MOULIMANI IMPEX PVT LTD,MUMBAI vs. INCOME TAX OFFICER- 1(1)(3), SURAT, SURAT

In the result, appeal of the assessee is allowed

Bench: Ms Suchitra Raghunath Kamble & Shri Bijayananda Pruseth

25% for paper transactions and related cost from the above estimated commission and computed the commission income at Rs.12,79,105/- (17,05,473 – 4,26,368). He estimated commission @0.02%, @0.20% and @0.50% on total turnover (excluding import and group turnover), import and the outstanding loan respectively. The AO also initiated penalty u/s 271

MOULIMANI IMPEX PVT LTD,MUMBAI vs. INCOME TAX OFFICER -1(1)(3), SURAT, SURAT

In the result, appeal of the assessee is allowed

Bench: Ms Suchitra Raghunath Kamble & Shri Bijayananda Pruseth

25% for paper transactions and related cost from the above estimated commission and computed the commission income at Rs.12,79,105/- (17,05,473 – 4,26,368). He estimated commission @0.02%, @0.20% and @0.50% on total turnover (excluding import and group turnover), import and the outstanding loan respectively. The AO also initiated penalty u/s 271

PINKY MANISHKUMAR JARIWALA,SURAT vs. INCOME TAX OFFICER, WARD-2(2)(3), SURAT

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

Bench: Shri Dr. A. L. Sainiआयकर अपील सं./Ita Nos.280 To 282/Srt/2022 Assessment Years: (2009-10) (Physical Hearing) Pinky Manishkumar Jariwala, Vs. The Ito, 4/1710, Nawabwadi, Begampura, Ward – 2(2)(3), Surat – 395003. Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ahnpj7591D (Appellant) (Respondent) Assessee By Shri P. M. Jagasheth, Ca Shri Vinod Kumar, Sr. Dr Respondent By Date Of Hearing 23/08/2023 Date Of Pronouncement 28/08/2023

25. Besides, I also find merit in the submission of ld Counsel to the effect that penalty under section 271(1)(c) of the Act, should not be imposed on protective addition. Reliance can be placed on the judgment of Hon`ble jurisdictional Gujarat High Court in the case of Bhailal Manilal Patel vs. CIT, (2014) 49 taxmann.com 539 (Gujarat

PINKY MANISHKUMAR JARIWALA,SURAT vs. INCOME TAX OFFICER, WARD-2(2)(3), SURAT

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

Bench: Shri Dr. A. L. Sainiआयकर अपील सं./Ita Nos.280 To 282/Srt/2022 Assessment Years: (2009-10) (Physical Hearing) Pinky Manishkumar Jariwala, Vs. The Ito, 4/1710, Nawabwadi, Begampura, Ward – 2(2)(3), Surat – 395003. Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ahnpj7591D (Appellant) (Respondent) Assessee By Shri P. M. Jagasheth, Ca Shri Vinod Kumar, Sr. Dr Respondent By Date Of Hearing 23/08/2023 Date Of Pronouncement 28/08/2023

25. Besides, I also find merit in the submission of ld Counsel to the effect that penalty under section 271(1)(c) of the Act, should not be imposed on protective addition. Reliance can be placed on the judgment of Hon`ble jurisdictional Gujarat High Court in the case of Bhailal Manilal Patel vs. CIT, (2014) 49 taxmann.com 539 (Gujarat

PINKY MANISHKUMAR JARIWALA,SURAT vs. INCOME TAX OFFICER, WARD-2(2)(3), SURAT

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

Bench: Shri Dr. A. L. Sainiआयकर अपील सं./Ita Nos.280 To 282/Srt/2022 Assessment Years: (2009-10) (Physical Hearing) Pinky Manishkumar Jariwala, Vs. The Ito, 4/1710, Nawabwadi, Begampura, Ward – 2(2)(3), Surat – 395003. Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ahnpj7591D (Appellant) (Respondent) Assessee By Shri P. M. Jagasheth, Ca Shri Vinod Kumar, Sr. Dr Respondent By Date Of Hearing 23/08/2023 Date Of Pronouncement 28/08/2023

25. Besides, I also find merit in the submission of ld Counsel to the effect that penalty under section 271(1)(c) of the Act, should not be imposed on protective addition. Reliance can be placed on the judgment of Hon`ble jurisdictional Gujarat High Court in the case of Bhailal Manilal Patel vs. CIT, (2014) 49 taxmann.com 539 (Gujarat

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

25. This appeal is against the levy of penalty u/s 271(1)(c) of the Act by the AO vide order dated 21.09.2022. Penalty proceedings u/s.271(1)(c) of the Act were also initiated by the AO for concealing particulars of income while completing the order of re-assessment u/s 147 r.w.s. 144 dated 31.03.2022. The assessee was given sufficient

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

25. This appeal is against the levy of penalty u/s 271(1)(c) of the Act by the AO vide order dated 21.09.2022. Penalty proceedings u/s.271(1)(c) of the Act were also initiated by the AO for concealing particulars of income while completing the order of re-assessment u/s 147 r.w.s. 144 dated 31.03.2022. The assessee was given sufficient

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

25. This appeal is against the levy of penalty u/s 271(1)(c) of the Act by the AO vide order dated 21.09.2022. Penalty proceedings u/s.271(1)(c) of the Act were also initiated by the AO for concealing particulars of income while completing the order of re-assessment u/s 147 r.w.s. 144 dated 31.03.2022. The assessee was given sufficient

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

25. This appeal is against the levy of penalty u/s 271(1)(c) of the Act by the AO vide order dated 21.09.2022. Penalty proceedings u/s.271(1)(c) of the Act were also initiated by the AO for concealing particulars of income while completing the order of re-assessment u/s 147 r.w.s. 144 dated 31.03.2022. The assessee was given sufficient

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

25. This appeal is against the levy of penalty u/s 271(1)(c) of the Act by the AO vide order dated 21.09.2022. Penalty proceedings u/s.271(1)(c) of the Act were also initiated by the AO for concealing particulars of income while completing the order of re-assessment u/s 147 r.w.s. 144 dated 31.03.2022. The assessee was given sufficient

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

25. This appeal is against the levy of penalty u/s 271(1)(c) of the Act by the AO vide order dated 21.09.2022. Penalty proceedings u/s.271(1)(c) of the Act were also initiated by the AO for concealing particulars of income while completing the order of re-assessment u/s 147 r.w.s. 144 dated 31.03.2022. The assessee was given sufficient

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

25. This appeal is against the levy of penalty u/s 271(1)(c) of the Act by the AO vide order dated 21.09.2022. Penalty proceedings u/s.271(1)(c) of the Act were also initiated by the AO for concealing particulars of income while completing the order of re-assessment u/s 147 r.w.s. 144 dated 31.03.2022. The assessee was given sufficient

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

25. This appeal is against the levy of penalty u/s 271(1)(c) of the Act by the AO vide order dated 21.09.2022. Penalty proceedings u/s.271(1)(c) of the Act were also initiated by the AO for concealing particulars of income while completing the order of re-assessment u/s 147 r.w.s. 144 dated 31.03.2022. The assessee was given sufficient

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

u/s 143(2). Carrying out survey under section 133A is not at all any proceedings. Proceedings as used in section 271(1)(c) are statutory proceedings initiated against the assessee either by issuance of statutory notice or after filing of return of income. Survey u/s.133A or search under section 132 or issuance of notice u/s.133(6) for example, are only

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

u/s 143(2). Carrying out survey under section 133A is not at all any proceedings. Proceedings as used in section 271(1)(c) are statutory proceedings initiated against the assessee either by issuance of statutory notice or after filing of return of income. Survey u/s.133A or search under section 132 or issuance of notice u/s.133(6) for example, are only

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

u/s 143(2). Carrying out survey under section 133A is not at all any proceedings. Proceedings as used in section 271(1)(c) are statutory proceedings initiated against the assessee either by issuance of statutory notice or after filing of return of income. Survey u/s.133A or search under section 132 or issuance of notice u/s.133(6) for example, are only

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

u/s 143(2). Carrying out survey under section 133A is not at all any proceedings. Proceedings as used in section 271(1)(c) are statutory proceedings initiated against the assessee either by issuance of statutory notice or after filing of return of income. Survey u/s.133A or search under section 132 or issuance of notice u/s.133(6) for example, are only

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

u/s 143(2). Carrying out survey under section 133A is not at all any proceedings. Proceedings as used in section 271(1)(c) are statutory proceedings initiated against the assessee either by issuance of statutory notice or after filing of return of income. Survey u/s.133A or search under section 132 or issuance of notice u/s.133(6) for example, are only