , RAJKOT vs. ADITYA BIRLA GLOBAL TRADING(INDIA) PVT.LTD. (SWISS SINGAPORE INDIA PVT. LTD.), GANDHIDHAM

In the result, appeal filed by the assessee, in ITA No

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha

disallowance of penalty on custom duty of Rs. 7,53,200/- 2) On the facts and in the circumstances of the case

DCIT, CENTRAL CIRCLE 2, RAJKOT vs. ADITYA BIRLA GLOBAL TRADING (INDIA) PVT. LTD. (SWISS SINGAPORE INDIA PVT. LTD., GANDHIDHAM

In the result, appeal filed by the assessee, in ITA No

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha

disallowance of penalty on custom duty of Rs. 7,53,200/- 2) On the facts and in the circumstances of the case

SMT. VARSHA ROHIT RAVANI,,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-5(2),, RAJKOT-GUJARAT

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Waseem Ahmed Hon’Ble"नधा"रण वष"/ Asstt. Year: 2011-12 Smt. Varsha Rohit Ravani Ito, Ward-5(2) Rajkot. “Sarda”, 12-Nutan Nagar Vs. Kalawad Road Rajkot. (Applicant) (Responent) Assessee By : Shri M.J. Ranpura, Ar Revenue By : Shri Anil Kumar Das, Dr सुनवाई क" तार"ख/Date Of Hearing : 19/09/2019 घोषणा क" तार"ख /Date Of Pronouncement: 19/09/2019 आदेश/O R D E R Per Rajpal Yadav: Assessee Is In Appeal Before The Tribunal Against Order Of The Ld.Cit(A)-3, Rajkot Dated 28.6.2016

penalty on such estimated disallowance. Hence, we allow the appeal of the assessee and cancel the impugned penalty. 9. In the result

THE DCIT, (INTL. TAXN.), RAJKOT vs. M/S. KOREA SOUTH EAST POWER CO. LTD., MUMBAI

In the result, the appeal of the Revenue is dismissed

Bench: Smt. Annapurna Gupta & Shri T.R. Senthil Kumar(Conducted Through Virtual Court) Assessment Year: 2011-12 The Dcit (Intl. Taxn.) M/S.Korea South East Power Amruta Estate Co.Ltd. Room No.312 Mg Road बनाम/ C/O. P.V. Page & Co., Girnar Cinema 201, Sardar Griha, 198 L.T. Marg Vs. Rajkot Mumbai – 400 002 (Appellant) (Respondent) Pan: Pan : Ahvps 3555Q Assessee By None Revenue By Shri Ashish Kumar Pandey, Sr.Dr Date Of Hearing 25/09/2023 Date Of Pronouncement 15/12/2023

Penalty - For concealment of income Bona fide claim, disallowance of Assessment year 1999-2000 - Assessee claimed premium received on redemption

SAURASHTA CEMENT LTD.,,PORBANDAR vs. THE JOINT COMMISSIONER OF INCOME TAX, RANGE-2,, JAMNAGAR

In the result, appeal filed by the Revenue is dismissed and appeal filed by the Assessee is partly allowed

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year: 2010-11

disallowance of penalty amounting to Rs.30,23,032/- paid on Differential Royalty on Basalt, disallowance of Excessive Depreciation claim on Plant

THE ACIT, CIRCLE-2,, JAMNAGAR vs. SAURASHTRA CEMENT LTD.,, PORBANDAR

In the result, appeal filed by the Revenue is dismissed and appeal filed by the Assessee is partly allowed

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year: 2010-11

disallowance of penalty amounting to Rs.30,23,032/- paid on Differential Royalty on Basalt, disallowance of Excessive Depreciation claim on Plant

DINESHCHANDRA N. SHAH,,JAMNAGAR. vs. INCOME TAX OFFICER, WARD-2(5),, JAMNAGAR.

In the result, the appeal of the assessee is allowed

Disallowance of the expenses for accounting charges and other expenses amounting to Rs. 24,612/- respectively against the interest income received from the partnership firm. The AO in the assessment order dated 20th November 2015 initiated the 4. penalty

PANKAJKUMAR CHIMANLAL LODHIYA,RAKJOT vs. THE ACIT, CENTRAL CIRCLE-2, RAJKOT, RAJKOT

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं/.Ita No.76 To 80/Rjt/2022 निर्धारणवर्ष /Assessment Year: 2008-09 To 2012-13 & आयकर अपीलसं/.Ita No. 81/Rjt/2022 निर्धारणवर्ष /Assessment Year: 2014-15 Shri Pankaj Chimanlal Lodhiya 3Rd Floor, Parth, Diwanpara | बनाम Main Road, Rajkot-3600 001 Vs. Pan: Aampl 3903 F Assistant Commissioner Of Income-Tax, Central Circle-2 Rajkot, 2Nd Floor, Amruta Estate, M.G. Rad, Rajkot-360 001 (अपीलार्थी/Assessee) (प्रत्यर्थी/Respondent) निर्धारिती की ओर से/Assessee By : Shri Mehul Ranpura, Ar राजस्व की ओर से/Revenue By : Shri Sanjay Punglia, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 05/03/2025 घोषणा की तारीख/Date Of Pronouncement : 30/04/2025 Order Per Bench, Captioned Six Appeals Filed By The Assessee, Pertaining To The Assessment Years (Ays) 2008-09 To 2012-13 & Ay 2014-15, Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), (“Ld.Cit(A)” For Short) Under Section 250 Of The Income Tax Act, 1961 (“The Act" For Short), Which In Turn Arise Out Of Separate Penalty Orders, Passed By The Assessing Officer U/S 271(1)(C) & 271Aab(1)(C) Of The Act.

penalty on Rs.1,01,970/- on disallowance made of Rs.3,00,000/-u/s.40(a)(ia) of the Act, being commission

RAJKOT DISTRICT CO-OPERATIVE BANK LIMITED,,RAJKOT vs. DY. COMMR. OF INCOME TAX, CIRCLE-1(2), , RAJKOT

Appeal of the assessee is allowed

Bench: Us In This Regard Reads As Under: 1. On The Facts & In The Circumstances Of The Case & In Law The Learned Commissioner Of Income Tax (Appeals), Rajkot-1 Has Erred In Confirming The Order Passed By Assessing Officer U/S 271(L)(C) Of The Income Tax Act, 1961 Imposing A Penalty Of Rs. 18,50,900 On The Appellant Despite The Fact That The Claim For The Deduction Was Bona-Fide, The Details Furnished For The Claim For Allowance Were Not Found To Be Inaccurate & That There Was No Deliberate Attempt To Furnishing Of Inaccurate Particulars On The Part Of The Appellant Assesse. The Ao'S Action Being Erroneous On Facts & In Law, The Appellant Prays That The Penalty Of Rs. 18,50,900 Be Deleted..

penalty levied u/s 271(1)© of the Act pertained to disallowance of provision, made and claimed as deduction by the assessee