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35 results for “penalty u/s 271”+ Section 9clear

Sorted by relevance

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Key Topics

Section 14753Section 271(1)(c)48Section 14827Penalty24Addition to Income23Section 50C20Section 14416Section 25015Section 56(2)(vii)13

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)

9. BECAUSE, the learned CIT(A) erred in sustaining penalty even on ad hoc disallowances of Rs.39,779/- and Rs.50,000/-, which being estimated disallowances cannot invite penalty under 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

Showing 1–20 of 35 · Page 1 of 2

Section 69A13
Natural Justice10
Reassessment8

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

9. We have heard the rival submissions and have gone through the paper\nbook placed before us. We find that the brief issue before us is the levy of\npenalty under section 271(1)(c) on two counts 1. excess claim of brought\nforward MAT credit and 2.disallowance of expenses incurred on earning\nexempt income.\n9.1. On the issue

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 271(1)(c) of the Act. Accordingly, the Ground No. 4 raised by the assessee is allowed. Since the relief is granted based on Ground No. 4 itself, there is no need to separately adjudicate the other grounds raised by the assessee. 6. In the result, the appeal of the assessee is allowed. ITA No. 7/Ag/2023 – Asst Year

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 271(1)(c) of the Act. Accordingly, the Ground No. 4 raised by the assessee is allowed. Since the relief is granted based on Ground No. 4 itself, there is no need to separately adjudicate the other grounds raised by the assessee. 6. In the result, the appeal of the assessee is allowed. ITA No. 7/Ag/2023 – Asst Year

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 271(1)(c) of the Act. Accordingly, the Ground No. 4 raised by the assessee is allowed. Since the relief is granted based on Ground No. 4 itself, there is no need to separately adjudicate the other grounds raised by the assessee. 6. In the result, the appeal of the assessee is allowed. ITA No. 7/Ag/2023 – Asst Year

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

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

CHANDRAPAL SINGH,MATHURA vs. INCOME TAX OFFICER SHIVPURI, SHIPURI

In the result, all the three appeals of the assessee are allowed for

ITA 115/AGR/2024[2015-16]Status: DisposedITAT Agra21 Jan 2025AY 2015-16

Bench: : Shri Ramit Kochar

Section 143(3)Section 253(3)Section 69

9. Still aggrieved, the assessee has filed second appeal with ITAT, Agra Bench, Agra, and at the outset, ld. Counsel for the assessee submitted that the learned CIT(Appeals) appellate order is not sustainable in the eyes of law, as the ld. CIT(Appeals) has not adjudicated the appeal of the assessee on merits. My attention was drawn to provisions

CHANDRAPAL SINGH,MATHURA vs. INCOME TAX OFICER SHIVPURI, SHIVPURI

In the result, all the three appeals of the assessee are allowed for

ITA 114/AGR/2024[2016-17]Status: DisposedITAT Agra21 Jan 2025AY 2016-17

Bench: : Shri Ramit Kochar

Section 143(3)Section 253(3)Section 69

9. Still aggrieved, the assessee has filed second appeal with ITAT, Agra Bench, Agra, and at the outset, ld. Counsel for the assessee submitted that the learned CIT(Appeals) appellate order is not sustainable in the eyes of law, as the ld. CIT(Appeals) has not adjudicated the appeal of the assessee on merits. My attention was drawn to provisions

CHANDRAPAL SINGH,MATHURA vs. INCOME TAX OFFICER SHIVPURI, GWALIOR

In the result, all the three appeals of the assessee are allowed for

ITA 113/AGR/2024[2015-16]Status: DisposedITAT Agra21 Jan 2025AY 2015-16

Bench: : Shri Ramit Kochar

Section 143(3)Section 253(3)Section 69

9. Still aggrieved, the assessee has filed second appeal with ITAT, Agra Bench, Agra, and at the outset, ld. Counsel for the assessee submitted that the learned CIT(Appeals) appellate order is not sustainable in the eyes of law, as the ld. CIT(Appeals) has not adjudicated the appeal of the assessee on merits. My attention was drawn to provisions

SARIF,JALESAR ETAH vs. ASSESSING OFFICER, WARD-4(3)(1) , ETAH

In the result, both the appeals ITA Nos

ITA 464/AGR/2025[2014-15]Status: DisposedITAT Agra18 Dec 2025AY 2014-15

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

Section 142(1)Section 143(3)Section 144Section 147Section 148Section 250Section 271(1)(c)Section 69A

9. It is well established principle of law that the substantial justice cannot be denied on technical aberrations. The object of prescribing procedure is to advance the cause of justice. In an adversial justice system like ours, no party should ordinarily be denied the opportunity of participating in the process of justice dispensation. Justice is the goal of jurisprudence

SARIF,JALESAR, ETAH vs. ASSESSIN OFFICER, WARD-4(3)(1), DINESH NAGAR ETAH

In the result, both the appeals ITA Nos

ITA 463/AGR/2025[2014-15]Status: DisposedITAT Agra18 Dec 2025AY 2014-15

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

Section 142(1)Section 143(3)Section 144Section 147Section 148Section 250Section 271(1)(c)Section 69A

9. It is well established principle of law that the substantial justice cannot be denied on technical aberrations. The object of prescribing procedure is to advance the cause of justice. In an adversial justice system like ours, no party should ordinarily be denied the opportunity of participating in the process of justice dispensation. Justice is the goal of jurisprudence

JAGGO,MATHURA vs. INCOME TAX OFFICER 1(3)(1), MATHURA

In the result, appeal filed by assessee is allowed

ITA 555/AGR/2025[2015-16]Status: DisposedITAT Agra18 Feb 2026AY 2015-16

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singhassessment Year: 2015-16 Jaggo Vs. Income Tax Officer S/O Sh. Indar H. No. 6, Azampur Ward 1(3)(1), Mathura Mathura, Mathura Pan : Ayopj8958J (Appellant) (Respondent) Assessee By Sh. Anurag Sinha, Adv. Department By Sh. Anil Kumar, Sr. Dr Date Of Hearing 16.02.2026 Date Of Pronouncement 18.02.2026 Order Per : S. Rifaur Rahman: The Assessee Has Preferred This Appeal Against The Order Of National Faceless Appeal Centre (Nfac), Delhi Dated 17.11.2025 U/S. 250 Of The Income-Tax Act, 1961 (“The Act” For Short) For The Assessment Year 2015-16. 2. Aggrieved With The Above Order, Assessee Is In This Appeal, Raising Following Grounds : “1. Because In The Facts & Circumstances Of The Case, Learned Cit (Appeals) Has Erred In Not Deleting The Penalty Of Rs. 10,000/- Imposed By The Assessing Officer Under Section 271(1)(B) Of The Act. 3. Brief Facts Of The Case Are, The Notice U/S 142(1) Of The Act Was Issued To The Assessee Calling For Information/Explanation Along With The Documents During The Assessment Proceedings U/S 143(3) Of The Act. The Above Notice Was Issued Through Registered E-Mail Id & Fixed For Compliance On 26.02.2021, After Laps Of Considerable Time, The Assessing Officer Issued The Another Notice U/S 274 To The Assessee R.W.S 271(1)B) Of The Act Why Penalty U/S 271 Of The Act Should Not Be Initiated & Levied. In Compliance, The Assessee Not Submitted Any Reply. Accordingly, Assessing Officer Levied The Penalty Of Rs. 10,000/-.

Section 142(1)Section 143(3)Section 148Section 250Section 271Section 271(1)(b)Section 274

section 271(1)(b) of the Act. 3. Brief facts of the case are, the notice u/s 142(1) of the Act was issued to the assessee calling for information/explanation along with the documents during the assessment proceedings u/s 143(3) of the Act. The above notice was issued through registered e-mail id and fixed for compliance

WASIM KHAN,SHIVPURI vs. INCOME TAX OFFICER, SHIVPURI

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

ITA 39/AGR/2025[2015-16]Status: DisposedITAT Agra02 Apr 2025AY 2015-16

Bench: Shri Sunil Kumar Singh & Shri Brajesh Kumar Singh[Assessment Year: 2015-16]

Section 147Section 250Section 271(1)(c)

Section 271(1)(c) without affording the appellant an adequate opportunity to present its case, thereby violating the principles of natural justice. Also during the appeal proceedings only one Notice of 7 days' time limit was served on 06-11-2024 on Mail id of the assessee and no physical copy of the Notice was served for hearing

BHAGVAN DAS L/H SHRI GAURI SHANKER,FIROZABAD vs. ITO WARD 2(2)1, FIROZABAD

In the result, both the appeals are allowed for statistical purposes

ITA 260/AGR/2025[2012-2013]Status: DisposedITAT Agra30 Oct 2025AY 2012-2013

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

Section 144Section 147Section 148Section 250Section 271(1)(c)Section 54B

penalty order passed u/s. 271(1)(c) of the Act is consequential to the assessment order, both these appeals are being disposed of by the consolidated order for the sake of convenience and brevity. The facts of ITA No. 260/Agr/2025 only are being narrated as under : 3. At the very outset, it is noted that both these appeals were filed

BHAGVAN DAS L/H SHRI GAURI SHANKER,FIROZABAD vs. ITO WARD 2(2)(1), FIROZABAD

In the result, both the appeals are allowed for statistical purposes

ITA 259/AGR/2025[2012-2013]Status: DisposedITAT Agra30 Oct 2025AY 2012-2013

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

Section 144Section 147Section 148Section 250Section 271(1)(c)Section 54B

penalty order passed u/s. 271(1)(c) of the Act is consequential to the assessment order, both these appeals are being disposed of by the consolidated order for the sake of convenience and brevity. The facts of ITA No. 260/Agr/2025 only are being narrated as under : 3. At the very outset, it is noted that both these appeals were filed

MR.SHAILENDRA KUMAR ,AGRA vs. ITO WARD 1(1)(2), AGRA

In the result, both the appeals ITA No

ITA 229/AGR/2025[2016-17]Status: DisposedITAT Agra30 Oct 2025AY 2016-17

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

Section 143(2)Section 147Section 148Section 250Section 271(1)(c)

271(1)(c) of the Act is consequential to the assessment order, both these appeals are being disposed of by the consolidated order for the sake of convenience and brevity. The facts of ITA No. 228/Agr/2025 only are being narrated as under. ITA No. 228/Agr/2025: 3. Briefly stating, the facts are that the assessee e-filed his return of income

MR.SHAILENDRA KUMAR,AGRA vs. ITO,WARD 1(1)(2), AGRA

In the result, both the appeals ITA No

ITA 228/AGR/2025[2016-17]Status: DisposedITAT Agra30 Oct 2025AY 2016-17

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

Section 143(2)Section 147Section 148Section 250Section 271(1)(c)

271(1)(c) of the Act is consequential to the assessment order, both these appeals are being disposed of by the consolidated order for the sake of convenience and brevity. The facts of ITA No. 228/Agr/2025 only are being narrated as under. ITA No. 228/Agr/2025: 3. Briefly stating, the facts are that the assessee e-filed his return of income

POONAM GUPTA,GWALIOR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), GWALIOR

Appeal of the assessee is allowed in above terms

ITA 215/AGR/2024[2006-07]Status: DisposedITAT Agra24 Apr 2025AY 2006-07

Bench: :Smt. Annapurna Gupta & Shri Sunil Kumar Singhassessment Year: 2006-07

Section 132(1)Section 143(3)Section 153ASection 250(6)Section 271(1)(c)Section 68

Section 68 of the Act with respect to the amount received from the share broker M/s Deepak Securities has not been duly discharged by the Appellant? List the case for final hearing.” 4. Learned counsel for the assessee contended that the appeal is still pending before the Hon’ble High Court and to this effect he filed evidence

NEERAJ KUMAR,AGRA vs. INCOME TAX OFFICER WARD 2(1)(3), AGRA, AGRA

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

ITA 538/AGR/2025[2011-12]Status: DisposedITAT Agra03 Feb 2026AY 2011-12

Bench: Shri M. Balaganeshneeraj Kumar, Vs. Income Tax Officer, 18/24, Ghadi Hussaini Ward-2(1)(3), Prakash Nagar, Agra Agra (Appellant) (Respondent) Pan: Ajwpn8393C Assessee By : Shri Jitendra Garg, Adv Shri Pradumn Garg, Adv Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 22/01/2026 Date Of Pronouncement 03/02/2026

For Appellant: Shri Jitendra Garg, AdvFor Respondent: Shri Anil Kumar, Sr. DR
Section 139Section 144Section 147Section 148Section 154Section 250Section 271(1)(b)Section 44ASection 69A

penalty under section 271(1)(b). Neeraj Kumar 2. Because the learned CIT(A) orders dated 25/08/2025 and 24/09/2025 under section 154 failed to rectify clear mistakes, ignored jurisdictional defects, and were passed without proper application of mind. 3. Because the notice issued under section 148 was never validly served on the appellant, as the address used by the Department