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56 results for “penalty u/s 271”+ Section 46Aclear

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Key Topics

Addition to Income53Section 6829Section 143(3)29Disallowance26Section 14825Penalty19Section 153A17Section 25016Section 147

M/S. ACCURA ENTERPRISE PRIVATE LIMITED,,AHMEDABAD vs. THE DY. CIT., CIRCLE-1(1)(1), AHMEDABAD

In the result, the appeal of the assessee is allowed

ITA 1601/AHD/2019[2011-12]Status: DisposedITAT Ahmedabad20 Jul 2022AY 2011-12
For Appellant: Shri Parimalsingh B Parmar, A.R. &For Respondent: Shri R.R. Makwana, Sr. D.R
Section 143(3)Section 271Section 271(1)(c)Section 274Section 35D

section 35D of the Act. Accordingly, the counsel for the assessee argued that even though the assessee did not press this issue before Ld. CIT(Appeals) in quantum proceedings, so far as penalty u/s 271(1)(c) of the Act is concerned since the issue is debatable one, penalty is liable to be set aside. Regarding the addition

Showing 1–20 of 56 · Page 1 of 3

15
Section 6914
Natural Justice14
Section 143(2)13

SMT. MONAZ BURZIN MYSOREWALA,,VADODARA vs. THE INCOME TAX OFFICER, WARD-8(4),, BARODA

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

ITA 1335/AHD/2015[2011-12]Status: DisposedITAT Ahmedabad09 Apr 2019AY 2011-12

Bench: Shrio. P. Meena & Mrs. Madhumita Roy

Section 143Section 234BSection 271(1)(c)Section 45Section 54BSection 69A

u/s. 234B/C and initiating penalty proceedings under section 271(1)(c) of the Act. 4. At the outset, the learned counsel for the assessee for the assessee submitted that the assessee has submitted additional evidence under Rule 46A

M/S. DESCHEM TECHNOLOGICAL RESOURCES PRIVATE LIMITED,,BARODA vs. THE INCOME TAX OFFICER, WARD-1(2),, BARODA

In the result, the appeal of the assessee is partly allowed for the statistical purposes

ITA 1551/AHD/2016[2005-06]Status: DisposedITAT Ahmedabad20 Jan 2020AY 2005-06

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 1551/Ahd/2016 "नधा"रण वष"/Asstt. Year: 2005-2006 M/S Deschem Technologies Resources I.T.O., Pvt. Ltd., Vs. Ward-1(2), 106 To 108, Baroda. Shreeji Avenue, Opp. New India Mill, Jetapur Road, Baroda-390035. Pan: Aabcd7163P

For Appellant: Shri Tushar Hemani, with Shri P.B. Parmar A.RsFor Respondent: Shri L.P. Jain, Sr.D.R
Section 10BSection 68

u/s 68 of the Act to the tune of Rs.1, 18, 06.330/-although necessary conditions such as identity of the persons, genuineness of the transaction and creditworthiness of the persons advancing loans are fulfilled. While doing so, the Id CIT (Appeals) out rightly rejected the additional evidences furnished by the appellant although the same was covered by Rule 46A

THE ITO, WARD-1(2)(4),, VADODARA vs. SHRI PRADEEPSHANKAR B. JHA,, VADODARA

In the result, ground no. 4 of Revenue ‘s appeal is dismissed

ITA 3525/AHD/2016[2012-13]Status: DisposedITAT Ahmedabad30 Mar 2022AY 2012-13
For Appellant: Shri S.N. Soparkar, Sr. A.RFor Respondent: Shri Bhavna P. Yashorai CIT D.R.&

Section 250 permits the Commissioner (Appeals) to make such further inquiry as he thinks fit or may direct AO to make further inquiry and report the result of the same to him before disposing of any appeal before him. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx As per Sub-Rule (4) of Rule 46A not withstanding anything contained in Rule 46A, Commissioner (Appeals) may direct production

THE ITO, WARD-2(4),, BARODA vs. SHRI PRADEEPSHANKAR B. JHA, BARODA

In the result, ground no. 4 of Revenue ‘s appeal is dismissed

ITA 1115/AHD/2015[2009-10]Status: DisposedITAT Ahmedabad30 Mar 2022AY 2009-10
For Appellant: Shri S.N. Soparkar, Sr. A.RFor Respondent: Shri Bhavna P. Yashorai CIT D.R.&

Section 250 permits the Commissioner (Appeals) to make such further inquiry as he thinks fit or may direct AO to make further inquiry and report the result of the same to him before disposing of any appeal before him. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx As per Sub-Rule (4) of Rule 46A not withstanding anything contained in Rule 46A, Commissioner (Appeals) may direct production

THE ACIT, CIRCLE-2(2),, BARODA vs. SHRI PRADEEPSHANKAR B. JHA, BARODA

In the result, ground no. 4 of Revenue ‘s appeal is dismissed

ITA 1650/AHD/2015[2008-09]Status: DisposedITAT Ahmedabad30 Mar 2022AY 2008-09
For Appellant: Shri S.N. Soparkar, Sr. A.RFor Respondent: Shri Bhavna P. Yashorai CIT D.R.&

Section 250 permits the Commissioner (Appeals) to make such further inquiry as he thinks fit or may direct AO to make further inquiry and report the result of the same to him before disposing of any appeal before him. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx As per Sub-Rule (4) of Rule 46A not withstanding anything contained in Rule 46A, Commissioner (Appeals) may direct production

MAYUR NIRMALKUMAR JAIN,AHMEDABAD vs. ITO, WARD-6(1)(3), AHMEDABAD

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

ITA 676/AHD/2019[2014-15]Status: DisposedITAT Ahmedabad14 Aug 2024AY 2014-15

Bench: Shri Ramit Kochar & Shri Siddhartha Nautiyal

For Appellant: Shri Dhrunal Bhatt, A.RFor Respondent: Shri Ashok Kumar Suthar, Sr. DR
Section 133(6)Section 143(1)Section 143(2)Section 143(3)Section 68

Penalty proceedings under Section 271(1)(c) were initiated for furnishing inaccurate particulars and concealing income. 6. In appeal, Ld. CIT(Appeals) confirmed the additions with the following observations: “7.3 After considering findings of the AO and submissions of the appellant, this ground is adjudicated as under. It is seen that during the assessment proceedings the AO noted that

VISHWAS COMODITY,PATAN vs. THE INCOME TAX OFFICER, WARD-1, PATAN

ITA 1681/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad09 May 2025AY 2013-14

Bench: Shri Siddhartha Nautiyal & Shri Makarand V.Mahadeokarasstt.Year : 2013-14

For Appellant: Smt. Trupti Patel, Sr.DR
Section 115BSection 147Section 148Section 250Section 69A

Penalty proceedings under sections 271(1)(c), 271F, and 271(1)(b) were also separately initiated. 5. The assessee preferred an appeal before the CIT(A), which was also dismissed ex parte by order dated 17.05.2024. The CIT(A) recorded that the appeal was filed with a delay of 77 days, which was condoned on the basis of reasonable cause

THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, AHMEDABAD vs. SHRI SANJAY KISHANLAL BISHNOI,, AHMEDABAD

ITA 296/AHD/2021[2014-15]Status: DisposedITAT Ahmedabad10 Apr 2024AY 2014-15

Bench: Shri Ramit Kochar & Ms. Suchitra Kamble

For Appellant: Sh. Umedsingh Bhati & Sh. Abhimanyu SinghFor Respondent: Sh. Subhendu Das, CIT, DR
Section 143(3)Section 145(3)Section 253(3)Section 69C

271(1)(c) of the I.T. Act for furnishing inaccurate particulars of income. (Addition of Rs. 1,80,69,095/-)” AYs:2014-15 & 2015-16 Sh. Sanjay Kishanlal Bishnoi 4.4 The AO on examination of the details, material, SCN , concluded that the assessee was involved in the undervaluation of imports. The assessee was having understanding with the supplier wherein

THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, AHMEDABAD vs. SHRI SANJAY KISHANLAL BISHNOI,, AHMEDABAD

ITA 297/AHD/2021[2015-16]Status: DisposedITAT Ahmedabad10 Apr 2024AY 2015-16

Bench: Shri Ramit Kochar & Ms. Suchitra Kamble

For Appellant: Sh. Umedsingh Bhati & Sh. Abhimanyu SinghFor Respondent: Sh. Subhendu Das, CIT, DR
Section 143(3)Section 145(3)Section 253(3)Section 69C

271(1)(c) of the I.T. Act for furnishing inaccurate particulars of income. (Addition of Rs. 1,80,69,095/-)” AYs:2014-15 & 2015-16 Sh. Sanjay Kishanlal Bishnoi 4.4 The AO on examination of the details, material, SCN , concluded that the assessee was involved in the undervaluation of imports. The assessee was having understanding with the supplier wherein

HEMLATA VISHNUBHAI GUPTA,AHMEDABAD vs. THE ITO, WARD--(3)(3), AHMEDABAD

In the result, appeal filed by the assessee is dismissed

ITA 91/AHD/2020[2011-12]Status: DisposedITAT Ahmedabad27 Apr 2022AY 2011-12

Bench: Smt. Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year: 2011-12

For Appellant: NoneFor Respondent: Shri R.R. Makwana, Sr. D.R
Section 139(1)Section 144Section 147Section 148Section 271(1)(c)Section 271F

271(1)(c) of the Act and Section 271F of the Act for failure to furnish the return of income. 3. Aggrieved against the ex-parte assessment order, the assessee filed appeal before the Ld. CIT(A)-5 Ahmedabad. The main contention of the assessee before the Ld. CIT(A) was that the Assessing officer erred in making addition

KETAN ARVINDBHAI PATEL,SOJITRA vs. INCOME TAX OFFICER,WARD-2, ANAND

In the result appeal of the assessee is allowed for statistical purposes

ITA 269/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad08 Jul 2024AY 2016-17

Bench: Shri Ramit Kochar (Accountant Member)

For Appellant: Shri Kedar Vyas, A.RFor Respondent: Shri N.J. Vyas, Sr. D.R
Section 139(4)Section 139(5)Section 144Section 250

penalty u/s 271(1)(b) read with Section 274 dated 13.10.2018 was issued by the AO to the assessee , but the assessee did not reply to the said show cause notice. Further a reminder was issued by the Assessing Officer on 14-11-2018 , but the assessee did not respond to the said reminder notice also. Finally, the show cause

SHASHANK SHEKHAR SINGH,,NEW DELHI vs. DY.COMMISSIONER OF INCOME TAX,CIRCLE-7,, BARODA

In the result, ITA No. 924/Ahd/2016 appeal filed by the Assessee is allowed for statistical purposes and ITA No

ITA 924/AHD/2016[2010-11]Status: DisposedITAT Ahmedabad09 Sept 2022AY 2010-11
For Appellant: Shri Manish J.Shah, A.R., &For Respondent: Shri V.K. Singh, Sr.D.R
Section 143(3)Section 148Section 271(1)(c)

section 143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year (A.Y) 2010-11 and ITA No. 2878/Ahd/2017 is filed by the Assessee against the order dated 09.12.2015 passed by the Commissioner of I.T.A No. 924/Ahd/2016 & 2878/Ahd/2017 A.Y. 2010-11 Page No 2 Shashank Shekharsingh vs. DCIT Income

SHASHANK SHEKHAR SINGH,,NEW DELHI vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-4(1),, BARODA

In the result, ITA No. 924/Ahd/2016 appeal filed by the Assessee is allowed for statistical purposes and ITA No

ITA 2878/AHD/2017[2010-11]Status: DisposedITAT Ahmedabad09 Sept 2022AY 2010-11
For Appellant: Shri Manish J.Shah, A.R., &For Respondent: Shri V.K. Singh, Sr.D.R
Section 143(3)Section 148Section 271(1)(c)

section 143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year (A.Y) 2010-11 and ITA No. 2878/Ahd/2017 is filed by the Assessee against the order dated 09.12.2015 passed by the Commissioner of I.T.A No. 924/Ahd/2016 & 2878/Ahd/2017 A.Y. 2010-11 Page No 2 Shashank Shekharsingh vs. DCIT Income

THE DCIT, CENTRAL CIRCLE-1(1),, AHMEDABAD vs. SHRI UMANG HIRALAL THAKKAR, AHMEDABAD

ITA 2598/AHD/2008[2002-03]Status: DisposedITAT Ahmedabad19 Oct 2022AY 2002-03

Bench: Shri Pramod M. Jagtap & Ms. Madhumita Roy

For Appellant: Shri Bandish Soparkar, A.RFor Respondent: Shri Vijay Kumar Jaiswal, CIT DR
Section 132(4)Section 153ASection 46A

u/s. 46A without considering the A.O’s objection that none of the conditions mentioned under that Rule was satisfied. 2. The CIT(A) has erred in law and on facts in deleting the addition of Rs. 1,89,19,363/- and Rs. 69,88,121/- made on account of unexplained capital and unexplained cash credits, respectively without considering the factual

THE DCIT, CENTRAL CIRCLE-1(1),, AHMEDABAD vs. SHRI UMANG H. THAKKAR, AHMEDABAD

ITA 2406/AHD/2008[2001-02]Status: DisposedITAT Ahmedabad19 Oct 2022AY 2001-02

Bench: Shri Pramod M. Jagtap & Ms. Madhumita Roy

For Appellant: Shri Bandish Soparkar, A.RFor Respondent: Shri Vijay Kumar Jaiswal, CIT DR
Section 132(4)Section 153ASection 46A

u/s. 46A without considering the A.O’s objection that none of the conditions mentioned under that Rule was satisfied. 2. The CIT(A) has erred in law and on facts in deleting the addition of Rs. 1,89,19,363/- and Rs. 69,88,121/- made on account of unexplained capital and unexplained cash credits, respectively without considering the factual

SHRI UMANG HIRALAL THAKKAR,AHMEDABAD vs. THE DY.CIT.,CENT.CIRCLE-1(1),, AHMEDABAD

ITA 2148/AHD/2008[2003-04]Status: DisposedITAT Ahmedabad19 Oct 2022AY 2003-04

Bench: Shri Pramod M. Jagtap & Ms. Madhumita Roy

For Appellant: Shri Bandish Soparkar, A.RFor Respondent: Shri Vijay Kumar Jaiswal, CIT DR
Section 132(4)Section 153ASection 46A

u/s. 46A without considering the A.O’s objection that none of the conditions mentioned under that Rule was satisfied. 2. The CIT(A) has erred in law and on facts in deleting the addition of Rs. 1,89,19,363/- and Rs. 69,88,121/- made on account of unexplained capital and unexplained cash credits, respectively without considering the factual

SHRI UMANG HIRALAL THAKKAR,AHMEDABAD vs. THE DY.CIT.,CENT.CIRCLE-1(1),, AHMEDABAD

ITA 2147/AHD/2008[2002-03]Status: DisposedITAT Ahmedabad19 Oct 2022AY 2002-03

Bench: Shri Pramod M. Jagtap & Ms. Madhumita Roy

For Appellant: Shri Bandish Soparkar, A.RFor Respondent: Shri Vijay Kumar Jaiswal, CIT DR
Section 132(4)Section 153ASection 46A

u/s. 46A without considering the A.O’s objection that none of the conditions mentioned under that Rule was satisfied. 2. The CIT(A) has erred in law and on facts in deleting the addition of Rs. 1,89,19,363/- and Rs. 69,88,121/- made on account of unexplained capital and unexplained cash credits, respectively without considering the factual

THE DCIT, CENTRAL CIRCLE-1(1),, AHMEDABAD vs. SHRI UMANG H. THAKKAR, AHMEDABAD

ITA 2407/AHD/2008[2003-04]Status: DisposedITAT Ahmedabad19 Oct 2022AY 2003-04

Bench: Shri Pramod M. Jagtap & Ms. Madhumita Roy

For Appellant: Shri Bandish Soparkar, A.RFor Respondent: Shri Vijay Kumar Jaiswal, CIT DR
Section 132(4)Section 153ASection 46A

u/s. 46A without considering the A.O’s objection that none of the conditions mentioned under that Rule was satisfied. 2. The CIT(A) has erred in law and on facts in deleting the addition of Rs. 1,89,19,363/- and Rs. 69,88,121/- made on account of unexplained capital and unexplained cash credits, respectively without considering the factual

THE ITO, WARD-1(2)(4), AHMEDABAD vs. SHRI. SURESHCHANDRA SHANTILAL BRAHMBHATT, AHMEDABAD

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

ITA 1549/AHD/2019[2016-17]Status: DisposedITAT Ahmedabad03 Apr 2024AY 2016-17

Bench: Shri Ramit Kochar & Ms. Madhumita Royassessment Year: 2016-17 Income Tax Officer, Shri. Sureshchandra Shantilal Ward-1(2)(4), Ahmedabad, Brahmbhatt, Room No. 220, V. 4 Shreenath Bangalow Part-2 2Nd Floor, Aayakar Bhawan, Opp. Matrushree Party Plot, Near Sachin Tower, Vejalpur, Chandkheda, Ahmedabad-380005 Ahmedabad-380051, Gujarat Gujarat Pan:Actpb8904H (Appellant) (Respondent) Assessee By: Sh. Tushar Hemani, Sr. Ar & Sh. Parimalsinh Parmar, Ar Revenue By: Sh. Prasad Rao Waghe Annasaheb, Sr. Dr Date Of Hearing: 25.01.2024 Date Of Pronouncement: 03.04.2024

For Appellant: Sh. Tushar Hemani, Sr. AR & Sh. ParimalsinhFor Respondent: Sh. Prasad Rao Waghe Annasaheb, Sr. DR
Section 143(1)Section 143(2)Section 143(3)Section 250Section 68

u/s 68 w.r.t. advances granted as well unsecured loans raised in the preceding years, have not stood the verification by the AO. Rule 46A is not merely an empty formality. 14 AY:2016-17 Sh. Sureshchandra Shantilal Bramhbhatt Rule 46A of the 1962 is reproduced hereunder and sub-rule 3 of Rule 46A is relevant: “Production of additional evidence before