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303 results for “penalty u/s 271”+ Natural Justiceclear

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Key Topics

Section 14892Section 14787Addition to Income75Section 271(1)(c)68Penalty65Section 143(3)46Section 3738Natural Justice36Section 143(2)34

RAMCHAND BHULCHAND RAJAI,BHAVNAGAR vs. THE DY.CIT.,CIRCLE-1, , BHAVNAGAR

ITA 167/AHD/2024[2009-10]Status: DisposedITAT Ahmedabad15 Jul 2024AY 2009-10

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarआयकर अपील सं / Ita No. 167/Ahd/2024 िनधा"रण वष"/Assessment Year : 2009-10 बनाम बनाम बनाम बनाम Ramchand Bhulchand Rajai, The Deputy Commissioner C/O. Jayesh Tyres, Vs. Of Income-Tax, Opp. Railway Station, Circle-1, Bhavnagar Bhavnagar-364001 Pan : Abmpr 4841 D अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) िनधा"रती की ओर से / Assessee By : Shri B.R. Popat, Ar ""थ" की ओर से / Revenue By: Shri Prateek Sharma, Sr Dr सुनवाई की तारीख /Date Of Hearing : 22/04/2024 घोषणा की तारीख /Date Of Pronouncement: 15/07/2024 आदेश/O R D E R Per Annapurna Gupta

For Appellant: Shri B.R. Popat, ARFor Respondent: Shri Prateek Sharma, Sr DR
Section 250Section 271(1)(c)Section 40A(3)

u/s 40A(3) of the Act is not sustainable and we direct deletion of the same. Ramchand Bhulchand Rajai Vs. DCIT AY : 2009-10 12 17. We regard to the addition made by disallowing loading and unloading expenses, the contention made by the assessee before the ld. CIT(A) is as under:- “2.2.1 In so far as the penalty levied

Showing 1–20 of 303 · Page 1 of 16

...
Reopening of Assessment32
Section 25029
Limitation/Time-bar28

ACIT(E), CIRCLE-2, AHMEDABAD, AHMEDABAD vs. VADODARA URBAN DEVELOPMENT AUTHORITY, VADODARA

In the result, the appeal filed by the Revenue in ITA No

ITA 389/AHD/2023[2013-14]Status: DisposedITAT Ahmedabad28 Feb 2024AY 2013-14

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 12ASection 22Section 271(1)(c)

justice for which the undersigned will always be obliged.” 2.1. The reasons given above are not very much convincing, though the impugned orders were sent to JCIT (Exemption), Range-2 on 22.12.2022 itself with a request to submit scrutiny report on the appellate orders, but the DCIT (Exemption), Circle-2 submitted the scrutiny report after four months vide letter dated

ACIT(E), CIRCLE-2, AHMEDABAD, AHMEDABAD vs. VADODARA URBAN DEVELOPMENT AUTHORITY , VADODARA

In the result, the appeal filed by the Revenue in ITA No

ITA 386/AHD/2023[2014-15]Status: DisposedITAT Ahmedabad28 Feb 2024AY 2014-15

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 12ASection 22Section 271(1)(c)

justice for which the undersigned will always be obliged.” 2.1. The reasons given above are not very much convincing, though the impugned orders were sent to JCIT (Exemption), Range-2 on 22.12.2022 itself with a request to submit scrutiny report on the appellate orders, but the DCIT (Exemption), Circle-2 submitted the scrutiny report after four months vide letter dated

ACIT(E), CIRCLE-2, AHMEDABAD, AHMEDABAD vs. VADODARA URBAN DEVELOPMENT AUTHORITY , VADODARA

In the result, the appeal filed by the Revenue in ITA No

ITA 388/AHD/2023[2009-10]Status: DisposedITAT Ahmedabad28 Feb 2024AY 2009-10

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 12ASection 22Section 271(1)(c)

justice for which the undersigned will always be obliged.” 2.1. The reasons given above are not very much convincing, though the impugned orders were sent to JCIT (Exemption), Range-2 on 22.12.2022 itself with a request to submit scrutiny report on the appellate orders, but the DCIT (Exemption), Circle-2 submitted the scrutiny report after four months vide letter dated

THE ACIT(E),CIRCLE-2 , AHMEDABAD vs. VADODARA URBAN DEVELOPMENT AUTHORITY, VADODARA

In the result, the appeal filed by the Revenue in ITA No

ITA 379/AHD/2023[2011-12]Status: DisposedITAT Ahmedabad28 Feb 2024AY 2011-12

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 12ASection 22Section 271(1)(c)

justice for which the undersigned will always be obliged.” 2.1. The reasons given above are not very much convincing, though the impugned orders were sent to JCIT (Exemption), Range-2 on 22.12.2022 itself with a request to submit scrutiny report on the appellate orders, but the DCIT (Exemption), Circle-2 submitted the scrutiny report after four months vide letter dated

MANAS KUMAR DAS,AHMEDABAD vs. THE ITO, WARD-5(1)(3), AHMEDABAD

In the result, the appeal of the assessee is allowed

ITA 1278/AHD/2024[2011-12]Status: DisposedITAT Ahmedabad20 Feb 2025AY 2011-12

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri Pradeep Tulsian, A.RFor Respondent: Shri Ravindra, Sr. D.R
Section 133(6)Section 142(1)Section 148Section 250

natural justice and sound consciousness. The assessment order deserves to be quashed. 15) The CIT(A) has passed the order against the assessee simply on the ground that the Assessee has not submitted the bank statement (the bank statement was called by the department) from bank, cannot be the reason to pass the order against the assessee. 16) That

MANAS KUMAR DAS,AHMEDABAD vs. THE ITO, WARD-5(1)(3), AHMEDABAD

In the result, the appeal of the assessee is allowed

ITA 1277/AHD/2024[2011-12]Status: DisposedITAT Ahmedabad20 Feb 2025AY 2011-12

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri Pradeep Tulsian, A.RFor Respondent: Shri Ravindra, Sr. D.R
Section 133(6)Section 142(1)Section 148Section 250

natural justice and sound consciousness. The assessment order deserves to be quashed. 15) The CIT(A) has passed the order against the assessee simply on the ground that the Assessee has not submitted the bank statement (the bank statement was called by the department) from bank, cannot be the reason to pass the order against the assessee. 16) That

AKAR LAMINATORS LIMITED,AHMEDABAD vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(1), AHMEDABAD, AHMEDABAD

In the result the appeal filed by the assessee is allowed

ITA 600/AHD/2023[2001-02]Status: DisposedITAT Ahmedabad10 Apr 2024AY 2001-02

Bench: This Tribunal & The Case Was Set-Aside Vide Order Dated 01.08.2014 In Ita No. 858 & 927/Ahd/2005 & Accordingly Assessment Was Finalized U/S. 143(3) R.W.S. 254 Of The Act & The Total Loss Was Determined At (-) Rs.22,47,26,293/- After Making Following Additions/Disallowances:

Section 143(3)Section 144Section 271Section 271(1)(c)Section 274

u/s 271(1)(c) of the Act. Further the argument of the Revenue that "submitting an incorrect claim for expenditure would amount to giving inaccurate particulars of such income" is not correct. By no stretch of imagination can the making of an incorrect claim in law, tantamount to furnishing inaccurate particulars. I.T.A No. 600/Ahd/2023 A.Y. 2001-02 Page

SUJAN INFRASTRUCTURE PVT. LTD.,AHMEDABAD vs. THE DY.CIT, CENTRAL CIRCLE-1(2), AHMEDABAD

In the result, the appeal of the assessee is allowed

ITA 474/AHD/2024[2006-07]Status: DisposedITAT Ahmedabad07 Mar 2025AY 2006-07

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyal

For Appellant: Shri Tushar Hemani, Sr Advocate &For Respondent: Shri Yogesh Mishra, Sr. DR
Section 132(1)Section 250Section 271(1)(c)

Natural Justice and therefore deserves to be quashed.” 3. The Assessee has also raised an additional ground of appeal which reads as under:- “The Ld. CIT(A) has erred in not appreciating that penalty levied u/s 271

NIRAJ PRATAPBHAI SHAH,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-3(3)(2), (FORMERLY ITO, WARD-3(3)(3),, AHMEDABAD

In the result, the appeal of the assessee in ITA No

ITA 85/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad09 Jul 2024AY 2013-14

Bench: Income Tax Appellate Tribunal, Ahmedabad Bench

For Appellant: Shri Kushal Fofaria, A.RFor Respondent: Smt. Trupti Patel, Sr. D.R
Section 132Section 139Section 143(1)Section 147Section 234ASection 250Section 271(1)(c)Section 68

penalty u/s. 271(1)(c) of the Act. 8. Both the lower authorities have passed the orders without properly appreciating the facts and law on the issue. The action of the lower authorities is in clear breach of law and Principles of Natural Justice

NIRAJ PRATAPBHAI SHAH,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3(3)(2)(FORMERLY ITO, WARD-3(3)(3)), AHMEDABAD

In the result, the appeal of the assessee in ITA No

ITA 87/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad09 Jul 2024AY 2013-14

Bench: Income Tax Appellate Tribunal, Ahmedabad Bench

For Appellant: Shri Kushal Fofaria, A.RFor Respondent: Smt. Trupti Patel, Sr. D.R
Section 132Section 139Section 143(1)Section 147Section 234ASection 250Section 271(1)(c)Section 68

penalty u/s. 271(1)(c) of the Act. 8. Both the lower authorities have passed the orders without properly appreciating the facts and law on the issue. The action of the lower authorities is in clear breach of law and Principles of Natural Justice

SUNDEK INDIA LIMITED,AHMEDABAD vs. THE DY.CIT, CIRCLE-4(1)(1), AHMEDABAD

In the result, the appeal of the assessee is allowed

ITA 1706/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad22 Apr 2025AY 2013-14

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

For Appellant: Shri Tushar Hemani, Sr. AdvocateFor Respondent: Shri Kavan Limbasiya, Sr DR
Section 2(24)Section 250Section 271Section 271(1)Section 271(1)(c)Section 274

Natural Justice and therefore deserves to be quashed.” 3. We have heard the rival contentions and perused the material available on record. The pertinent facts relevant for adjudication of this case are that the Assessing Officer, vide para 5.11 of the order, initiated penalty proceedings u/s 271

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

ITA 218/AHD/2020[2011-12]Status: DisposedITAT Ahmedabad31 Jul 2024AY 2011-12

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

justice, the delay in filing of the present appeal may be condoned. 4. In the result, we are hereby condoning the delay in filing of the present appeals. We shall first take up ITA No. 210/Ahd/2020 in the case of Shri Rohit C. Thakore for A.Y. 2011-12 5. The assessee has taken the following grounds of appeal

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

ITA 214/AHD/2020[2008-09]Status: DisposedITAT Ahmedabad31 Jul 2024AY 2008-09

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

justice, the delay in filing of the present appeal may be condoned. 4. In the result, we are hereby condoning the delay in filing of the present appeals. We shall first take up ITA No. 210/Ahd/2020 in the case of Shri Rohit C. Thakore for A.Y. 2011-12 5. The assessee has taken the following grounds of appeal

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

ITA 212/AHD/2020[2006-07]Status: DisposedITAT Ahmedabad31 Jul 2024AY 2006-07

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

justice, the delay in filing of the present appeal may be condoned. 4. In the result, we are hereby condoning the delay in filing of the present appeals. We shall first take up ITA No. 210/Ahd/2020 in the case of Shri Rohit C. Thakore for A.Y. 2011-12 5. The assessee has taken the following grounds of appeal

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

ITA 213/AHD/2020[2007-08]Status: DisposedITAT Ahmedabad31 Jul 2024AY 2007-08

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

justice, the delay in filing of the present appeal may be condoned. 4. In the result, we are hereby condoning the delay in filing of the present appeals. We shall first take up ITA No. 210/Ahd/2020 in the case of Shri Rohit C. Thakore for A.Y. 2011-12 5. The assessee has taken the following grounds of appeal

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

ITA 216/AHD/2020[2010-11]Status: DisposedITAT Ahmedabad31 Jul 2024AY 2010-11

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

justice, the delay in filing of the present appeal may be condoned. 4. In the result, we are hereby condoning the delay in filing of the present appeals. We shall first take up ITA No. 210/Ahd/2020 in the case of Shri Rohit C. Thakore for A.Y. 2011-12 5. The assessee has taken the following grounds of appeal

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

ITA 211/AHD/2020[2005-06]Status: DisposedITAT Ahmedabad31 Jul 2024AY 2005-06

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

justice, the delay in filing of the present appeal may be condoned. 4. In the result, we are hereby condoning the delay in filing of the present appeals. We shall first take up ITA No. 210/Ahd/2020 in the case of Shri Rohit C. Thakore for A.Y. 2011-12 5. The assessee has taken the following grounds of appeal

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

ITA 217/AHD/2020[2011-12]Status: DisposedITAT Ahmedabad31 Jul 2024AY 2011-12

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

justice, the delay in filing of the present appeal may be condoned. 4. In the result, we are hereby condoning the delay in filing of the present appeals. We shall first take up ITA No. 210/Ahd/2020 in the case of Shri Rohit C. Thakore for A.Y. 2011-12 5. The assessee has taken the following grounds of appeal

SHRI ROHITJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

ITA 210/AHD/2020[2011-12]Status: DisposedITAT Ahmedabad31 Jul 2024AY 2011-12

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

justice, the delay in filing of the present appeal may be condoned. 4. In the result, we are hereby condoning the delay in filing of the present appeals. We shall first take up ITA No. 210/Ahd/2020 in the case of Shri Rohit C. Thakore for A.Y. 2011-12 5. The assessee has taken the following grounds of appeal