SHRI GHANSHYAM DUNGARBHAI SUTARIYA,,SURAT vs. THE ACIT, CIRCLE-8,, SURAT

In the result, the appeal of the Assessee is dismissed

Bench: Shri H.S. Sidhu & Shri O.P. Meenaassessment Year: 2009-10 Ghanshyam Dungarbhai Sutaria, Vs. Acit, Circle-8, H.No. 1, 1St Floor, Sahaj Park Row Surat House, Hira Baug Circle, Vallabhacharya Road, Near Kailashdham Society, Ashwanikumar Road, Surat-395008 (Pan: Akkpp9318E) (Appellant) (Respondent)

section 271(1)(c) of the Act. ii) The assessee, therefore, submits that the penalty levied may be deleted. iii) The assessee craves leave to add, alter or vary any of the grounds of appeal. 1 2. The brief facts of the case are that Assessing Officer had assessed the income at Rs. 28,49,83,580/- and had made

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, SURAT vs. SHRI VASUDEV D. GOPLANI, SURAT

In the result the ground of appeal raised by the revenue are dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Dcit, Central Circle-3, Shri Vasudev D Goplani, Room No. 507, 5Th Floor, 3-B, Chandan Park Society, Vs Aayakar Bhawan, Near Adajan Road, Majura Gate, Surat. Surat-395001. Pan : Abhpg3609B Revenue / Appellant Assessee /Respondent

capital gain on 31.03.2014. The last date for filing return of income under section 139(4) for AY 2012-13 was 31.03.2014. At the time of search, last date for filing return of income for AY 2012-13 has not expired and as per Explanation-5A of section 271(1

THE DCIT, CENTRAL CIRCLE-3,, SURAT vs. M/S. CHHAYA ASSOCIATES,, SURAT

In the result, all the Nine Appeals of various assessee’s as listed above table at page 1 & 2 filed by the Revenue are dismissed

section 271(1)(c) are not applicable in such a case. d) No penalty can be imposed where the income has been disclosed merely because of change of head of income. This has been held in numerous cases including 1) The Hon'ble High Court of Delhi in the case of CIT Vs. Amit Jain

THE DCIT, CIRCLE-2(3),, SURAT vs. M/S. PRIME DEVELOPERS,, SURAT

In the result, all the Nine Appeals of various assessee’s as listed above table at page 1 & 2 filed by the Revenue are dismissed

section 271(1)(c) are not applicable in such a case. d) No penalty can be imposed where the income has been disclosed merely because of change of head of income. This has been held in numerous cases including 1) The Hon'ble High Court of Delhi in the case of CIT Vs. Amit Jain

THE DCIT, CENTRAL CIRCLE-3,, SURAT vs. M/S. MILESTONE CONSTRUCTION,, SURAT

In the result, all the Nine Appeals of various assessee’s as listed above table at page 1 & 2 filed by the Revenue are dismissed

section 271(1)(c) are not applicable in such a case. d) No penalty can be imposed where the income has been disclosed merely because of change of head of income. This has been held in numerous cases including 1) The Hon'ble High Court of Delhi in the case of CIT Vs. Amit Jain

THE DCIT, CIRCLE-2(3),, SURAT vs. M/S. VIP CORPORATION,, SURAT

In the result, all the Nine Appeals of various assessee’s as listed above table at page 1 & 2 filed by the Revenue are dismissed

section 271(1)(c) are not applicable in such a case. d) No penalty can be imposed where the income has been disclosed merely because of change of head of income. This has been held in numerous cases including 1) The Hon'ble High Court of Delhi in the case of CIT Vs. Amit Jain

THE DCIT, CIRCLE-3,, SURAT vs. M/S. MILESTONE BUILDERS,, SURAT

In the result, all the Nine Appeals of various assessee’s as listed above table at page 1 & 2 filed by the Revenue are dismissed

section 271(1)(c) are not applicable in such a case. d) No penalty can be imposed where the income has been disclosed merely because of change of head of income. This has been held in numerous cases including 1) The Hon'ble High Court of Delhi in the case of CIT Vs. Amit Jain

THE DCIT, CENTRAL CIRCLE-3,, SURAT vs. M/S. SHANTINATH DEVELOPERS,, SURAT

In the result, all the Nine Appeals of various assessee’s as listed above table at page 1 & 2 filed by the Revenue are dismissed

section 271(1)(c) are not applicable in such a case. d) No penalty can be imposed where the income has been disclosed merely because of change of head of income. This has been held in numerous cases including 1) The Hon'ble High Court of Delhi in the case of CIT Vs. Amit Jain

THE DCIT, CENTRAL CIRCLE-3,, SURAT vs. M/S. MILESTONE DEVELOPERS,, SURAT

In the result, all the Nine Appeals of various assessee’s as listed above table at page 1 & 2 filed by the Revenue are dismissed

section 271(1)(c) are not applicable in such a case. d) No penalty can be imposed where the income has been disclosed merely because of change of head of income. This has been held in numerous cases including 1) The Hon'ble High Court of Delhi in the case of CIT Vs. Amit Jain

THE ITO, WARD-2(3)(1),, SURAT vs. M/S. AVANTIS ENTERPRISE,, SURAT

In the result, all the Nine Appeals of various assessee’s as listed above table at page 1 & 2 filed by the Revenue are dismissed

section 271(1)(c) are not applicable in such a case. d) No penalty can be imposed where the income has been disclosed merely because of change of head of income. This has been held in numerous cases including 1) The Hon'ble High Court of Delhi in the case of CIT Vs. Amit Jain

THE DCIT, CENTRAL CIRCLE-3,, SURAT vs. M/S. SHAH & DESAI CONSTRUCTION,, SURAT

In the result, all the Nine Appeals of various assessee’s as listed above table at page 1 & 2 filed by the Revenue are dismissed

section 271(1)(c) are not applicable in such a case. d) No penalty can be imposed where the income has been disclosed merely because of change of head of income. This has been held in numerous cases including 1) The Hon'ble High Court of Delhi in the case of CIT Vs. Amit Jain

THE DCIT, CENTRAL CIRCLE-4,, SURAT vs. SAI VIHAR CORPORATION,, SURAT

In the result, all the Four Appeals of various assessee’s as listed

Bench: Smt. Diva Singh & Shri O.P.Meena

section 271(1)(c) are not applicable in such a case. d) No penalty can be imposed where the income has been disclosed merely because of change of head of income. This has been held in numerous cases including 1) The Hon'ble High Court of Delhi in the case of CIT Vs. Amit Jain

THE ITO, WARD-2(3)(1),, SURAT vs. M/S. ANUPAM INFRASTRUCTURE,, SURAT

In the result, all the Four Appeals of various assessee’s as listed

Bench: Smt. Diva Singh & Shri O.P.Meena

section 271(1)(c) are not applicable in such a case. d) No penalty can be imposed where the income has been disclosed merely because of change of head of income. This has been held in numerous cases including 1) The Hon'ble High Court of Delhi in the case of CIT Vs. Amit Jain

THE ITO, WARD-2(3)(3),, SURAT vs. M/S. PNG DEVELOPERS,, SURAT

In the result, all the Four Appeals of various assessee’s as listed

Bench: Smt. Diva Singh & Shri O.P.Meena

section 271(1)(c) are not applicable in such a case. d) No penalty can be imposed where the income has been disclosed merely because of change of head of income. This has been held in numerous cases including 1) The Hon'ble High Court of Delhi in the case of CIT Vs. Amit Jain

THE ITO, WARD-1,, BARDOLI vs. M/S. AISHWARYA CORPORATION,, SURAT

In the result, all the Four Appeals of various assessee’s as listed

Bench: Smt. Diva Singh & Shri O.P.Meena

section 271(1)(c) are not applicable in such a case. d) No penalty can be imposed where the income has been disclosed merely because of change of head of income. This has been held in numerous cases including 1) The Hon'ble High Court of Delhi in the case of CIT Vs. Amit Jain

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(3),, SURAT vs. M/S. AASTHA ENTERPRISE,, SURAT

In the result, all the Four Appeals of various assessee’s as listed

Bench: Smt. Diva Singh & Shri O.P.Meenas. आ.अ.सं./I.T.A अपीलाथ" Appellant Vs ""यथ"/Respondent No . No. & िनधा"रण वष" /A Y:

section 271(1 )(c) are not applicable in such a case. d) No penalty can be imposed where the income has been disclosed merely because of change of head of income. This has been held in numerous cases including Aastha Developers & Others / ITA.No’s.2086 to 2089/Ahd/2016/AY: 2011-12 & 13-14 Page 5 of 12 1) The Hon'ble High Court

THE ITO, WARD-2(3)(1),, SURAT vs. M/S. AASTHA ECO HOMES,, SURAT

In the result, all the Four Appeals of various assessee’s as listed

Bench: Smt. Diva Singh & Shri O.P.Meenas. आ.अ.सं./I.T.A अपीलाथ" Appellant Vs ""यथ"/Respondent No . No. & िनधा"रण वष" /A Y:

section 271(1 )(c) are not applicable in such a case. d) No penalty can be imposed where the income has been disclosed merely because of change of head of income. This has been held in numerous cases including Aastha Developers & Others / ITA.No’s.2086 to 2089/Ahd/2016/AY: 2011-12 & 13-14 Page 5 of 12 1) The Hon'ble High Court

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(3),, SURAT vs. M/S. AASTHA CORPORATION,, SURAT

In the result, all the Four Appeals of various assessee’s as listed

Bench: Smt. Diva Singh & Shri O.P.Meenas. आ.अ.सं./I.T.A अपीलाथ" Appellant Vs ""यथ"/Respondent No . No. & िनधा"रण वष" /A Y:

section 271(1 )(c) are not applicable in such a case. d) No penalty can be imposed where the income has been disclosed merely because of change of head of income. This has been held in numerous cases including Aastha Developers & Others / ITA.No’s.2086 to 2089/Ahd/2016/AY: 2011-12 & 13-14 Page 5 of 12 1) The Hon'ble High Court

THE ITO, WARD-2(3)(1),, SURAT vs. M/S. AASTHA DEVELOPERS,, SURAT

In the result, all the Four Appeals of various assessee’s as listed

Bench: Smt. Diva Singh & Shri O.P.Meenas. आ.अ.सं./I.T.A अपीलाथ" Appellant Vs ""यथ"/Respondent No . No. & िनधा"रण वष" /A Y:

section 271(1 )(c) are not applicable in such a case. d) No penalty can be imposed where the income has been disclosed merely because of change of head of income. This has been held in numerous cases including Aastha Developers & Others / ITA.No’s.2086 to 2089/Ahd/2016/AY: 2011-12 & 13-14 Page 5 of 12 1) The Hon'ble High Court