SHRI VITTHAL SAHAKARI SAKHAR KARKHANA LTD,SOLAPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 14, SOLAPUR

ITA 3319/PUN/2025Status: DisposedITAT Pune06 July 2026AY 2016-177 pages
AI SummaryAllowed

What were the facts?

The assessee, a co-operative society, was levied a penalty under Section 271(1)(c) for additions made to its income, specifically VSI contribution and interest on IT refund. The CIT(A) had confirmed the penalty.

What did the Tribunal hold?

The Tribunal held that penalty was not leviable on the VSI contribution as the issue was decided in favour of the assessee by previous Tribunal orders. For the interest on IT refund, it was considered a human error due to non-availability of breakup, not a deliberate concealment.

What were the issues?

Whether penalty under Section 271(1)(c) is leviable on additions related to VSI contribution and interest on IT refund when the assessee claims these were not deliberate attempts to evade tax.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 35(1),Section 244A,Section 37

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

Before: SHRI R. K. PANDA & Ms. ASTHA CHANDRA

For Appellant: Shri Pramod Shingte
For Respondent: Ms. Bhavya I.V., Jt. CIT

PER R.K. PANDA, VP:

This appeal filed by the assessee is directed against the order dated 06.11.2025 of the Ld. CIT(A) / NFAC, Delhi relating to assessment year 2016-17. 2. Although a number of grounds have been raised by the assessee, however, these all relate to the order of the Ld. CIT(A) / NFAC in confirming the penalty of Rs.4,14,259/- levied by the Assessing Officer u/s 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’).

3.

Facts of the case, in brief, are that the assessee is a co-operative society and filed its return of income on 29.09.2016 declaring total loss of Rs.4,50,38,687/-. The case was selected for scrutiny under CASS and thereafter the Assessing Officer completed the

The order continues below.

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