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

In the result, the appeal of the assessee is allowed

u/s. 271(l)(c) on this addition of Rs. 24,612/~ also and therefore the same is confirmed. Thus the ground of appeal of the appellant is dismissed.” I.T.A No. 128/Rjt/2018 A.Y. 2013-14 Page No 4 Shri Dineshchandra N. Shah Vs. ITO 9. Being aggrieved by the order of the learned CIT (A), the assessee is in appeal before

THE DY. COMMR. OF INCOME TAX, CIR.-2,, JAMNAGAR vs. THE JAMNAGAR DISTRICT CO. OP. BANK LTD.,, JAMNAGAR

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kedia

158 (SC) has held that "merely because the Assesses, has claimed the expenditure, which claim was not accepted or was not acceptable to the Revenue, that by itself would not, attract penalty u/s 271(1)(c). By any stretch of imagination, mining as incorrect claim in law cannot tantamount to furnishing inaccurate particualrs. 11. Moreover the Honorable Tribunal In appellant

JAGANI VINODRAI GOPALDAS (HUF),RAJKOT vs. THE ITO, WARD-1 (2) (4),, RAJKOT

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

Bench: Shri Waseem Ahmed & Shri T.R Senthil Kumarआयकर अपील सं./Ita No. 59/Rjt/2023 िनधा"रण वष"/Asstt. Year: 2014-15 Jagani Vinodrai Gopaldas Huf, Income-Tax Officer, 62 – Suraj Appartment, Vs. Ward-1(2)(4), No.1 Shroff Road, Rajkot. Opp. Church, Nfac, Delhi Rajkot-360001. Pan: Aaahj9710N

u/s 271(1)(c) of the Act, the same can be under the charge of furnishing inaccurate particulars of income. 7.1 Moving further, we note that it is a trite law that every addition or disallowance made during the assessment proceedings cannot be treated either concealment or furnishing inaccurate particulars of income and thereby levying the penalty. The phrase furnishing

THE DY. COMMR. OF INCOME TAX, CIR.-1(1),, RAJKOT-GUJARAT vs. M/S BACKBONE CONSTRUCTION P. LTD.,, RAJKOT-GUJARAT

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.54-56/Rjt/2017 िनधा"रण वष"/Asstt. Years: 2008-2009, 2009-10 & 2010-11 D.C.I.T, M/S.Backbone Construction Pvt. Ltd., Circle-1(1), Vs. Ekta House, 2-Jalaram, Rajkot University Road, Rajkot. Pan: Aaccb1167C

u/s 153A r.w.s. 143(3) of the Act dated 22-03- 2013 at a total income of Rs. 18,65,26,818/- after making various addition as detailed under: 1. On account of 1,25,00,000/- Disallowance of bogus expenditure Claimed to have made to Jayshree Builder 2. On account of 60,00,000/- Disallowance u/s.40

THE DY. COMMR. OF INCOME TAX, CIR.-1(1),, RAJKOT-GUJARAT vs. M/S BACKBONE CONSTRUCTION P. LTD.,, RAJKOT-GUJARAT

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.54-56/Rjt/2017 िनधा"रण वष"/Asstt. Years: 2008-2009, 2009-10 & 2010-11 D.C.I.T, M/S.Backbone Construction Pvt. Ltd., Circle-1(1), Vs. Ekta House, 2-Jalaram, Rajkot University Road, Rajkot. Pan: Aaccb1167C

u/s 153A r.w.s. 143(3) of the Act dated 22-03- 2013 at a total income of Rs. 18,65,26,818/- after making various addition as detailed under: 1. On account of 1,25,00,000/- Disallowance of bogus expenditure Claimed to have made to Jayshree Builder 2. On account of 60,00,000/- Disallowance u/s.40

THE DY. COMMR. OF INCOME TAX, CIR.-1(1),, RAJKOT-GUJARAT vs. M/S BACKBONE CONSTRUCTION P. LTD.,, RAJKOT-GUJARAT

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.54-56/Rjt/2017 िनधा"रण वष"/Asstt. Years: 2008-2009, 2009-10 & 2010-11 D.C.I.T, M/S.Backbone Construction Pvt. Ltd., Circle-1(1), Vs. Ekta House, 2-Jalaram, Rajkot University Road, Rajkot. Pan: Aaccb1167C

u/s 153A r.w.s. 143(3) of the Act dated 22-03- 2013 at a total income of Rs. 18,65,26,818/- after making various addition as detailed under: 1. On account of 1,25,00,000/- Disallowance of bogus expenditure Claimed to have made to Jayshree Builder 2. On account of 60,00,000/- Disallowance u/s.40

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

In the result, appeal filed by the Assessee is allowed

158 wherein it was held mere making of the claim, which is not sustainable in law, by itself, will not amount to furnishing inaccurate claim of furnishing inaccurate particulars regarding the income of the assessee. The assessee having been explained the details before the Assessing Officer during the assessment proceedings itself, there is no concealment of income. Therefore the penalty

SHRI BECHARBHAI DHARAMSHIBHAI VASOYA,RAJKOT vs. THE ITO WARD 1 (1) (1), RAJKOT, RAJKOT

In the result, appeal filed by the assessee is allowed for statistical\npurpose

section 250 of CIT(A)\nwhen the show cause notice for penalty u/s 271(1)(c) dated 07.01.2025 received from\nthe Assessing Officer.\n6. That due to above reasons, there is delay in filing of ITAT appeal.\n7. That, there is no mala fide intentions to late filing of an appeal to the ITAT.”\n3. The Ld. Counsel