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“penalty u/s 270A”

PenaltySection 270ASection 270A583 judgments

The decision most relied on for penalty u/s 270A is HCIL Arsspl Triveni (JV) v. ACIT ( (274 ITR 603), cited in 21 judgments on BharatTax.

Leading authorities on penalty u/s 270A

Judgments citing penalty u/s 270A

Rajendra Shivaji Thete, Nashik vs. ITO Ward 2(1), Nashik

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 2431/PUN/2024[2018-19]Status: DisposedITAT Pune21 Feb 2025AY 2018-19

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2431/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Rajendra Shivaji Thete, Vs. Ito, Ward-2(1), Nashik. Shivanjali, Plot No.25, H.No.4669, Shivaji Nagar, Ozar Mig, Nashik- 422206. Pan : Abwpt0060C Appellant Respondent Assessee By : None Revenue By : Shri Arvind Desai : 09.01.2025 Date Of Hearing Date Of Pronouncement : 21.02.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 26.09.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Learned Commissioner Of Income Tax Is Not Justified In Levying Penalty U/S 270A Of Rs. 1,49,704/- On The Ground That The Assesse Had Under Reporting Of Income In Consequence Of Misreporting Of Income. In Consequence Of Misreporting Without Appreciating That The Said Levy Of Penalty Was Not Justified In Law.

For Appellant: NoneFor Respondent: Shri Arvind Desai
Section 147Section 148Section 270A

appellant has raised the following grounds of appeal :- “1. The learned Commissioner of Income Tax is not justified in levying penalty u/s 270A of Rs. 1,49,704/- on the ground that the assesse had under reporting of income in consequence of misreporting of income. In consequence of misreporting without ... complaint filed against Tax Consultant before Economic Wing of Police Department etc. were also furnished by the assesse and therefore, the levy of penalty u/s 270A without rebutting the explanation offered by the assesse was not justified in view of provisions of the said Act. 3. The learned Commissioner

Income Tax Officer, Ward 1 Nanded, Nanded vs. Satyawan Arjunrao Shinde, Osmanabad

In the result, the appeal filed by the Revenue is dismissed

ITA 2109/PUN/2024[2018-19]Status: DisposedITAT Pune21 Feb 2025AY 2018-19

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2109/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Ito, Ward-1, Nanded. Vs. Satyawan Arjunrao Shinde, Nagar Accident Hospital, Gore Complex, Samta Nagar, Osmanabad- 413501. Pan : Baeps8869J Appellant Respondent Revenue By : Shri Arvind Desai Assessee By : Shri B. P. Jaju Date Of Hearing : 02.12.2024 Date Of Pronouncement : 21.02.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 06.08.2024 Passed By Ld. Cit(A), Pune-12 [‘Ld. Cit(A)’] For The Assessment Year 2018-19. 2. The Revenue Has Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Failed To Appreciate The Facts That The Assessee Has Suppressed Professional Receipts Not Shown In His Itr, Ld. Cit(A)-12, Pune Vide Letter Dtd.02/01/2023 Directed That Penalty Proceedings U/S 270A Of The Act May Be Initiated By The Ao At The Time Of Giving Effect To The Appeal Order Dtd.28/11/2022. Accordingly Ao Initiated Penalty Proceedings As Per Clause (E) Of Sub-Section 9 Of Section 270A Of The Act.

For Appellant: Shri B. P. JajuFor Respondent: Shri Arvind Desai
Section 133ASection 2Section 270ASection 270A(1)Section 274Section 9

represents professional income only. The Assessing Officer then wrote a letter to Ld. CIT(A), Pune-12 and asked the permission to levy penalty u/s 270A of the IT Act. Ld. CIT(A), Pune-12 replied on 02.01.2023 that : “penalty proceedings u/s 270A of the IT is consequential ... basis of above letter received from Ld. CIT(A), Pune-12 and since the assessee has not replied, the Assessing Officer imposed penalty u/s 270A(9)(e) of the IT Act. After considering the reply of the assessee, Ld. CIT(A) deleted the penalty u/s 270A(9)(e) by observing

Santosh Ashokrao Barhanpurkar, Nashik vs. Income Tax Officer Ward 2(1), Nashik

In the result, the appeal of the assessee is allowed

ITA 2140/PUN/2024[2018-19]Status: DisposedITAT Pune20 Feb 2025AY 2018-19

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2140/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Santosh Ashokrao Vs. Ito, Ward-2(1), Nashik. Barhanpurkar, Flat No.B-8, Deepali Appt., Near Bus Stop Mahatmangar, Nashik- 422007. Pan : Aawpb8671N Appellant Respondent Assessee By : None Revenue By : Shri Basavaraj Hiremath Date Of Hearing : 09.12.2024 Date Of Pronouncement : 20.02.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23.07.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Learned Commissioner Of Income Tax Is Not Justified In Levying Penalty U/S 270A Of Rs. 1,15,938/- On The Ground That The Assesse Had Under-Reported As A Consequence Of Misreporting Of Income Without Appreciating That The Said Levy Of Penalty Was Not Justified In Law.

For Appellant: NoneFor Respondent: Shri Basavaraj Hiremath
Section 147Section 148Section 270A

appellant has raised the following grounds of appeal :- “1. The learned Commissioner of Income Tax is not justified in levying penalty u/s 270A of Rs. 1,15,938/- on the ground that the assesse had under-reported as a consequence of misreporting of income without appreciating that the said levy ... complaint filed against Tax Consultant before Economic Wing of Police Department etc. were also furnished by the assesse and therefore, the levy of penalty u/s 270A without rebutting the explanation offered by the assesse was not justified in view of provisions of the said Act. 3. The learned Commissioner

Santosh Ashokrao Barhanpurkar, Nashik vs. Income Tax Officer Ward 2(1), Nashik

In the result, the appeal filed by the assessee in ITA

ITA 2131/PUN/2024[2016-17]Status: DisposedITAT Pune18 Feb 2025AY 2016-17

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.2131 & 2132/Pun/2024 निर्धारण वर्ष / Assessment Years : 2016-17 & 2017-18 Santosh Ashokrao Vs. Ito, Ward-2(1), Nashik. Barhanpurkar, Flat No.B-8, Deepali Appt., Near Bus Stop Mahatmanagar, Nashik- 422007. Pan: Aawpb8671N Appellant Respondent Assessee By : None Revenue By : Shri Arvind Desai Date Of Hearing : 05.12.2024 Date Of Pronouncement : 18.02.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 23.07.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Years 2016-17 & 2017-18 Respectively. Since The Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Assessee, We Proceed To Dispose Of The Same By This Common Order. First, We Shall Take Up The Appeal Of The Assessee In Ita No.2131/Pun/2024 For A.Y. 2016-17.

For Appellant: NoneFor Respondent: Shri Arvind Desai
Section 147Section 148Section 271(1)(c)

year 2016-17 and was replaced by a new section i.e. 270A of the IT Act, the Assessing Officer under similar facts imposed penalty u/s 270A of the IT Act for assessment year 2017-18. As the facts of the case have already been discussed in preceding paragraphs, we proceed ... furnished return in response to above notices and disclosed the correct income which was accepted by the Assessing Officer while completing the assessment. Penalty u/s 270A was initiated in the assessment order and subsequently penalty of Rs.66,332/- u/s 270A(9) was imposed for underreporting of income as a consequence