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“deletion of penalty”

PenaltySection 271Section 271348 judgments

The decision most relied on for deletion of penalty is Akhil Bhartiya Prathmik Shikshak Sangh Bhawan Trust v. ADIT (115 TTJ 419), cited in 292 judgments on BharatTax.

Leading authorities on deletion of penalty

Akhil Bhartiya Prathmik Shikshak Sangh Bhawan Trust v. ADIT
115 TTJ 419 · 2008 · ITAT
292
citing judgments

Penalty under Section 272A(1)(d) for non-compliance with a notice issued under Section 142(1) is not leviable when the assessee demonstrates a reasonable cause for such non-compliance. The decision defines what constitutes 'reasonable cause' in this context.

Earthmoving Equipment Service Corporation v. DCIT 22(2), Mumbai
84 Taxmann.com 51 · 2017 · ITAT
263
citing judgments

A penalty levied under Section 271(1)(c) for concealment of income or furnishing inaccurate particulars cannot be deleted merely due to technical defects in the penalty notice, such as not ticking the specific default, if the assessee understood the charges.

K.C. Builders & Anr. v. ACIT
265 ITR 562 · 2004 · Supreme Court
241
citing judgments

When the addition made in the assessment order, on the basis of which a penalty for concealment under section 271(1)(c) is levied, is subsequently deleted, the penalty has no basis and must be cancelled.

CIT v. Subhash Trading Co. Ltd.
221 ITR 110 · 1996 · High Court
146
citing judgments

Penalty under Section 271(1)(c) of the Income Tax Act cannot be levied when an addition to income is based purely on an estimate, without concrete evidence proving concealment of income or furnishing of inaccurate particulars.

CIT v. Krishi Tyre Retreading and Rubber Industries
360 ITR 580 · 2014 · High Court
117
citing judgments

No penalty under section 271(1)(c) of the Income Tax Act is leviable when an addition to income is made purely on an estimation basis, absent concrete evidence of concealment or furnishing inaccurate particulars.

CIT v. Sangrur Vanaspati Mills Ltd.
303 ITR 53 · 2008 · High Court
116
citing judgments

Penalty under section 271(1)(c) of the Income-tax Act is not leviable when an addition to income is made purely on an estimated basis, without any concrete evidence of concealment or furnishing of inaccurate particulars.

Surajmal Parsuram Todi v. CIT
222 ITR 691 · 1996 · High Court
114
citing judgments

A penalty under Section 271B for failure to get accounts audited cannot be levied if a penalty under Section 271A has already been imposed for non-maintenance of books of account.

Commissioner of Income Tax v. Triumph International Finance (I) Ltd.
345 ITR 270 · 2012 · High Court
114
citing judgments

Transactions involving the receipt or repayment of loans or deposits solely through journal entries, without actual cash movement, contravene Sections 269SS and 269T. However, penalties under Sections 271D or 271E for such contraventions are not imposable if the assessee demonstrates a reasonable cause under Section 273B, particularly when no cash has passed between parties.

Judgments citing deletion of penalty

Proton Positive Health Care India Private Limited, Hyderabad vs. ACIT., Circle -16(2), Hyderabad

In the result, the appeal filed by the assessee company is allowed in terms of our aforesaid observations

ITA 812/HYD/2025[2016-17]Status: DisposedITAT Hyderabad03 Dec 2025AY 2016-17

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.812/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2016-17) Proton Positive Health Vs. Assistant Commissioner Care India Private Limited, Of Income Tax, Hyderabad. Circle-16(2), Pan: Aafcp6862K Hyderabad. (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri M.V. Prasad, Ca राज" व "ारा/Revenue By: Dr. Sachin Kumar, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 19/11/2025 घोषणा की तारीख/Date Of 03/12/2025 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Present Appeal Filed By The Assessee Company Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals) (For Short, “Cit(A)”) Dated 07/03/2025, Which In Turn Arises From The Order Passed By The Assessing Officer (For Short, “Ao”) Under Section 271(1)(C) Of The Income-Tax Act, 1961 (For Short, “Act”) Dated 28/06/2019 For Ay 2016-17. The Assessee Has Assailed The Impugned Order Passed By The Cit(A) On The Following Grounds Of Appeal Before Us:

For Appellant: Shri M.V. Prasad, CAFor Respondent: Dr. Sachin Kumar, Sr. AR
Section 143(1)Section 271(1)Section 271(1)(c)Section 56(2)(viib)

deem it apposite to cull out the observations of Hon’ble High Court, as under: “The issue involved in the appeal revolves around deletion of penalty under Section 271(1)(c) of the I.T.Act. The Tribunal has concurred with the view taken by the Commissioner of Income

Excelra Knowledge Solutions Private Limited, Hyderabad vs. DCIT., Circle-8(1), Hyderabad

In the result, the appeal of the assessee is allowed

ITA 545/HYD/2025[2018-19]Status: DisposedITAT Hyderabad26 Nov 2025AY 2018-19

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.545/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2018-19) Excelra Knowledge Vs. Dy.Cit Solutions Private Limited Circle 8(1) Hyderabad Hyderabad Pan:Aafcg5715Q (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate H Srinivasulu राज" व "ारा/Revenue By:: Shri Ranjan Agrawala, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 17/11/2025 घोषणा की तारीख/Pronouncement: 26/11/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Excelra Knowledge Solutions Private Limited (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”) Dated 22.01.2025 For The A.Y 2018-19. Page 1 Of 8

For Appellant: Advocate H SrinivasuluFor Respondent: : Shri Ranjan Agrawala, Sr. DR
Section 10ASection 143(2)Section 143(3)Section 270ASection 270A(6)(a)

audited financials and acted under a bona fide legal understanding, no penalty can be imposed. Thus, the Ld. AR prayed for deletion of penalty. 6. Per contra, the Learned Departmental Representative (“Ld. DR”) supported the orders of the Ld. AO and Ld. CIT(A). He argued that the assessee ... considered view, the penalty levied by the Ld. AO is liable to be deleted. Accordingly, the Ld. AO is directed to delete the penalty of Rs.54,45,894/-. Page 7 of 8 ITA No 545 of 2025 Excelra Knowledge Solutions P Ltd 9. Since we have allowed the appeal

Sampath Reddy Vem, Warangal vs. ITO., Ward-1, Warangal

In the result, the appeal in ITA No

ITA 1230/HYD/2025[2014-15]Status: DisposedITAT Hyderabad19 Nov 2025AY 2014-15

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.1229 & 1230/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2014-15) Shri Sampath Reddy Vem Vs. Income Tax Officer Warangal Ward-1 Pan:Adfpv3598L Warangal (Respondent) िनधा""रती "ारा/Assessee By: Shri K.A. Sai Prasad, Ca राज" व "ारा/Revenue By:: Shri R. Kumaran, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 12/11/2025 घोषणा की तारीख/Pronouncement: 19/11/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: Theses Appeals Are Filed By Shri Sampath Reddy Vem (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”) Dated 23.05.2025 & 24.05.2025 Respectively For The A.Y 2014-15. As Both The Appeals Are Related To The Same Assessee Therefore, For The Purpose Of Convenience & Brevity, These Two Appeals Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Shri K.A. Sai Prasad, CAFor Respondent: : Shri R. Kumaran, Sr. DR
Section 143(3)Section 44A

assessment and penalty proceedings was duly supported by the factual matrix, and the absence of mens rea or deliberate concealment should have warranted deletion of penalty. 6. The appellant craves leave to add, amend, modify, rescind, supplement or alter any or more grounds of appeal stated herein above either before

Sampath Reddy Vem, Warangal vs. ITO., Ward - 1, Warangal

In the result, the appeal in ITA No

ITA 1229/HYD/2025[2014-15]Status: DisposedITAT Hyderabad19 Nov 2025AY 2014-15

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.1229 & 1230/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2014-15) Shri Sampath Reddy Vem Vs. Income Tax Officer Warangal Ward-1 Pan:Adfpv3598L Warangal (Respondent) िनधा""रती "ारा/Assessee By: Shri K.A. Sai Prasad, Ca राज" व "ारा/Revenue By:: Shri R. Kumaran, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 12/11/2025 घोषणा की तारीख/Pronouncement: 19/11/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: Theses Appeals Are Filed By Shri Sampath Reddy Vem (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”) Dated 23.05.2025 & 24.05.2025 Respectively For The A.Y 2014-15. As Both The Appeals Are Related To The Same Assessee Therefore, For The Purpose Of Convenience & Brevity, These Two Appeals Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: Shri K.A. Sai Prasad, CAFor Respondent: : Shri R. Kumaran, Sr. DR
Section 143(3)Section 44A

assessment and penalty proceedings was duly supported by the factual matrix, and the absence of mens rea or deliberate concealment should have warranted deletion of penalty. 6. The appellant craves leave to add, amend, modify, rescind, supplement or alter any or more grounds of appeal stated herein above either before