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Documents citing Commissioner Of Income Tax ... vs Maa Khodiyar Construction on 27 February, 2015

Bhupendrasingh Hakamsingh Luhar, ... vs Department Of Income Tax on 30 November, 2015

We further find that the Hon'ble Gujarat High Court in the case of CIT vs. Maa Khodiyar Construction (supra) has concluded that the penalty will not ordinarily be imposed unless the party obliged, either acted deliberately in defiance of law or was guilty of conduct contumacious or dishonest, or act in conscious disregard to its obligation. Before us, the Revenue has not pointed out any fallacy in the finding of the ld. CIT(A) nor has placed on record any contrary binding decision in its support. In view of the aforesaid facts, we find no reason to interfere with the order of the CIT(A) and therefore the ground of the Revenue is dismissed.
Income Tax Appellate Tribunal - Ahmedabad Cites 2 - Cited by 0 - Full Document

Income Tax Officer, Ward-2 (3) (5),, ... vs Ushaben G. Vasjaliya, L/H Sh. ... on 22 February, 2017

Contention of AR that loans were obtained in emergency to deposit in bank for obtaining VISA for appellant's son have force and needs to be appreciated. Also, loans were accepted as genuine in assessment proceedings after due verification of lenders, hence there was reasonable cause within the meaning of provisions of section 273B. Violation of provisions of section 269SS can be regarded as technical and venial breach, in view of fact that appellant being old lady not well versed with provisions of law. Considering conspicuous facts of the case decision of hon.Gujarat High Court in the case of CIT vs. Maa Khodiyar Construction 365 ITR 474 is relevant which is squarely applicable to facts of the present case. "Section 269SS of the Act at this stage requires consideration along with Sections 271D and 273B of the Act. Any loan or deposit, if, accepted by any person otherwise than by an account payee cheque or account payee bank draft from any person exceeding rupees twenty thousand rupees or more.
Income Tax Appellate Tribunal - Rajkot Cites 10 - Cited by 2 - Full Document

Shri Rakesh Bhailalbhai Patel,, ... vs The Jt. Cit, Central Range-1,, ... on 11 June, 2018

7. At the time of hearing of the appeal, the Ld.AR reiterated the submission as was made by the assessee before the lower authorities. He further relied upon the judgement of Hon'ble Jurisdictional High Court in the case of CIT, Ahmedabad- IV, vs. Maa Khodiyar Construction (2014) 45 taxmann.com 566 (Gujarat) as well as the order passed by the Ld.ITAT Kolkata Bench in ITA Nos.331 & 332/Kol/2010 passed on 25/11/201.
Income Tax Appellate Tribunal - Ahmedabad Cites 8 - Cited by 0 - Full Document
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