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10 results for “penalty u/s 271”+ Section 194Jclear

Sorted by relevance

Delhi55Mumbai43Kolkata23Bangalore12Cochin11Chennai10Ahmedabad10Pune9Jabalpur5Hyderabad5Visakhapatnam4Raipur4Patna3Indore3Jaipur1Amritsar1Nagpur1Cuttack1

Key Topics

Section 194J8Deduction8Disallowance8Addition to Income8Section 407Penalty7Section 326Section 14A6Section 273B6Section 271C

GUJARAT ALKALIES AND CHEMICALS LTD.,,BARODA vs. THE ADDL. CIT, TDS RANGE,, BARODA

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

ITA 2846/AHD/2014[2008-09]Status: DisposedITAT Ahmedabad16 Nov 2017AY 2008-09

Bench: Shri Mahavir Prasad & Shri Amarjit Singh)

For Respondent: Shri V. K. Singh, Sr. D.R
Section 194CSection 194ISection 201(1)Section 271CSection 273B

194J without reasonable cause - Held, yes – Whether, therefore, no penalty could be levied upon assessee under section 271 C - Held, yes” 6.2 Respectfully following the order of the Pune Bench and judgment of the Hon’ble Delhi High Court, we delete the penalty. ITA Nos.2846 & 2847/Ahd/2014 Gujarat Alkalies and Chemicals Ltd. vs. ACIT Asst.Year

6
TDS5
Depreciation5

GUJARAT ALKALIES AND CHEMICALS LTD.,,BARODA vs. THE ADDL. CIT, TDS RANGE,, BARODA

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

ITA 2847/AHD/2014[2009-10]Status: DisposedITAT Ahmedabad16 Nov 2017AY 2009-10

Bench: Shri Mahavir Prasad & Shri Amarjit Singh)

For Respondent: Shri V. K. Singh, Sr. D.R
Section 194CSection 194ISection 201(1)Section 271CSection 273B

194J without reasonable cause - Held, yes – Whether, therefore, no penalty could be levied upon assessee under section 271 C - Held, yes” 6.2 Respectfully following the order of the Pune Bench and judgment of the Hon’ble Delhi High Court, we delete the penalty. ITA Nos.2846 & 2847/Ahd/2014 Gujarat Alkalies and Chemicals Ltd. vs. ACIT Asst.Year

ITO, WARD-2(1) (1), AHMEDABAD vs. M/S. EYLEX FILMS PVT. LTD., RANCHI

In the result, appeal of the Revenue is dismissed

ITA 1808/AHD/2017[2014-15]Status: DisposedITAT Ahmedabad12 Mar 2019AY 2014-15

Bench: Justice Shri P. P. Bhatt & Shri Pradip Kumar Kedia

For Appellant: Shri S. N. Soparkar & ShriFor Respondent: Bandish Soparkar, A.Rs
Section 194JSection 194jSection 40Section 9

194J of the Act which are in respect of professional services, technical services, royally etc. It has been noticed that these payments have been made by the appellant to the distributors and the same have been excluded from the definition of royalty provided u/s,9(1)[v) of LT. Act. 3.7. For ready reference the said provision is reproduced

ITO, WARD-2(1) (1), AHMEDABAD vs. M/S. EYLEX FILMS PVT. LTD., RANCHI

In the result, appeal of the Revenue is dismissed

ITA 388/AHD/2018[2013-14]Status: DisposedITAT Ahmedabad12 Mar 2019AY 2013-14

Bench: Justice Shri P. P. Bhatt & Shri Pradip Kumar Kedia

For Appellant: Shri S. N. Soparkar & ShriFor Respondent: Bandish Soparkar, A.Rs
Section 194JSection 194jSection 40Section 9

194J of the Act which are in respect of professional services, technical services, royally etc. It has been noticed that these payments have been made by the appellant to the distributors and the same have been excluded from the definition of royalty provided u/s,9(1)[v) of LT. Act. 3.7. For ready reference the said provision is reproduced

M/S. EDELWEISS BROKING LIMITED,AHMEDABAD vs. THE DCIT, CIRCLE-1(3), AHMEDABAD

Appeal of the Revenue is dismissed whereas the ground of appeal of the assessee is allowed

ITA 2021/AHD/2017[2013-14]Status: DisposedITAT Ahmedabad26 Oct 2021AY 2013-14

Bench: Shri Mahavir Prasad & Shri Wassem Ahmedआयकर अपील सं./I.T.A. No. 2021/Ahd/2017 ("नधा"रण वष" / Assessment Year: 2013-14) M/S. Edelweiss Broking Ltd. Dcit बनाम/ (On Behalf Of Amalgamating Cricle-1(3), Vs. 1St Floor, B-109, Company, Edelweiss Financial Advisors Ltd.) Pratyaksh Kar Bhavan, Nr. 801-804, 8Th Floor, Abhishree Panjrapole, Ambawadi, Avenue, Opp. Hanumanji Ahmedabad-380015 Temple, Nehrunagar, Ambawadi, Ahmedabad- 380015 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabce9421H .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

For Respondent: Shri Vartik Chokshi, AR
Section 40

194J of the Act.” In view of the above we hold that there was no obligation on the part of the assessee to deduct tax at source. Consequently, the provisions of Section 40(a)( ia) were also not attracted and, therefore, the disallowance made was to be deleted. Hence the ground of appeal of the assessee is allowed

DCIT, CIRCLE-1(3), , AHMEDABAD vs. EDELWEISS BROKING LTD.(ON BEHALF OF AMALGAMATING COMPANY EDELWEISS FINANCIAL ADVISORS LTD.), AHMEDABAD

Appeal of the Revenue is dismissed whereas the ground of appeal of the assessee is allowed

ITA 1939/AHD/2017[2013-14]Status: DisposedITAT Ahmedabad26 Oct 2021AY 2013-14

Bench: Shri Mahavir Prasad & Shri Wassem Ahmedआयकर अपील सं./I.T.A. No. 2021/Ahd/2017 ("नधा"रण वष" / Assessment Year: 2013-14) M/S. Edelweiss Broking Ltd. Dcit बनाम/ (On Behalf Of Amalgamating Cricle-1(3), Vs. 1St Floor, B-109, Company, Edelweiss Financial Advisors Ltd.) Pratyaksh Kar Bhavan, Nr. 801-804, 8Th Floor, Abhishree Panjrapole, Ambawadi, Avenue, Opp. Hanumanji Ahmedabad-380015 Temple, Nehrunagar, Ambawadi, Ahmedabad- 380015 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabce9421H .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

For Respondent: Shri Vartik Chokshi, AR
Section 40

194J of the Act.” In view of the above we hold that there was no obligation on the part of the assessee to deduct tax at source. Consequently, the provisions of Section 40(a)( ia) were also not attracted and, therefore, the disallowance made was to be deleted. Hence the ground of appeal of the assessee is allowed

ARVIND LIFESTYLE BRANDS LTD.,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2),, AHMEDABAD

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

ITA 1817/AHD/2016[2012-13]Status: DisposedITAT Ahmedabad04 Jan 2021AY 2012-13

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedsl. Ita No(S) Asset. Appeal(S) By No(S) Year(S) Appellant Vs. Respondent Appellant Respondent 1. 1817/Ahd/2016 2012-13 Arvind Lifestyle Brands D.C.I.T, Ltd., Circle-1(1)(2), Arvind Mills Premises, Ahmedabad. Naroda Road, Ahmedabad-380025. Pan No. Aaach7252A 2. 2056/Ahd/2016 2012-13 D.C.I.T, Arvind Lifestyle Circle-1(1)(2), Brands Ltd., Ahmedabad. 3. 2377/Ahd/2017 2013-14 Arvind Lifestyle Brands D.C.I.T, Ltd., Circle-1(1)(2), Ahmedabad. 4. 2618/Ahd/2017 2014-15 Arvind Lifestyle Brands Ito Ward-1(1)(3) Ltd., Ahmedabad

Section 28Section 36Section 37Section 40Section 43B

u/s. 271(1)(c) on the ground that an appeal did not lie against mere initiation of penalty proceedings. He ought to have appreciated, inter alia, that in the peculiar facts and circumstances of the respondent's case, there being absolutely no warrant/justification for initiating the penalty proceedings, they deserved to be dropped, thereby saving both the appellant

THE DCIT, CIRCLE-1(3), AHMEDABAD vs. EDELWEISS FINANCIAL ADVISORS LTD., ( FORMERLY KNOWN ANAGRAM STOCK BROKING LTD.,), AHMEDABAD

In the result, the appeal filed by the Revenue is dismissed

ITA 445/AHD/2016[2011-12]Status: DisposedITAT Ahmedabad01 Dec 2020AY 2011-12

Bench: Shri Justice P.P. Bhatt, Hon’Ble & Shri Waseem Ahmed

For Respondent: Shri Dileep Kumar, Sr. DR
Section 143(3)Section 14ASection 32Section 36Section 36(2)Section 37Section 48Section 73

194J from Membership Fee and other charges of Rs.2,29,9327-/ paid to recognized Stock Exchanges and of making a disallowance of the same u/s. 40(a)(ia) on the ground that the appellant had not deducted TDS therefrom. 7. In law and in the facts and circumstances of the appellant's case, the learned CIT(A) has grossly erred

M/S. EDELWEISS BROKING LTD. ( AMALGAMATING COMPANY EDELWEISS FINANCIAL ADVISORS LTD.),AHMEDABAD vs. THE JT. CIT, RANGE-3,, AHMEDABAD

In the result, the appeal filed by the Revenue is dismissed

ITA 318/AHD/2016[2011-12]Status: DisposedITAT Ahmedabad01 Dec 2020AY 2011-12

Bench: Shri Justice P.P. Bhatt, Hon’Ble & Shri Waseem Ahmed

For Respondent: Shri Dileep Kumar, Sr. DR
Section 143(3)Section 14ASection 32Section 36Section 36(2)Section 37Section 48Section 73

194J from Membership Fee and other charges of Rs.2,29,9327-/ paid to recognized Stock Exchanges and of making a disallowance of the same u/s. 40(a)(ia) on the ground that the appellant had not deducted TDS therefrom. 7. In law and in the facts and circumstances of the appellant's case, the learned CIT(A) has grossly erred

THE DCIT, CIRCLE-1(3), AHMEDABAD vs. EDELWEISS BROKING LTD., AHMEDABAD

In the result, the appeal filed by the Revenue is dismissed

ITA 446/AHD/2016[2012-13]Status: DisposedITAT Ahmedabad01 Dec 2020AY 2012-13

Bench: Shri Justice P.P. Bhatt, Hon’Ble & Shri Waseem Ahmed

For Respondent: Shri Dileep Kumar, Sr. DR
Section 143(3)Section 14ASection 32Section 36Section 36(2)Section 37Section 48Section 73

194J from Membership Fee and other charges of Rs.2,29,9327-/ paid to recognized Stock Exchanges and of making a disallowance of the same u/s. 40(a)(ia) on the ground that the appellant had not deducted TDS therefrom. 7. In law and in the facts and circumstances of the appellant's case, the learned CIT(A) has grossly erred