RAVI MAHEXA,DAMAN AND DIU vs. INCOME TAX OFFICER, DAMAN WARD, DAMAN

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.193 To 195/Srt/2022 Assessment Years: (2015-16 To 2017-18) (Physical Hearing) Ravi Mahexa, Vs. Income Tax Officer, Ward-5, 7Th 14/55, Dilipnagar Near Dilip Nagar Vapi, Fortune Square, Floor, 8Th Floor & 9Th Floor, Ii, Ground, Daman, Daman – 396210, Daman & Diu (Ut) Chala Road, Vapi-396191 Ravi Mahexa Income Tax Officer, Daman 14/55, Dilipnagar Near Dilip Nagar Ward, Daman Jevanji Ground, Daman, Daman & Diu (Ut) - Apartment, Kavi Khabardar 396210 Road, Daman-396210 Vapi "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Apkpm1888H (Assessee) (Respondent) Assessee By Shri P. M. Jagasheth, Ca Respondent By Shri Minal Kamble, Sr. Dr Date Of Hearing 19/07/2023 Date Of Pronouncement 31/07/2023

penalty proceedings u/s 271(1)(c ) of the Act.” 4. First, we shall adjudicate the Summarized and concise grounds of appeal raised by the assessee, in lead case in ITA No.195/SRT/2022, where books of accounts of assessee were rejected by the Assessing Officer u/s 145(3) of the Act. The summarized and concise ground No.1 is reproduced below for ready

RAVI MAHEXA,DAMAN AND DIU vs. INCOME TAX OFFICER, DAMAN WARD, DAMAN

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.193 To 195/Srt/2022 Assessment Years: (2015-16 To 2017-18) (Physical Hearing) Ravi Mahexa, Vs. Income Tax Officer, Ward-5, 7Th 14/55, Dilipnagar Near Dilip Nagar Vapi, Fortune Square, Floor, 8Th Floor & 9Th Floor, Ii, Ground, Daman, Daman – 396210, Daman & Diu (Ut) Chala Road, Vapi-396191 Ravi Mahexa Income Tax Officer, Daman 14/55, Dilipnagar Near Dilip Nagar Ward, Daman Jevanji Ground, Daman, Daman & Diu (Ut) - Apartment, Kavi Khabardar 396210 Road, Daman-396210 Vapi "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Apkpm1888H (Assessee) (Respondent) Assessee By Shri P. M. Jagasheth, Ca Respondent By Shri Minal Kamble, Sr. Dr Date Of Hearing 19/07/2023 Date Of Pronouncement 31/07/2023

penalty proceedings u/s 271(1)(c ) of the Act.” 4. First, we shall adjudicate the Summarized and concise grounds of appeal raised by the assessee, in lead case in ITA No.195/SRT/2022, where books of accounts of assessee were rejected by the Assessing Officer u/s 145(3) of the Act. The summarized and concise ground No.1 is reproduced below for ready

VIKAS AGARWAL,DADRA AND NAGAR HAVELI vs. ITO, WARD SILVASSA , SILVASSA

In the result, the appeal of the assessee is dismissed

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Pruseth

cash deposits and amount credited in bank account. Therefore, it was clearly established that appellant had wilfully, knowingly and without reasonable cause concealed his income and thereby committed a default which was liable for penalty u/s 271

VIKAS AGARWAL,DADRA AND NAGAR HAVELI vs. ITO, SILVASSA WARD , SILVASSA

In the result, the appeal of the assessee is dismissed

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Pruseth

cash deposits and amount credited in bank account. Therefore, it was clearly established that appellant had wilfully, knowingly and without reasonable cause concealed his income and thereby committed a default which was liable for penalty u/s 271

VIKAS AGARWAL,DADRA AND NAGAR HAVELI vs. ITO, WARD SILVASSA, SILVASSA

In the result, the appeal of the assessee is dismissed

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Pruseth

cash deposits and amount credited in bank account. Therefore, it was clearly established that appellant had wilfully, knowingly and without reasonable cause concealed his income and thereby committed a default which was liable for penalty u/s 271

VIKAS AGARWAL,DADRA AND NAGAR HAVELI vs. ITO,WARD SILVASSA, SILVASSA

In the result, the appeal of the assessee is dismissed

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Pruseth

cash deposits and amount credited in bank account. Therefore, it was clearly established that appellant had wilfully, knowingly and without reasonable cause concealed his income and thereby committed a default which was liable for penalty u/s 271

VIKAS AGARWAL,DADRA AND NAGAR HAVELI vs. ITO, WARD SILVASSA, SILVASSA

In the result, the appeal of the assessee is dismissed

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Pruseth

cash deposits and amount credited in bank account. Therefore, it was clearly established that appellant had wilfully, knowingly and without reasonable cause concealed his income and thereby committed a default which was liable for penalty u/s 271

VIKAS AGARWAL,SILVASSA vs. ITO, WARD SILVASSA, SILVASSA

In the result, the appeal of the assessee is dismissed

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Pruseth

cash deposits and amount credited in bank account. Therefore, it was clearly established that appellant had wilfully, knowingly and without reasonable cause concealed his income and thereby committed a default which was liable for penalty u/s 271

VIKAS AGARWAL,DADRA AND NAGAR HAVELI vs. ITO, WARD SILVASSA, SILVASSA

In the result, the appeal of the assessee is dismissed

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Pruseth

cash deposits and amount credited in bank account. Therefore, it was clearly established that appellant had wilfully, knowingly and without reasonable cause concealed his income and thereby committed a default which was liable for penalty u/s 271

VIKAS AGARWAL,DADRA AND NAGAR HAVELI vs. ITO, WARD SILVASSA, SILVASSA

In the result, the appeal of the assessee is dismissed

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Pruseth

cash deposits and amount credited in bank account. Therefore, it was clearly established that appellant had wilfully, knowingly and without reasonable cause concealed his income and thereby committed a default which was liable for penalty u/s 271

GAURAVKUMAR MANILAL PATEL,TAPI vs. ITO, WARD 3(2)(6), SURAT

In the result, appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.931 To 934 & 935 To 936/Srt/2024 Assessment Years: (2012-13 & 2013-14) (Physical Hearing) Gauravkumar Manilal Patel, Vs. The Ito, 1, Post: Hathuka, Kanbi Faliya, Tal: Ward – 3(2)(7), Valod, Tapi - 394640 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aogpp5609G (Appellant) (Respondent)

deposited cash of Rs.69,17,170/- in his bank account with Dena Bank. The assessee did not reply to the notice issued u/s 133(6) of the Act. Thereafter, case of the assessee was re-opened u/s 147 of the Act after obtaining approval of the PCIT and notice u/s 148 of the Act was issued on 30.03.2019. The assessee

GAURAVKUMAR MANILAL PATEL,TAPI vs. ITO, WARD 3(2)(6), SURAT

In the result, appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.931 To 934 & 935 To 936/Srt/2024 Assessment Years: (2012-13 & 2013-14) (Physical Hearing) Gauravkumar Manilal Patel, Vs. The Ito, 1, Post: Hathuka, Kanbi Faliya, Tal: Ward – 3(2)(7), Valod, Tapi - 394640 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aogpp5609G (Appellant) (Respondent)

deposited cash of Rs.69,17,170/- in his bank account with Dena Bank. The assessee did not reply to the notice issued u/s 133(6) of the Act. Thereafter, case of the assessee was re-opened u/s 147 of the Act after obtaining approval of the PCIT and notice u/s 148 of the Act was issued on 30.03.2019. The assessee

GAURAVKUMAR MANILAL PATEL,TAPI vs. ITO, WARD 3(2)(7), SURAT

In the result, appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.931 To 934 & 935 To 936/Srt/2024 Assessment Years: (2012-13 & 2013-14) (Physical Hearing) Gauravkumar Manilal Patel, Vs. The Ito, 1, Post: Hathuka, Kanbi Faliya, Tal: Ward – 3(2)(7), Valod, Tapi - 394640 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aogpp5609G (Appellant) (Respondent)

deposited cash of Rs.69,17,170/- in his bank account with Dena Bank. The assessee did not reply to the notice issued u/s 133(6) of the Act. Thereafter, case of the assessee was re-opened u/s 147 of the Act after obtaining approval of the PCIT and notice u/s 148 of the Act was issued on 30.03.2019. The assessee

GAURAVKUMAR MANILAL PATEL,TAPI vs. ITO, WARD 3(2)(7), SURAT

In the result, appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.931 To 934 & 935 To 936/Srt/2024 Assessment Years: (2012-13 & 2013-14) (Physical Hearing) Gauravkumar Manilal Patel, Vs. The Ito, 1, Post: Hathuka, Kanbi Faliya, Tal: Ward – 3(2)(7), Valod, Tapi - 394640 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aogpp5609G (Appellant) (Respondent)

deposited cash of Rs.69,17,170/- in his bank account with Dena Bank. The assessee did not reply to the notice issued u/s 133(6) of the Act. Thereafter, case of the assessee was re-opened u/s 147 of the Act after obtaining approval of the PCIT and notice u/s 148 of the Act was issued on 30.03.2019. The assessee

GAURAVKUMAR MANILAL PATEL,SURAT vs. ITO, WARD 3(2)(7), SURAT

In the result, appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.931 To 934 & 935 To 936/Srt/2024 Assessment Years: (2012-13 & 2013-14) (Physical Hearing) Gauravkumar Manilal Patel, Vs. The Ito, 1, Post: Hathuka, Kanbi Faliya, Tal: Ward – 3(2)(7), Valod, Tapi - 394640 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aogpp5609G (Appellant) (Respondent)

deposited cash of Rs.69,17,170/- in his bank account with Dena Bank. The assessee did not reply to the notice issued u/s 133(6) of the Act. Thereafter, case of the assessee was re-opened u/s 147 of the Act after obtaining approval of the PCIT and notice u/s 148 of the Act was issued on 30.03.2019. The assessee

JANAKKUMAR MUKUNDPRASAD PATEL,SURAT vs. INCOME TAX OFFICER WARD 1 BARDOLI, SURAT

In the result, the appeal of the assessee is allowed

Bench: Dr. A. L. Saini, Am आयकर अपील सं./Ita No.418/Srt/2023 ("नधा"रण वष" / Assessment Year: (2014-15) (Physical Court Hearing) Janakkumar Mukundprasad Income Tax Officer, Ward 1, Patel Bardoli Vs. 57 Omnagar, Tarsadi Kosamba (R.S) Surat-394120 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Auzpp 2106 P (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Assessee By Ms. Chaitali Shah, Ca िनधा"रती की ओर से /Respondent By Shri Vinod Kumar, Sr. Dr 05/10/2023 सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख/Date Of Pronouncement 30/10/2023 आदेश / Order Per Dr. A. L. Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2014-15, Is Directed Against The Order Passed By The National Faceless Appeal Centre, Delhi [In Short, “Nfac/Ld. Cit(A)”] Dated 18.04.2023, Which In Turn Arises Out Of A Penalty Order Passed By The Income Tax Officer Ward-1 Bardoli, Under Section 271(1)(C) Of The Income Tax Act, 1961 (In Short ‘The Act’), Dated 02.06.2017. 2. Grounds Of Appeal Raised By The Assessee Are As Follows: “1.On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Assessing Officer Has Erred In Levying Penalty U/S 271(1)(C) When Assessing Office Had Not Specified In The Notice U/S 274 R.W.S. 271(1)(C) Whether The Penalty Was Leviable For Concealment Of Particulars Income Or For Furnishing Inaccurate Particulars Thereof. 2. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Cit(A) Has Erred In Confirming The Action Of Assessing Office In Levying Penalty Of Rs.3,09,062/- U/S 271(1)(C) Of The I.T. Act, 1961. 3. It Is Therefore Prayed That Penalty Levied By The Assessing Office & Confirmed By Cit(A) May Please Be Deleted.

cash deposits in the saving bank account of the assessee was not of agricultural earning from the past years. Therefore, addition of Rs.10,00,000/-, out of Rs. Rs.51,54,000/-, was made by the assessing officer on estimated basis, treating the income as the unexplained sources. Hence penalty proceedings u/s 271

STALIN CHOCKKALINGAM PILLAI,VAPI vs. THE INCOME TAX OFFICER,VAPI WARD-3,, VAPI

In the result, all the five appeals of the assessee are allowed in the manner as indicted above

Bench: Shri C.M.Garg & Shri O.P.Meenaआयकर अपील सं. / Ita Nos.856, 857 & 858/Ahd/2013/Srt िनधा"रण वष" / Assessment Years: 2004-05, 2005-06 & 2009-10 आयकर अपील सं. / Ita Nos.2838 & 2839/Ahd/2014/Srt िनधा"रण वष" / Assessment Years: 2004-05 & 2005-06 Shri Stalin Chockkalingam Pillai, Vs. Income Tax Officer, Flat No. F-102, Rajmoti Complex, Vapi Ward-3, Chharwada Road, Vapi. Vapi – 396 195. [Pan: Aippp 1728 F] (अपीलाथ /Appellant) (!"थ /Respondent)

penalty by the ld. CIT(A) imposed by the AO u/s. 271(1)(c) of the Act, on the strength additions made by the AO on account of cash deposits

STALIN CHOCKKALINGAM PILLAI,VAPI vs. THE INCOME TAX OFFICER,VAPI WARD-3,, VAPI

In the result, all the five appeals of the assessee are allowed in the manner as indicted above

Bench: Shri C.M.Garg & Shri O.P.Meenaआयकर अपील सं. / Ita Nos.856, 857 & 858/Ahd/2013/Srt िनधा"रण वष" / Assessment Years: 2004-05, 2005-06 & 2009-10 आयकर अपील सं. / Ita Nos.2838 & 2839/Ahd/2014/Srt िनधा"रण वष" / Assessment Years: 2004-05 & 2005-06 Shri Stalin Chockkalingam Pillai, Vs. Income Tax Officer, Flat No. F-102, Rajmoti Complex, Vapi Ward-3, Chharwada Road, Vapi. Vapi – 396 195. [Pan: Aippp 1728 F] (अपीलाथ /Appellant) (!"थ /Respondent)

penalty by the ld. CIT(A) imposed by the AO u/s. 271(1)(c) of the Act, on the strength additions made by the AO on account of cash deposits

SHRI STALIN CHOCKKALINGAM PILLAI,,VAPI vs. THE INCOME TAX OFFICER,VAPI WARD-3,, VAPI

In the result, all the five appeals of the assessee are allowed in the manner as indicted above

Bench: Shri C.M.Garg & Shri O.P.Meenaआयकर अपील सं. / Ita Nos.856, 857 & 858/Ahd/2013/Srt िनधा"रण वष" / Assessment Years: 2004-05, 2005-06 & 2009-10 आयकर अपील सं. / Ita Nos.2838 & 2839/Ahd/2014/Srt िनधा"रण वष" / Assessment Years: 2004-05 & 2005-06 Shri Stalin Chockkalingam Pillai, Vs. Income Tax Officer, Flat No. F-102, Rajmoti Complex, Vapi Ward-3, Chharwada Road, Vapi. Vapi – 396 195. [Pan: Aippp 1728 F] (अपीलाथ /Appellant) (!"थ /Respondent)

penalty by the ld. CIT(A) imposed by the AO u/s. 271(1)(c) of the Act, on the strength additions made by the AO on account of cash deposits