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14 results for “section 68”+ Section 271(1)(b)clear

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Key Topics

Section 271(1)(c)17Section 14814Penalty10Addition to Income10Section 689Section 2718Section 271A7Section 697Natural Justice7Section 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

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 271(1)(c) cannot be imposed by simply referring to Explanation 1. 6. Because even otherwise neither Explanation 1(A) is applicable

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

5
Section 1475
Disallowance4

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

68 of the Income Tax Act, The penalty imposed by the AO, enhanced by the CIT (Appeals) is against the provisions of Section 271AAB(1)(b)/271AAB(1)(c) of Income Tax Act, same are liable to be cancelled. 4. That while enhancing the penalty, the CIT (Appeals) has not allowed the proper opportunity to the appellant for filing

BANCO CONSTRUCTION,BANSAL KOTHI, NEHRU COLONY THATIPUR vs. ACIT, FACELESS

In the result, the appeal of the Assessee is dismissed

ITA 64/AGR/2026[2014-15]Status: DisposedITAT Agra02 Apr 2026AY 2014-15

Bench: Shri M. Balaganesh & Shri Sunil Kumar Singhbanco Construction, Vs. Acit, Bansal Kothi, Nehru Faceless, Gwalior Colony, Thatipur, Gwalior (Appellant) (Respondent) Pan: Aabfb7336D Assessee By : Shri Anurag Singh, Adv Revenue By: Shri Shailendra Srivastava, Sr. Dr Date Of Hearing 18/03/2026 Date Of Pronouncement 18/03/2026

For Appellant: Shri Anurag singh, AdvFor Respondent: Shri Shailendra Srivastava, Sr. DR
Section 142(1)Section 144Section 144BSection 147Section 148Section 194ASection 271(1)(b)

68,951. The various notices under section 142(1) of the Act were also issued to the Assessee on 29- 11-2021 and 3-1-2022 and final show-cause notice dated 14-3-2022 during the course of assessment proceedings. Since there was no compliance to the said notices, penalty proceedings stood initiated under section 271(1

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

271(1)(c ) of the Act, the same analogy could be drawn for the penalty under section 270A of the Act also. 11. In view of our aforesaid observations, we direct the Learned AO to cancel the levy of penalty under section 270A of the Act for the Assessment Year 2017-18. The grounds raised by the assessee

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

271(1)(c ) of the Act, the same analogy could be drawn for the penalty under section 270A of the Act also. 11. In view of our aforesaid observations, we direct the Learned AO to cancel the levy of penalty under section 270A of the Act for the Assessment Year 2017-18. The grounds raised by the assessee

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

271(1)(c ) of the Act, the same analogy could be drawn for the penalty under section 270A of the Act also. 11. In view of our aforesaid observations, we direct the Learned AO to cancel the levy of penalty under section 270A of the Act for the Assessment Year 2017-18. The grounds raised by the assessee

AMIT JAIN,FIROZABAD vs. ITO-2(2)(1), FIROZABAD

In the result, the appeal is dismissed”

ITA 287/AGR/2017[2013-14]Status: DisposedITAT Agra22 Mar 2019AY 2013-14

Bench: The Learned Cit (A).

Section 143(2)Section 144Section 234BSection 271(1)(c)Section 44ASection 69

271(1)(c) causing prejudice and taking away the right of the assessee to raise the issue in first appeal as and when penalty is levied. Because, while making the assessment the ‘AO’ and while sustaining 3. addition Ld. ‘CIT(A)’ made various observations/conclusions which are contrary to facts available on records. 4. Because the appellant denies liability of interest

SMT. GARIMA MEHTA,GWALIOR vs. I.T.O., WARD-1(2), GWALIOR

In the result, the appeal is partly allowed

ITA 343/AGR/2013[2009-10]Status: DisposedITAT Agra11 Jul 2018AY 2009-10

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

Section 10ASection 69

68-69 is a copy of permission of the Software Technology Parks of India, granted to the assessee, extending to the assessee, all facilities and privileges admissible under the STP Scheme for setting up a 100% Export Oriented Unit under the STP Scheme, at H-239, Madhav Nagar, Opposite A.G. Office, Laskar Gwalior-474002 (M.P.), in the State of Madhya

PREM LATA VERMA ,ALIGARH, UTTAR PRADESH vs. DCIT, CIRCLE 4(1)(1), ALIGARH, ALIGARH, UTTAR PRADESH

In the result, assessee’s appeal is allowed

ITA 441/AGR/2025[2016-17]Status: DisposedITAT Agra15 Jan 2026AY 2016-17

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singhassessment Year: 2016-17

Section 10(1)Section 139Section 144Section 147Section 148Section 234BSection 250Section 271(1)(c)Section 68

68 of the Act, by treating the loan advanced to M/s Raj Prem Associates (P.) Ltd. during the year under consideration as unexplained cash credits. 3. Ground No. 3: That the Ld. CIT(A) has erred in law as well as on facts by upholding the addition of Rs. 15,00,000/- on account of agricultural income, without giving cognizance

TOMAR & BROTHERS,ETAWAH vs. INCOME TAX OFFICER 2(2)(5) ETAWAH, ETAWAH

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

ITA 440/AGR/2025[2014-15]Status: DisposedITAT Agra15 Jan 2026AY 2014-15

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

Section 271(1)(c)Section 40Section 41(1)Section 68

271(1)(c) of the Income-tax Act, 1961 (“the Act” for short), deleted the penalty levied by the Assessing Officer on the basis of estimation and rest of the penalty levied by the Assessing Officer was remitted back to the Assessing Officer to modify the penalty levied. In this regard, he submitted that the Assessing Officer has made three

LAKSHYA ICE & COLD STORAGE P LTD,ALIGARH vs. ITO WARD 1(5), ALIGARH

In the result, by the assessee is allowed

ITA 124/AGR/2018[2010-11]Status: DisposedITAT Agra16 May 2019AY 2010-11

Bench: Shri Sudhanshu Srivastava & Dr. Mitha Lal Meenam/S Lakshya Ice & Cold Storage Pvt. Ltd. Vs.. Income Tax Officer, Goyal Bhawan, Opp. Maheshwari Inter Ward 1(5), Aligarh College, Sasni Gate, Bye Pass Road, Aligarh (Pan: Aabcl5656R) (Respondent) (Appellant)

For Appellant: Sh. Pradeep K. Sahgal, Adv. & Sh. Utsav Sahgal, C.AFor Respondent: Shri Waseem Arshad, Sr.DR
Section 147Section 148Section 234BSection 271(1)(c)Section 68

1. That as no valid reassessment proceedings U/S 147 of I.T.Act, 1961 (hereinafter referred to as `the Act’) read with section 148 of the Act has been initiated in the case of the appellant, thus in the light of facts and in law the learned CIT(A), Aligarh should have annulled/quashed the unlawfully made reassessment

GHANSHYAM ,MATHURA vs. ITO 3(2), MATHURA

In the result, both the appeals are allowed

ITA 238/AGR/2018[2008-09]Status: DisposedITAT Agra19 Jun 2018AY 2008-09

Bench: Shri A. D. Jain

Section 147Section 148Section 151

68-108) likewise quashed the assessment based on approval mentioning “Yes I am satisfied that it is a fit case for reopening u/s 147”. (Paras 8 to 10) 13. Apropos the decisions cited by the ld. DR, they are dealt with as follows. In the Hon’ble Supreme Court’s Judgment in the case of ‘Parashuram 14. Pottery Works

GHANSHYAM ,MATHURA vs. ITO 3(2), MATHURA

In the result, both the appeals are allowed

ITA 129/AGR/2018[2008-09]Status: DisposedITAT Agra19 Jun 2018AY 2008-09

Bench: Shri A. D. Jain

Section 147Section 148Section 151

68-108) likewise quashed the assessment based on approval mentioning “Yes I am satisfied that it is a fit case for reopening u/s 147”. (Paras 8 to 10) 13. Apropos the decisions cited by the ld. DR, they are dealt with as follows. In the Hon’ble Supreme Court’s Judgment in the case of ‘Parashuram 14. Pottery Works

HARDAYAL MILK PRODUCTS PRIVATE LIMITED,SHIKOHABAD vs. DCIT, CIRCLE-2(2)(1), FIROZABAD, FIROZABAD

In the result, the appeal preferred by the assessee is partly

ITA 342/AGR/2025[2013-14]Status: DisposedITAT Agra29 Dec 2025AY 2013-14

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singhassessment Year: 2013-14

Section 143(2)Section 145(3)

b) Confirmed copy of ledger account of the appellant in the books of M/s Prashant Dairy and (c) Copy of Bank Statement of M/s Prashant Dairy explain the genuineness of the business operations of the appellant is placed on record. (Refer PB Page Nos. 652-698) The copy of letter issued by the learned AO dated 03.02.2016 seeking information from