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110 results for “penalty u/s 271”+ Section 5(1)clear

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Key Topics

Section 271(1)(c)119Addition to Income75Section 14771Penalty70Section 14850Section 27135Section 153A33Section 143(3)30Section 271(1)(b)

SMT. SARLA DEVI,ALIGARH vs. ITO WARD 1(1), ALIGARH

In the result, the appeal is allowed

ITA 70/AGR/2017[2007-08]Status: DisposedITAT Agra17 May 2018AY 2007-08

Bench: Shri A. D. Jain

Section 271Section 271(1)(c)Section 68Section 69Section 69C

5. Because the penalty imposed by the Assessing Officer is after applying Explanation 1 to section 271(l)(c). Ld. CIT(A) has legally erred in confirming the penalty ignoring the fact that the Assessing Officer has not specifically mentioned whether Explanation 1 (A) is applicable or Explanation 1(B). Penalty u/s

MS/ BHOLE BABA MILK FOOD INDUSTRIES,AGRA vs. THE A.C.I.T.,CIRCLE-4(1), AGRA

Showing 1–20 of 110 · Page 1 of 6

28
Section 6824
Disallowance21
Cash Deposit20

In the result, the appeal filed by the assessee, is allowed

ITA 378/AGR/2014[2008-09]Status: DisposedITAT Agra09 Mar 2018AY 2008-09
Section 271Section 271(1)Section 271(1)(c)Section 274Section 44A

Section 274,for the penalty levied u/s 271(1)(c) of the I.T. Act, in facts and circumstances similar to those attending this appeal has been discussed by the Division Bench of the Agra ITAT, while disposing of ITA No. 118/Agra/2015, in the case of ‘Sachin Arora vs. ITO’ for A.Y. 2008-09 and other appeals. 5

SH. SACHIN ARORA,MATHURA vs. I.T.O.-3(4), MATHURA

In the result, all the appeals are allowed

ITA 118/AGR/2015[2008-09]Status: DisposedITAT Agra19 Dec 2017AY 2008-09

Bench: Shri A. D. Jain & Dr. Mitha Lal Meena

271(1)(c) of the Act, on 11.08.2010 is not in confirmity with the law. 4. As per the ld. DR, however, the notice is entirely as per law. 5. The aforesaid notice (APB page 7) reads as follows: “Sub: Penalty notice u/s 274 read with section

ZILA SAHKARI BANK LTD,JHANSI vs. DCIT -2(3)(1), JHANSI

In the result, both the appeals filed by the assessee, are allowed

ITA 193/AGR/2017[2013-14]Status: DisposedITAT Agra07 Aug 2018AY 2013-14

Bench: Shri A. D. Jain & Dr. Mitha Lal Meena

Section 143(3)Section 271(1)Section 271(1)(c)Section 274Section 44A

5. The aforesaid notice (APB page 7) reads as follows: “Sub: Penalty notice u/s 274 read with section 271(1

BLM HOSPITALS PRIVATE LIMITED ,FARRUKHABAD vs. DCIT CIRCLE 4(2)(1), FARRUKHABAD

In the result, the appeal of the assessee is allowed

ITA 20/AGR/2023[2016-17]Status: DisposedITAT Agra05 Feb 2025AY 2016-17

Bench: Shri M. Balaganesh(Through Virtual Hearing)

For Appellant: Shri Swaran Singh, CAFor Respondent: Shri Shailendra Shrivastava, Sr. DR
Section 115JSection 143(3)Section 154Section 271(1)Section 271(1)(c)Section 274

u/s 271(1)(c). Therefore it is held that penalty imposed under section 271(1)(c) amounting to Rs.11,32,386/- qua revised MAT Credit be hereby deleted ." 5

TAHIR KHAN,JHANSI vs. INCOME TAX OFFICER-2(3)(1), JHANSI

In the result, assessee’s appeal is allowed

ITA 468/AGR/2025[2014-15]Status: DisposedITAT Agra15 Jan 2026AY 2014-15

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singhassessment Year: 2014-15

Section 143(3)Section 250Section 271(1)(c)Section 274Section 292BSection 56(2)(vii)

section 271(1)(c) of the 'Act' as per settled judicial position. 4 | P a g e 10. BECAUSE, the learned CIT(A) erred in confirming levy of penalty at 200% of the tax sought to be evaded, which is highly excessive, unjustified, and disproportionate to the alleged default, particularly when no deliberate concealment or malafide conduct was established, only

MR .AKSHAT DONERIA ,NOIDA vs. ITO 4(1) , AGRA

In the result, the appeal of the assessee is allowed

ITA 141/AGR/2018[2011-12]Status: DisposedITAT Agra25 Jul 2023AY 2011-12

Bench: Shri Shamim Yahya & Shri Yogesh Kumar Us

For Appellant: Shri P.K. Sahgel, AdvocateFor Respondent: Shri Shailendra Srivastava, Sr. DR
Section 142(1)Section 143(3)Section 271(1)(b)Section 273BSection 274

5 we find that non-appearance of the assessee before the AO was caused by non-receipt of the notice. This in our considered opinion can be construed as reasonable cause under section 273B for non-compliance by the assessee. Under such circumstances, rigors of penalty under section 271(1)(b) are not attracted in the case of the assessee

SH. GIRRAJ KISHORE AGARWAL, HUF,AGRA vs. DY.C.I.T., CIRCLE-1, AGRA

In the result, appeal of the assessee is allowed

ITA 2/AGR/2016[2010-11]Status: DisposedITAT Agra26 Oct 2017AY 2010-11

Bench: Shri A.D. Jain & Dr. Mitha Lal Meena

For Appellant: Shri K.K. Jain, AdvocateFor Respondent: Shri Waseem Arshad, Sr. D.R
Section 271Section 271(1)Section 271(1)(c)

u/s 271(1)(c). It is Said down that imposition of penalty under section 271(1)(c) is a civil liability and the burden of proof that there is no guilty mind is on the assessee. It is specifically stated that when the explanation offered is found to be false or when the assessee fails to provs. that the explanation

DIXIT RICE MILL ,AURAIYA vs. DCIT, BENGALURU

In the result, the appeal of assessee is treated as allowed for statistical

ITA 373/AGR/2018[2016-17]Status: DisposedITAT Agra10 Jan 2020AY 2016-17

Bench: Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 143(1)Section 246Section 246ASection 36

u/s 143(1) being bad in law is liable to be quashed. 4. Because in any view of the matter, no opportunity was provided to the assessee, by the CPC, before making such disallowance and therefore the disallowance being made is against the principle of natural justice and bad in law and hence liable to be deleted. 5. Because

YASH KUMAR GOYAL,GWALIOR vs. DCIT/ACIT 2(1), GWALIOR, GWALIOR

In the result, both appeals filed by the assessee are allowed

ITA 518/AGR/2025[2012-13]Status: DisposedITAT Agra19 Feb 2026AY 2012-13

Bench: : Shri S. Rifaur Rahman

Section 143(3)Section 147Section 148Section 153ASection 153CSection 271(1)(c)Section 274Section 50C

271(1)(c) are invalid and unsustainable in law as the Assessing Officer failed to specify in the notice under Section 274 whether the penalty was for "concealment of income" or "furnishing of inaccurate particulars of income," thereby violating principles laid down in various judicial precedents of hon'ble court. 5. That the penalty is not leviable as the alleged

YASH KUMAR GOYAL,GWALIOR vs. DCIT/ACIT 2(1), GWALIOR, GWALIOR

In the result, both appeals filed by the assessee are allowed

ITA 519/AGR/2025[2013-14]Status: DisposedITAT Agra19 Feb 2026AY 2013-14

Bench: : Shri S. Rifaur Rahman

Section 143(3)Section 147Section 148Section 153ASection 153CSection 271(1)(c)Section 274Section 50C

271(1)(c) are invalid and unsustainable in law as the Assessing Officer failed to specify in the notice under Section 274 whether the penalty was for "concealment of income" or "furnishing of inaccurate particulars of income," thereby violating principles laid down in various judicial precedents of hon'ble court. 5. That the penalty is not leviable as the alleged

NALANDA BUILDERS &DVELOPERS I P LTD,AGRA vs. DCIT CENTRAL CIRCLE, AGRA

The appeals are allowed for statistical purposes

ITA 142/AGR/2017[2009-10]Status: DisposedITAT Agra16 Jul 2019AY 2009-10

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 1Section 132Section 132(4)Section 153ASection 2Section 271Section 271ASection 68

5. That the appellate order dated 15.02.2017 is bad in law, liable to be set aside. 2. The ld. CIT(A) vide order dated 15.02.2017 had confirmed the penalty order passed by the Assessing Officer. While confirming the penalty orders, the ld. CIT(A) in paragraph No. 4.1 had recorded his findings to the following effect : 4.1 I have carefully

VECTUS INDUSTRIES LTD.,,GWALIOR vs. DCIT/ACIT 1(1) , GWALIOR

In the result, the appeal of the assessee is allowed

ITA 7/AGR/2023[2017-18]Status: DisposedITAT Agra06 Feb 2025AY 2017-18

Bench: Shri M. Balaganesh(Through Virtual Hearing)

For Appellant: Shri K. Sampath, AdvFor Respondent: Shri Shailender Shrivastava, Sr. DR
Section 271(1)Section 271(1)(c)Section 274

u/s 274 read with section 271(1)(c ) of the Act dated 30.12.2018 wherein it is very clear that the ld. AO had not specifically mentioned the offence committed by the assessee by striking off the irrelevant portion i.e. whether the assessee had concealed his particulars of income or had furnished inaccurate particulars of income. Now the short question that

VECTUS INDUSTRIES LTD.,GWALIOR vs. DCIT/ACIT 1(1), GWALIOR

In the result, the appeal of the assessee is allowed

ITA 6/AGR/2023[2012-13]Status: DisposedITAT Agra06 Feb 2025AY 2012-13

Bench: Shri M. Balaganesh(Through Virtual Hearing)

For Appellant: Shri K. Sampath, AdvFor Respondent: Shri Shailender Shrivastava, Sr. DR
Section 271(1)Section 271(1)(c)Section 274

u/s 274 read with section 271(1)(c ) of the Act dated 30.12.2018 wherein it is very clear that the ld. AO had not specifically mentioned the offence committed by the assessee by striking off the irrelevant portion i.e. whether the assessee had concealed his particulars of income or had furnished inaccurate particulars of income. Now the short question that

VECTUS INDUSTRIES LTD.,,GWALIOR vs. DCIT/ACIT 1(1), GWALIOR

In the result, the appeal of the assessee is allowed

ITA 8/AGR/2023[2018-19]Status: DisposedITAT Agra06 Feb 2025AY 2018-19

Bench: Shri M. Balaganesh(Through Virtual Hearing)

For Appellant: Shri K. Sampath, AdvFor Respondent: Shri Shailender Shrivastava, Sr. DR
Section 271(1)Section 271(1)(c)Section 274

u/s 274 read with section 271(1)(c ) of the Act dated 30.12.2018 wherein it is very clear that the ld. AO had not specifically mentioned the offence committed by the assessee by striking off the irrelevant portion i.e. whether the assessee had concealed his particulars of income or had furnished inaccurate particulars of income. Now the short question that

SHIVA PRESERVATION PRIVATE LIMITED,ETAWAH vs. ITO, WARD 2(2)(5), ETAWAH

In the result, the appeal of the Assessee is allowed

ITA 318/AGR/2025[2014-15]Status: DisposedITAT Agra28 Nov 2025AY 2014-15

Bench: Shri M. Balaganesh(Through Virtual Hearing) Shiva Preservation Pvt. Ltd, Vs. Ito, Kaist, Jawantnagar, Etawah, Ward-2(2)(5), Uttar Pradesh -206245 Etawah (Appellant) (Respondent) Pan: Aaecs3418D Assessee By : Shri Rajesh Malhotra, Ca Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 20/11/2025 Date Of Pronouncement /11/2025

For Appellant: Shri Rajesh Malhotra, CAFor Respondent: Shri Anil Kumar, Sr. DR
Section 115JSection 143(3)Section 271(1)Section 274Section 68

1. The appeal in ITA No. 318/AGR/2025 for AY 2025, arises out of the order of the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as „ld. NFAC‟, in short] dated 12.08.2022 against the order of assessment passed u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as „the Act‟) dated 31.12.2016 by the Assessing Officer

SMT. ASHA RANI GUPTA,AGRA vs. DY. C.I.T., CIRCLE-1, AGRA

In the result, appeal of the assessee is allowed

ITA 223/AGR/2016[2008-09]Status: DisposedITAT Agra16 Jan 2018AY 2008-09

Bench: Shri A.D. Jain & Dr. Mitha Lal Meena

For Appellant: Shri Pankaj Gargh, AdvocateFor Respondent: Shri Waseem Arshad, Sr. D.R
Section 143(1)Section 271Section 271(1)(c)Section 274

5 that all the grounds relates to only one issue of imposition of penalty of Rs.52,000/- u/s 271(1)(c) of the Act.” The ld. counsel for the assessee contended that the ‘concealment 8. of particulars of income’ and ‘furnishing of inaccurate particulars of income’ referred to in Section

M/S VERMA SERVICE STATION,FIROZABAD vs. D.C.I.T., RANGE-5, FIROZABAD

In the result, the appeal of the assessee is dismissed

ITA 349/AGR/2018[2009-2010]Status: DisposedITAT Agra12 Sept 2019AY 2009-2010

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meena

Section 271Section 271(1)(c)Section 68

penalty sustained is wholly illegal. 3. Because Ld. CIT(A) having failed to adjudicate the ground of appellant claiming lack of sufficient opportunity by the Assessing Officer before passing of order u/s 271(1)(c), the order of Ld. CIT(A) suffers from fatal error in law. 4. Because the order is against the law & facts. 5. Because the appellant

M/S NARESH KATARE, CONTRACTOR,GWALIOR vs. A.C.I.T., CIRCLE-3, GWALIOR

In the result, appeals of the assessee is allowed

ITA 53/AGR/2016[2009-10]Status: DisposedITAT Agra09 Nov 2017AY 2009-10

Bench: Shri A.D. Jain & Dr. Mitha Lal Meena

For Appellant: Shri Rajendra Sharma, AdvocateFor Respondent: Shri Washim Arshad, Sr. DR
Section 145(3)Section 271Section 271(1)(c)

Section 271(l)(c) where the addition was also sustained by the Hon'ble ITAT by applying the net profit rate of 3%. The penalty so imposed was cancelled by the CIT (Appeals) and the order of CIT (Appeals) cancelling the penalty was sustained by ITAT, Agra Bench. In Assessment Year 2009-10, in the present year, the penalty

MANAS SEWA SAMITI,ALIGARH vs. ADDL. C.I.T. RANGE-I, ALIGARH

In the result, both the appeals are allowed

ITA 361/AGR/2014[2007-08]Status: DisposedITAT Agra23 Nov 2017AY 2007-08

Bench: Shri A. D. Jain & Dr. Mitha Lal Meena

Section 1Section 10Section 11Section 12ASection 271Section 271(1)(c)

5 2. The Certificate so granted under section 10 (23C)(vi) exempts the assessee from Tax and since being granted with retrospective effect or with effect from the date of filing application on 29.01.2009 (A.Y.-2009-10) no penalty under section 271(l)(c) can be sustained that too for concealment of Income as initiated in the Assessment Order