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

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Key Topics

Section 153A75Section 271(1)(c)29Section 153D25Section 25023Penalty20Addition to Income18Section 15317Section 132(1)17Search & Seizure

LATE SRI ZIA USMANI THROUGH L/H AND WIFE SMT. MEHVISH USMANI,ALLAHABAD vs. COMMISSIONER OF INCOME TAX (APPEALS), ALLAHABAD

In the result, the appeal of the assessee is allowed

ITA 143/ALLD/2019[2008-09]Status: DisposedITAT Allahabad12 Apr 2021AY 2008-09

Bench: Shri Vijay Pal Rao

Section 142(2)Section 271(1)(c)Section 274

u/s 271(1)(c). Assessing Officer Page 7 of 12 Late Shri Zia Usmani 6. From a perusal of this notice, it is crystal clear that the charge for which penalty is proposed to be levied under section 271(1)(c) of the Act, whether for concealment of income, or for furnishing of inaccurate particulars of income, is not specific

RAVINDRA NATH PATEL ,MAHARAJGANJ vs. INCOME TAX OFFICER, GORKHPUR, GORKHPUR

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

Showing 1–20 of 61 · Page 1 of 4

17
Charitable Trust16
Section 142(1)11
Section 14710
ITA 27/ALLD/2025[2008-2009]Status: Disposed
ITAT Allahabad
24 Jul 2025
AY 2008-2009

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguriaravindra Nath Patel Kasmaria V. Income Tax Officer Kasmaria, Maharajganj, Uttar Aayakar Bhawan, Income Pradesh-273303. Tax Office, Anand Nagar Road, Maharajganj, Up- 273165. Pan: Akbpp8792R (Appellant) (Respondent) Appellant By: Ms Vidisha Srivastava, Adv Respondent By: Shri A. K. Singh, Sr. Dr O R D E R

For Appellant: Ms Vidisha Srivastava, AdvFor Respondent: Shri A. K. Singh, Sr. DR
Section 143(3)Section 271(1)(c)

penalty u/s 271(1)(c) is unjustified, bad in law, and against the principle of natural justice and the same

DCIT CIRCLE-3, MIRZAPUR vs. SHRI NEERAJ AGRAWAL, MIRZAPUR

ITA 138/ALLD/2017[2012-13]Status: DisposedITAT Allahabad14 Mar 2023AY 2012-13

Bench: Shrivijay Pal Rao & Shri Ramit Kochar

For Appellant: Shri. Divyanshu Agrawal, Adv.,Shri RajeevFor Respondent: Shri. A.K. Singh Sr.D.R
Section 143(3)

Penalty proceedings u/s 271(1)(c) is being initiated separately for concealment of income. Addition of Rs. 78,059/-/” 4c. The AO further observed that there are cash deposits recorded in the cash books maintained by the assessee, which were found during the course of survey operations u/s 133A on 24.02.2012, as detailed hereunder: S.No. Date Concerned Perons/Firm name Amount

NEERAJ AGRAWAL,,MIRZAPUR vs. DCIT, MIRZAPUR

ITA 100/ALLD/2017[2012-2013]Status: DisposedITAT Allahabad14 Mar 2023AY 2012-2013

Bench: Shrivijay Pal Rao & Shri Ramit Kochar

For Appellant: Shri. Divyanshu Agrawal, Adv.,Shri RajeevFor Respondent: Shri. A.K. Singh Sr.D.R
Section 143(3)

Penalty proceedings u/s 271(1)(c) is being initiated separately for concealment of income. Addition of Rs. 78,059/-/” 4c. The AO further observed that there are cash deposits recorded in the cash books maintained by the assessee, which were found during the course of survey operations u/s 133A on 24.02.2012, as detailed hereunder: S.No. Date Concerned Perons/Firm name Amount

SHRI KAMALENDRA BHADUR MISHRA,,SONEBHADRA vs. DCIT, RANGE-III, MIRZAPUR

In the result, the appeal of the assessee is allowed

ITA 240/ALLD/2017[2011-12]Status: DisposedITAT Allahabad14 Feb 2020AY 2011-12

Bench: Shri. A. D. Jain & Shri T. S. Kapoorassessment Year: 2011-12 Shri Kamalendra Bhadur Mishra V. Dcit Prop. M/S K.S. Engineearing Range Iii Iii-19, Jme Colony Mirzapur Shakti Dnagar, Sonebhadra Tan/Pan:Adbpm4445K (Appellant) (Respondent) Appellant By: Shri K.R. Singh, Advocate Respondent By: Shri A. K. Singh, D.R. Date Of Hearing: 13 02 2020 Date Of Pronouncement: 14 02 2020 O R D E R

For Appellant: Shri K.R. Singh, AdvocateFor Respondent: Shri A. K. Singh, D.R
Section 271Section 271(1)Section 271(1)(c)Section 274

u/s 271 (1) (c) lie in case of estimated income. 2. The grievance of the assessee is against imposition of penalty under section 271(1)(c) of the I.T. Act, which has been confirmed by the learned CIT(A). ITA No.240/ALLD/2017 Page 2 of 7 3. At the time of hearing before us, the ld. A.R. of the assessee invited

INCOME TAX OFFICER WARD-2(2), ALLAHABAD vs. MONAD INFRASOLUTION LIMITED, ALLAHABAD

In the result, the appeal of the revenue is allowed for statistical purpose and the Cross-objection of the assessee are dismissed

ITA 62/ALLD/2020[2015-16]Status: DisposedITAT Allahabad19 Dec 2022AY 2015-16

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2015-16 Income Tax Officer, V. Monad Infrasolution Limited, Ward-2(2), Allahabad C-80 Gtb Nagar Kareli, Allahabad, 211016 U.P. Pan-Aajcm2155J (Appellant) (Respondent) C.O. No. 01/Alld/2021 In Assessment Year: 2015-16 Monad Infrasolution Limited, V. Income Tax Officer, C-80 Gtb Nagar Kareli, Ward-2(2), Allahabad Allahabad, 211016 U.P. Pan-Aajcm2155J (Appellant) (Respondent)

For Appellant: Mr. Rabin Chaudhuri, CIT. D.RFor Respondent: Mr. Ashish Bansal, Adv
Section 142(1)Section 143(2)Section 144

penalty order u/s 271 (1) (b) of the Income tax Act, 1961 dated 20.11.2017 was passed Imposing Rs. 10,000/-. Final Show cause notice dated 04.12.2017 was issued through registered post /email, fixing the date of compliance on 11.12.2017 at 12.50 P.M at 38 M.G Marg, Kayaker Bhawan and show cause why following addition may not be made in your

CHANDRA BALI SINGH,MIRZAPUR vs. INCOME TAX WARD -3(1), MIRZAPUR

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

ITA 129/ALLD/2019[2009-10]Status: DisposedITAT Allahabad15 Jan 2021AY 2009-10

Bench: Shri.Vijay Pal Raoassessment Year: 2009-10

For Appellant: Shri Praveen Godbole, CAFor Respondent: Shri A.K. Singh, CIT (DR)
Section 142(1)Section 144Section 147Section 271Section 271(1)(b)

natural justice as the assessee was not given appropriate opportunity of hearing as well as to furnish the requisite details as sought in the notice u/s. 142(1) of the Act. The ld. AR has further pointed out that the assessee has challenged the assessment order by filing the appeal before the CIT(A), which is still pending before

GYAN VIKAS SAMITI,AMBEDKAR NAGAR vs. THE INCOME TAX OFFICER , AMBEDKAR NAGAR

In the result, the impugned orders of the Ld

ITA 7/ALLD/2025[2010-11]Status: DisposedITAT Allahabad30 Sept 2025AY 2010-11

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

For Appellant: (Application)For Respondent: Shri A. K. Singh, Sr. CIT(DR)
Section 10Section 249(4)Section 253(3)

natural justice. In view of the foregoing, the impugned appellate order dated 13.03.2024 is set aside and ITA Nos.7 & 8/LKW/2025 Page 5 of 6 the Ld. CIT(A) is directed to pass de novo order in accordance with law, after providing reasonable opportunity to the assessee. If it is found by the Ld. CIT(A), in pursuance of the aforesaid

GYAN VIKAS SAMITI ,AMBEDKAR NAGAR vs. THE INCOME TAX OFFICER, AMBEDKAR NAGAR

In the result, the impugned orders of the Ld

ITA 8/ALLD/2025[2010-11]Status: DisposedITAT Allahabad30 Sept 2025AY 2010-11

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

For Appellant: (Application)For Respondent: Shri A. K. Singh, Sr. CIT(DR)
Section 10Section 249(4)Section 253(3)

natural justice. In view of the foregoing, the impugned appellate order dated 13.03.2024 is set aside and ITA Nos.7 & 8/LKW/2025 Page 5 of 6 the Ld. CIT(A) is directed to pass de novo order in accordance with law, after providing reasonable opportunity to the assessee. If it is found by the Ld. CIT(A), in pursuance of the aforesaid

SHERVANI SUGAR SYNDICATE LIMITED,C/O B. K. KAPUR CO. vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

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

ITA 137/ALLD/2025[2012-13]Status: DisposedITAT Allahabad30 Sept 2025AY 2012-13

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguriaassessment Year: 2012-13 Shervani Sugar Syndicate V. National Faceless Limited Assessment Centre 17, Navyug Market, Ghaziabad- Delhi. 201001. Pan:Aadcs3658L (Appellant) (Respondent) Assessment Year: 2012-13 Shervani Sugar Syndicate V. Dc/Acit-2, Allahabad Limited Office Of The Assistant C/O 17, Navyug Market, Commissioner Of Income Ghaziabad-201001. Tax, Allahabad, Allahabad-211001. Pan:Aadcs3658L (Appellant) (Respondent) Appellant By: Shri Madhav Kapur Respondent By: Shri A. K. Singh, Sr. Dr Date Of Hearing: 23 09 2025 Date Of Pronouncement: 30 09 2025 O R D E R

For Appellant: Shri Madhav KapurFor Respondent: Shri A. K. Singh, Sr. DR
Section 147Section 253(3)

u/s 147/144 of the Income Tax Act, 1961 (“Act”, for short) whereby the assessee’s total income was assessed at Rs.60,90,164/-. The order passed by the Assessing Officer was an ex-parte order qua the assessee. Vide impugned appellate order dated 14.02.2025, the assessee’s appeal was dismissed by the learned CIT(A). The order of learned

SHERVANI SUGAR SYNDICATE LIMITED,GHAZIABAD vs. DC/ACIT-2, ALLAHABAD, ALLAHABAD

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

ITA 138/ALLD/2025[2012-13]Status: DisposedITAT Allahabad30 Sept 2025AY 2012-13

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguriaassessment Year: 2012-13 Shervani Sugar Syndicate V. National Faceless Limited Assessment Centre 17, Navyug Market, Ghaziabad- Delhi. 201001. Pan:Aadcs3658L (Appellant) (Respondent) Assessment Year: 2012-13 Shervani Sugar Syndicate V. Dc/Acit-2, Allahabad Limited Office Of The Assistant C/O 17, Navyug Market, Commissioner Of Income Ghaziabad-201001. Tax, Allahabad, Allahabad-211001. Pan:Aadcs3658L (Appellant) (Respondent) Appellant By: Shri Madhav Kapur Respondent By: Shri A. K. Singh, Sr. Dr Date Of Hearing: 23 09 2025 Date Of Pronouncement: 30 09 2025 O R D E R

For Appellant: Shri Madhav KapurFor Respondent: Shri A. K. Singh, Sr. DR
Section 147Section 253(3)

u/s 147/144 of the Income Tax Act, 1961 (“Act”, for short) whereby the assessee’s total income was assessed at Rs.60,90,164/-. The order passed by the Assessing Officer was an ex-parte order qua the assessee. Vide impugned appellate order dated 14.02.2025, the assessee’s appeal was dismissed by the learned CIT(A). The order of learned

CHANDRA BHAWAN,KAUSHAMBI vs. ITO WARD-2(5), , KAUSHAMBI

In the result, while appeal in ITA No

ITA 41/ALLD/2024[2016-17]Status: DisposedITAT Allahabad29 Nov 2024AY 2016-17

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Chandra Bhawan, Vs. Additional/Joint/Deputy/Assis Chak Guraini, Baish Kanti, Kaushambi- Tant Commissioner Of Income 212206 Tax/Income-Tax Officer, Present Address National Faceless Assessment 39A/L/2, Om Prakash, Sabhasad Marg, Centre, Delhi Kalindipuram, Prayagraj-211011 Pan:Ahjpb4378C (Appellant) (Respondent) A.Y. 2016-17 Chandra Bhawan, Vs. Income Tax Officer, Chak Guraini, Baish Kanti, Kaushambi- Ward-2(5), Kaushambi 212206 Present Address 39A/L/2, Om Prakash, Sabhasad Marg, Kalindipuram, Prayagraj-211011 Pan:Ahjpb4378C (Appellant) (Respondent) Assessee By: Sh. Mayank Arora, Advocate Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 14.11.2024 Date Of Pronouncement: 29.11.2024 O R D E R Per Nikhil Choudhary, A.M.: These Two Appeals Have Been Filed Against The Orders Of The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 On 19.01.2024 (For The Assessment

For Appellant: Sh. Mayank Arora, AdvocateFor Respondent: Sh. A.K. Singh, Sr. DR
Section 156Section 250Section 69A

penalty proceedings under section 271(1)(c). 4. Aggrieved with this order of the ld. AO, the assessee went in appeal before the ld. CIT(A), Allahabad. Subsequently, his appeal was migrated to the National Faceless Appeal Centre. The ld. CIT(A), NFAC records that a total 13 notices were issued to the assessee during appeal proceedings and in response

CHANDRA BHAWAN,KAUSHAMBI vs. ADDL./JOINT/ACIT/ITO, NFAC, DELHI

In the result, while appeal in ITA No

ITA 141/ALLD/2023[2017-18]Status: DisposedITAT Allahabad29 Nov 2024AY 2017-18

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Chandra Bhawan, Vs. Additional/Joint/Deputy/Assis Chak Guraini, Baish Kanti, Kaushambi- Tant Commissioner Of Income 212206 Tax/Income-Tax Officer, Present Address National Faceless Assessment 39A/L/2, Om Prakash, Sabhasad Marg, Centre, Delhi Kalindipuram, Prayagraj-211011 Pan:Ahjpb4378C (Appellant) (Respondent) A.Y. 2016-17 Chandra Bhawan, Vs. Income Tax Officer, Chak Guraini, Baish Kanti, Kaushambi- Ward-2(5), Kaushambi 212206 Present Address 39A/L/2, Om Prakash, Sabhasad Marg, Kalindipuram, Prayagraj-211011 Pan:Ahjpb4378C (Appellant) (Respondent) Assessee By: Sh. Mayank Arora, Advocate Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 14.11.2024 Date Of Pronouncement: 29.11.2024 O R D E R Per Nikhil Choudhary, A.M.: These Two Appeals Have Been Filed Against The Orders Of The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 On 19.01.2024 (For The Assessment

For Appellant: Sh. Mayank Arora, AdvocateFor Respondent: Sh. A.K. Singh, Sr. DR
Section 156Section 250Section 69A

penalty proceedings under section 271(1)(c). 4. Aggrieved with this order of the ld. AO, the assessee went in appeal before the ld. CIT(A), Allahabad. Subsequently, his appeal was migrated to the National Faceless Appeal Centre. The ld. CIT(A), NFAC records that a total 13 notices were issued to the assessee during appeal proceedings and in response

PRINCIPAL MAULANA AZAD INTER COLLEGE,,SIDDHARTH NAGAR vs. JOINT CIT(TDS), ALLAHABAD

In the result, the appeals of the assessee are allowed for statistical purposes

ITA 382/ALLD/2018[2011-12]Status: DisposedITAT Allahabad10 Dec 2020AY 2011-12

Bench: Shri Vijay Pal Rao

For Appellant: Shri. Abhinav Mehrotra, AdvFor Respondent: Shri A. K. Singh,Sr. DR
Section 200(3)Section 227Section 272A(2)(k)

penalty order as well as the impugned order of the CIT(A) and submitted that there was no response by the assessee to the notices issued by the AO and the CIT(A). Thus the delay in filing these appeals is nothing but due to casual approach and negligence of the assessee. 5. I have considered the rival contentions

PRINCIPAL MAULANA AZAD INTER COLLEGE,,SIDDHARTH NAGAR vs. JOINT CIT(TDS), ALLAHABAD

In the result, the appeals of the assessee are allowed for statistical purposes

ITA 381/ALLD/2018[2010-11]Status: DisposedITAT Allahabad10 Dec 2020AY 2010-11

Bench: Shri Vijay Pal Rao

For Appellant: Shri. Abhinav Mehrotra, AdvFor Respondent: Shri A. K. Singh,Sr. DR
Section 200(3)Section 227Section 272A(2)(k)

penalty order as well as the impugned order of the CIT(A) and submitted that there was no response by the assessee to the notices issued by the AO and the CIT(A). Thus the delay in filing these appeals is nothing but due to casual approach and negligence of the assessee. 5. I have considered the rival contentions

PRINCIPAL MAULANA AZAD INTER COLLEGE,,SIDDHARTH NAGAR vs. JOINT CIT(TDS), ALLAHABAD

In the result, the appeals of the assessee are allowed for statistical purposes

ITA 383/ALLD/2018[2012-13]Status: DisposedITAT Allahabad10 Dec 2020AY 2012-13

Bench: Shri Vijay Pal Rao

For Appellant: Shri. Abhinav Mehrotra, AdvFor Respondent: Shri A. K. Singh,Sr. DR
Section 200(3)Section 227Section 272A(2)(k)

penalty order as well as the impugned order of the CIT(A) and submitted that there was no response by the assessee to the notices issued by the AO and the CIT(A). Thus the delay in filing these appeals is nothing but due to casual approach and negligence of the assessee. 5. I have considered the rival contentions

PRINCIPAL MAULANA AZAD INTER COLLEGE,,SIDDHARTH NAGAR vs. JOINT CIT(TDS), ALLAHABAD

In the result, the appeals of the assessee are allowed for statistical purposes

ITA 380/ALLD/2018[2009-10]Status: DisposedITAT Allahabad10 Dec 2020AY 2009-10

Bench: Shri Vijay Pal Rao

For Appellant: Shri. Abhinav Mehrotra, AdvFor Respondent: Shri A. K. Singh,Sr. DR
Section 200(3)Section 227Section 272A(2)(k)

penalty order as well as the impugned order of the CIT(A) and submitted that there was no response by the assessee to the notices issued by the AO and the CIT(A). Thus the delay in filing these appeals is nothing but due to casual approach and negligence of the assessee. 5. I have considered the rival contentions

PRINCIPAL MAULANA AZAD INTER COLLEGE,,SIDDHARTH NAGAR vs. JOINT CIT(TDS), ALLAHABAD

In the result, the appeals of the assessee are allowed for statistical purposes

ITA 379/ALLD/2018[2008-09]Status: DisposedITAT Allahabad10 Dec 2020AY 2008-09

Bench: Shri Vijay Pal Rao

For Appellant: Shri. Abhinav Mehrotra, AdvFor Respondent: Shri A. K. Singh,Sr. DR
Section 200(3)Section 227Section 272A(2)(k)

penalty order as well as the impugned order of the CIT(A) and submitted that there was no response by the assessee to the notices issued by the AO and the CIT(A). Thus the delay in filing these appeals is nothing but due to casual approach and negligence of the assessee. 5. I have considered the rival contentions

WASEEM AHMAD,ALLAHABAD vs. ITO, ALLAHABAD

In the result, the appeal filed by the assessee with tribunal in ITA No

ITA 36/ALLD/2022[2008-09]Status: DisposedITAT Allahabad03 Jan 2023AY 2008-09
For Appellant: AdjournmentFor Respondent: Shri A. K. Singh, Sr. DR
Section 250(6)Section 271(1)(c)

u/s 271(1)(c) of the 1961 Act , which was later confirmed by ld. CIT(A). Without going into merits of the issue in this appeal, it is observed that the learned CIT(A) gave several opportunities of hearing to the assessee as are stated/extracted in the page 3 and 4 of the appellate order passed by learned

M/S GANGA NURSING HOME,,ALLAHABAD vs. DCIT,, ALLAHABAD

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

ITA 186/ALLD/2013[2008-09]Status: DisposedITAT Allahabad10 Sept 2021AY 2008-09

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

For Appellant: Sh. Praveen Godbole, C.AFor Respondent: Sh. A.K. Singh, Sr. DR
Section 143Section 143(3)Section 2(14)Section 2(14)(iii)Section 50C

Penalty notice u/s 271(1)(c) of the I.T. Act, 1961 is issued on this point.” 4. The assessee being aggrieved by an assessment framed by the AO filed first appeal with Ld. CIT (A) , who after considering the contentions of the assessee 5 Assessment Year: 2008-09 Ganga Nursing Home v. DCIT, Range-1, Allahabad decided appeal against