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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

Rama Chandra Jadhav, Pune vs. The Income Tax Officer, Ward-13(2), Pune

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

ITA 2076/PUN/2024[2017-18]Status: DisposedITAT Pune25 Nov 2024AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.2076/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Rama Chandar Jadhav, V The Income Tax Officer, A/P-Ahmadabad, Tal-Shirur, S Ward-13(2), Pune. Dist-Pune – 412218. Pan: Appellant/ Assessee Respondent / Revenue Assessee By Smt.Deepa Khare – Ar Revenue By Shri Arvind Desai – Addl.Cit(Dr) Date Of Hearing 18/11/2024 Date Of Pronouncement 25/11/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] U/Sec.250 Of The Income Tax Act, 1961; Dated 22.08.2024 For The A.Y.2017-18. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Id Cit(A) Erred In Facts & On Law In Levying The Penalty U/S 270A Under Reporting Misreporting Of Income. 2. The Id Cit(A) Erred In Facts & On Law In Confirming Penalty U/S 270A In Absence Of Specific Limb In The Show Cause Notice Dated 26.12.2019 Under Which The Penalty U/S 270A Is To Be Levied. 3. The Id Cit(A) Erred In Facts & On Law In Confirming Penalty U/S 270A In Absence Of Specific Limb In The Penalty Order Dated 19/01/2022 Under Which The Penalty U/S 270A Is To Be Levied. 4. The Id Cit(A) Erred In Law & On Facts In Failing To Consider That The Entire Penalty Proceedings Were Conducted & Concluded During The Covid -19 Pandemic Which Is In Contravention To The Principles Of Natural Justice. 5. The Assesse Craves Leave To Add, Alter, Modify Or Substitute Any Of The Ground Of Appeal At The Time Of Hearing.” Submission Of Ld.Ar : 2. The Ld.Ar Submitted That This Is An Appeal Against The Penalty Order Under Section 270A Of The Act.

Section 250Section 270ASection 89(1)

Assessee has raised the following grounds of appeal : “1. The ID CIT(A) erred in facts and on law in levying the penalty u/s 270A under reporting misreporting of income. 2. The Id CIT(A) erred in facts and on law in confirming penalty u/s 270A in absence of specific ... limb in the show cause notice dated 26.12.2019 under which the Penalty u/s 270A is to be levied. 3. The Id CIT(A) erred in facts and on law in confirming penalty u/s 270A in absence of specific limb in the Penalty order dated 19/01/2022 under which the penalty u/s

Dy. Commissioner of Income Tax(Exemptions)-2(1), Mumbai vs. Swami Vivekanand Medical Mission, Mumbai

In the result, both the appeals of the Revenue are dismissed

ITA 3531/MUM/2024[2020-21]Status: DisposedITAT Mumbai19 Nov 2024AY 2020-21

Bench: Smt. Beena Pillai & Shri Prabhash Shankarassessment Year: 2020-21 & Assessment Year: 2020-21 Dy. Commissioner Of Income Swami Vivekanand Tax (Exemptions)-2(1), Medical Mission Room No. 608, 6Th Floor, Peddar C/O Sanjivani Hospital, Vs. Road, Cumbala Hill, Datta Mandir Road, Mumbai - 400026 Virar(W) Mumbai – 401303 Pan: Aabts9185K (Appellant) (Respondent) Present For: Assessee By : Shri Anil Sathe,Ca Revenue By : Shri Dr Kishore Dhule,Cit(Dr) Date Of Hearing : 28.10.2024 Date Of Pronouncement : 19.11.2024 O R D E R Per : Prabhash Shankar: The Above Two Appeals Filed By The Revenue Emanate From The Appellate Order Passed By The Ld. Cit(A)/National Faceless Appeal Centre (Nfac), Delhi, With Regard To The Assessment/Penalty Orders Passed Under Section 143(3) & 270A Of The Income Tax Act 1961, (In Short ‘The Act’) For The A.Y. 2020-21. 2. We Take Up The Quantum Appeal First Relating To Assessment Order In Ita No.3531/M/2024 Assessment Year: 2020-21. The Revenue Has Raised Following Grounds Of Appeal :

For Appellant: Shri Anil Sathe,CAFor Respondent: Shri Dr Kishore Dhule,CIT(DR)
Section 11Section 143(3)Section 2(15)

deleted penalty as quantum appeal was already allowed in favour of the assessee by him as the underlying addition itself did not survive penalty u/s 270A could not stand at all.Since we have upheld the decision of the ld.CIT(A) in the preceding ground, penalty being inconsequential, no interference

Dy. Commissioner of Income Tax(Exemptions)-2(1), Mumbai vs. Swami Vivekanand Medical Mission, Mumbai

In the result, both the appeals of the Revenue are dismissed

ITA 3530/MUM/2024[2020-21]Status: DisposedITAT Mumbai19 Nov 2024AY 2020-21

Bench: Smt. Beena Pillai & Shri Prabhash Shankarassessment Year: 2020-21 & Assessment Year: 2020-21 Dy. Commissioner Of Income Swami Vivekanand Tax (Exemptions)-2(1), Medical Mission Room No. 608, 6Th Floor, Peddar C/O Sanjivani Hospital, Vs. Road, Cumbala Hill, Datta Mandir Road, Mumbai - 400026 Virar(W) Mumbai – 401303 Pan: Aabts9185K (Appellant) (Respondent) Present For: Assessee By : Shri Anil Sathe,Ca Revenue By : Shri Dr Kishore Dhule,Cit(Dr) Date Of Hearing : 28.10.2024 Date Of Pronouncement : 19.11.2024 O R D E R Per : Prabhash Shankar: The Above Two Appeals Filed By The Revenue Emanate From The Appellate Order Passed By The Ld. Cit(A)/National Faceless Appeal Centre (Nfac), Delhi, With Regard To The Assessment/Penalty Orders Passed Under Section 143(3) & 270A Of The Income Tax Act 1961, (In Short ‘The Act’) For The A.Y. 2020-21. 2. We Take Up The Quantum Appeal First Relating To Assessment Order In Ita No.3531/M/2024 Assessment Year: 2020-21. The Revenue Has Raised Following Grounds Of Appeal :

For Appellant: Shri Anil Sathe,CAFor Respondent: Shri Dr Kishore Dhule,CIT(DR)
Section 11Section 143(3)Section 2(15)

deleted penalty as quantum appeal was already allowed in favour of the assessee by him as the underlying addition itself did not survive penalty u/s 270A could not stand at all.Since we have upheld the decision of the ld.CIT(A) in the preceding ground, penalty being inconsequential, no interference

ACIT, Central Circle-2(4), Hyderabad vs. Incredible India Projects Private Limited, Secunderabad

In the result, appeals filed by the Revenue for the assessment years 2017-18 and 2018-19 are allowed for statistical purpose

ITA 604/HYD/2022[2017-18]Status: HeardITAT Hyderabad14 Nov 2024AY 2017-18

Bench: Shri Manjunatha, G. & Shri K. Narasimha Charyआ.अपी.सं /Ita No.604 & 605/Hyd/2022 (निर्धारण वर्ा/Assessment Year: 2017-18 & 2018-19) Acit Vs. Incredible India Projects Central Circle-2(4) Private Limited Hyderabad Secunderabad [Pan : Aabci9355A] (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri Sandeep Goel, Ar रधजस् व द्वधरध/Revenue By:: Shri B.Bala Krishna, Cit, Dr सुिवधई की तधरीख/Date Of 19/09/2024 Hearing: घोर्णध की तधरीख/Pronouncement: 14/11/2024 आदेश / Order Per. Manjunatha G., A.M: These Two Appeals Filed By The Revenue Are Directed Against The Separate, But Identical Orders Of The Learned Commissioner Of Income Tax (Appeals) [Learned Cit(A)]-12, Hyderabad, Both Dated 30/08/2022, Pertaining To A.Y.2017-18 & 2018-19. Since The Facts Are Identical & Issues Are Common, For The Sake Of Convenience, These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order.

For Appellant: Shri Sandeep Goel, ARFor Respondent: : Shri B.Bala Krishna, CIT, DR
Section 132Section 143Section 143(3)Section 153ASection 270ASection 270A(2)Section 270A(9)(d)Section 271ASection 274

ambit of undisclosed income as per Explanation 3 of section 271AAB of the Act. The Assessing Officer after considering the relevant submissions, levied penalty u/s 270A of the Act for the A.Y.2017-18 for under reporting of income which in consequence of mis-reporting thereof. Similarly, the Assessing Officer levied penalty ... assessee referring to application filed under Rule 27 of ITAT Rules, 1963 for both the assessment years submitted that, the Assessing Officer levied penalty u/s 270A and 271AAB of the Act for the A.Y.2017-18 and 2018-19 respectively on the basis of vague show cause notice issued u/s 274 r.w.s

Melakandy Puthalath Farook, Chennai vs. ACIT, Corporate Circle-2(1), Chennai

The appeal stands partly allowed in terms of our above order

ITA 1890/CHNY/2024[2017-18]Status: DisposedITAT Chennai05 Nov 2024AY 2017-18

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1890/Chny/2024 (िनधा*रणवष* / Assessment Year: 2017-18) Shri Melekandy Puthalath Farook Acit बनाम/ Faraz No.9 Sbi Colony, Corporate Circle-2(1) Vs. Sastri Nagar, Adyar, Chennai-600 020. Chennai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaapf-2644-P (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri D. Anand (Advocate) - Ld. Ar " थ"कीओरसे/Respondent By : Ms. R. Anita (Addl.Cit) -Ld. Sr. Dr

For Appellant: Shri D. Anand (Advocate) - Ld. ARFor Respondent: Ms. R. Anita (Addl.CIT) -Ld. Sr. DR
Section 270ASection 270A(9)Section 270A(9)(a)Section 274

घोषणाकीतारीख /Date of Pronouncement : 05-11-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aggrieved by confirmation of penalty u/s 270A for Rs.54.10 Lacs for Assessment Year (AY) 2017-18, the assessee is in further appeal before us. The impugned order has been passed ... offered to tax. The Ld. AO computed LTCG of Rs.112.06 Lacs and framed the assessment. Consequently, in the assessment order, Ld. AO initiated penalty u/s 270A for misreporting of income. 4. During penalty proceedings, a show-cause notice was issued to the assessee u/s 274 r.w.s. 270A