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29 results for “penalty u/s 271”+ Section 158clear

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Key Topics

Section 271(1)(c)63Section 153A32Penalty27Section 27423Section 143(3)23Section 27119Addition to Income19Section 80I11Section 148

SHRI GULZAR SINGH. GURBACHAN SINGH,BATHINDA vs. PRINCIPAL COMMISSIONER OF INCOME TAX , BATHINDA

In the result, both the appeals are allowed

ITA 337/ASR/2019[2007-08]Status: DisposedITAT Amritsar12 Sept 2022AY 2007-08

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: NoneFor Respondent: Sh. S. M. Surendranath, Sr. DR
Section 144Section 271Section 271(1)Section 271(1)(c)

section 271(1) (c) is to penalize the assessee for concealment of particulars of income and/or furnishing inadequate particulars of such income. To our understanding, penalty cannot be imposed just for making incorrect claim in view of four principles laid down by Apex Court’s Judgment in “CIT vs Reliance Petroproducts Pvt Ltd”, [2010] 322 ITR 158 that- 1. Penalty

Showing 1–20 of 29 · Page 1 of 2

10
Section 271(1)8
Search & Seizure8
Survey u/s 133A8

SHRI GULZAR SINGH , GURBACHAN SINGH,BATHINDA vs. PRINCIPAL COMMISSIONER OF INCOME TAX, BATHINDA

In the result, both the appeals are allowed

ITA 338/ASR/2019[2008-09]Status: DisposedITAT Amritsar12 Sept 2022AY 2008-09

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: NoneFor Respondent: Sh. S. M. Surendranath, Sr. DR
Section 144Section 271Section 271(1)Section 271(1)(c)

section 271(1) (c) is to penalize the assessee for concealment of particulars of income and/or furnishing inadequate particulars of such income. To our understanding, penalty cannot be imposed just for making incorrect claim in view of four principles laid down by Apex Court’s Judgment in “CIT vs Reliance Petroproducts Pvt Ltd”, [2010] 322 ITR 158 that- 1. Penalty

SHRI CHANDAN BHARDWAJ,TARN TARAN vs. ASSISTANT COMMISSIONER OF INCOME TAX,CIRCLE-1, AMRITSAR

ITA 455/ASR/2018[2012-13]Status: DisposedITAT Amritsar20 Dec 2021AY 2012-13

Bench: Dr. M. L. Meena & Sh. Ravish Sood

For Appellant: Sh. K. R. Jain, AdvFor Respondent: Smt. Ratinder Kaur, D.R
Section 139(1)Section 139(2)Section 22Section 271Section 271(1)(C)Section 271(1)(c)Section 274

u/s 271(1)(C) is wrong illegal and against facts and likewise CIT(A) is not justified while confirming the same. 2. That Ld. AO while imposing the penalty has not considered the facts of the case and proceeded to impose the penalty arbitrarily. The Ld. CIT(A) has further erred in law and on facts while confirming the same

SH. JINDER PAL,AMRITSAR vs. INCOME TAX OFFICER, WARD - 4(2), AMRITSAR

ITA 591/ASR/2017[2013-14]Status: DisposedITAT Amritsar20 Dec 2021AY 2013-14

Bench: Dr. M. L. Meena & Sh. Ravish Sood

For Appellant: Sh. K. R. Jain, AdvFor Respondent: Smt. Ratinder Kaur, D.R
Section 139(1)Section 139(2)Section 22Section 271Section 271(1)(C)Section 271(1)(c)Section 274

u/s 271(1)(C) is wrong illegal and against facts and likewise CIT(A) is not justified while confirming the same. 2. That Ld. AO while imposing the penalty has not considered the facts of the case and proceeded to impose the penalty arbitrarily. The Ld. CIT(A) has further erred in law and on facts while confirming the same

SH SUMIT MAHAJAN,JAMMU vs. THE DY COMMISSIONER OF INCOME TAX, JAMMU

In the result, all the appeals filed by the assessees stands allowed

ITA 43/ASR/2017[2006-07]Status: DisposedITAT Amritsar30 Dec 2019AY 2006-07

Bench: Sh. N.K.Choudhry & Dr. A.L.Sainiita No.46 /Asr/2017 Assessment Year: 2007-08 Assessment Year: 2008-09

For Appellant: Sh. Joginder Singh (Ld. CA)For Respondent: Smt. Prabhjot Kaur (Ld. CIT-DR)
Section 132Section 133ASection 139Section 143(3)Section 153ASection 271(1)(c)Section 274

u/s 274 r.w.s 271 of the Act has not specified as to which limb of the penalty proposed is to be levied.” The assessee in support of raising additional ground also submitted that the legal ground can be taken at any stage in view of the Hon’ble Supreme Court judgment in the case of NTPC

SH. KASTURI LAL MAHAJAN,JAMMU vs. THE DY. COMMISSIONER OF INCOME-TAX, JAMMU

In the result, all the appeals filed by the assessees stands allowed

ITA 190/ASR/2015[2008-09]Status: DisposedITAT Amritsar30 Dec 2019AY 2008-09

Bench: Sh. N.K.Choudhry & Dr. A.L.Sainiita No.46 /Asr/2017 Assessment Year: 2007-08 Assessment Year: 2008-09

For Appellant: Sh. Joginder Singh (Ld. CA)For Respondent: Smt. Prabhjot Kaur (Ld. CIT-DR)
Section 132Section 133ASection 139Section 143(3)Section 153ASection 271(1)(c)Section 274

u/s 274 r.w.s 271 of the Act has not specified as to which limb of the penalty proposed is to be levied.” The assessee in support of raising additional ground also submitted that the legal ground can be taken at any stage in view of the Hon’ble Supreme Court judgment in the case of NTPC

SH AMIT MAHAJAN,JAMMU vs. THE DY COMMISSIONER OF INCOME TAX, JAMMU

In the result, all the appeals filed by the assessees stands allowed

ITA 40/ASR/2017[2006-07]Status: DisposedITAT Amritsar30 Dec 2019AY 2006-07

Bench: Sh. N.K.Choudhry & Dr. A.L.Sainiita No.46 /Asr/2017 Assessment Year: 2007-08 Assessment Year: 2008-09

For Appellant: Sh. Joginder Singh (Ld. CA)For Respondent: Smt. Prabhjot Kaur (Ld. CIT-DR)
Section 132Section 133ASection 139Section 143(3)Section 153ASection 271(1)(c)Section 274

u/s 274 r.w.s 271 of the Act has not specified as to which limb of the penalty proposed is to be levied.” The assessee in support of raising additional ground also submitted that the legal ground can be taken at any stage in view of the Hon’ble Supreme Court judgment in the case of NTPC

SH AMIT MAHAJAN,JAMMU vs. THE DY COMMISSIONER OF INCOME TAX, JAMMU

In the result, all the appeals filed by the assessees stands allowed

ITA 41/ASR/2017[2007-08]Status: DisposedITAT Amritsar30 Dec 2019AY 2007-08

Bench: Sh. N.K.Choudhry & Dr. A.L.Sainiita No.46 /Asr/2017 Assessment Year: 2007-08 Assessment Year: 2008-09

For Appellant: Sh. Joginder Singh (Ld. CA)For Respondent: Smt. Prabhjot Kaur (Ld. CIT-DR)
Section 132Section 133ASection 139Section 143(3)Section 153ASection 271(1)(c)Section 274

u/s 274 r.w.s 271 of the Act has not specified as to which limb of the penalty proposed is to be levied.” The assessee in support of raising additional ground also submitted that the legal ground can be taken at any stage in view of the Hon’ble Supreme Court judgment in the case of NTPC

SH AMIT MAHAJAN,JAMMU vs. THE DY COMMISSIONER OF INCOME TAX, JAMMU

In the result, all the appeals filed by the assessees stands allowed

ITA 42/ASR/2017[2087-09]Status: DisposedITAT Amritsar30 Dec 2019AY 2087-09

Bench: Sh. N.K.Choudhry & Dr. A.L.Sainiita No.46 /Asr/2017 Assessment Year: 2007-08 Assessment Year: 2008-09

For Appellant: Sh. Joginder Singh (Ld. CA)For Respondent: Smt. Prabhjot Kaur (Ld. CIT-DR)
Section 132Section 133ASection 139Section 143(3)Section 153ASection 271(1)(c)Section 274

u/s 274 r.w.s 271 of the Act has not specified as to which limb of the penalty proposed is to be levied.” The assessee in support of raising additional ground also submitted that the legal ground can be taken at any stage in view of the Hon’ble Supreme Court judgment in the case of NTPC

SH SUMIT MAHAJAN,JAMMU vs. THE DY COMMISSIONER OF INCOME TAX, JAMMU

In the result, all the appeals filed by the assessees stands allowed

ITA 44/ASR/2017[2007-08]Status: DisposedITAT Amritsar30 Dec 2019AY 2007-08

Bench: Sh. N.K.Choudhry & Dr. A.L.Sainiita No.46 /Asr/2017 Assessment Year: 2007-08 Assessment Year: 2008-09

For Appellant: Sh. Joginder Singh (Ld. CA)For Respondent: Smt. Prabhjot Kaur (Ld. CIT-DR)
Section 132Section 133ASection 139Section 143(3)Section 153ASection 271(1)(c)Section 274

u/s 274 r.w.s 271 of the Act has not specified as to which limb of the penalty proposed is to be levied.” The assessee in support of raising additional ground also submitted that the legal ground can be taken at any stage in view of the Hon’ble Supreme Court judgment in the case of NTPC

SH SUMIT MAHAJAN,JAMMU vs. THE DY COMMISSIONER OF INCOME TAX, JAMMU

In the result, all the appeals filed by the assessees stands allowed

ITA 45/ASR/2017[2008-09]Status: DisposedITAT Amritsar30 Dec 2019AY 2008-09

Bench: Sh. N.K.Choudhry & Dr. A.L.Sainiita No.46 /Asr/2017 Assessment Year: 2007-08 Assessment Year: 2008-09

For Appellant: Sh. Joginder Singh (Ld. CA)For Respondent: Smt. Prabhjot Kaur (Ld. CIT-DR)
Section 132Section 133ASection 139Section 143(3)Section 153ASection 271(1)(c)Section 274

u/s 274 r.w.s 271 of the Act has not specified as to which limb of the penalty proposed is to be levied.” The assessee in support of raising additional ground also submitted that the legal ground can be taken at any stage in view of the Hon’ble Supreme Court judgment in the case of NTPC

SH. KASTURI LAL MAHAJAN,JAMMU vs. THE DY COMMISSIONER OF INCOME TAX, JAMMU

In the result, all the appeals filed by the assessees stands allowed

ITA 46/ASR/2017[2007-08]Status: DisposedITAT Amritsar30 Dec 2019AY 2007-08

Bench: Sh. N.K.Choudhry & Dr. A.L.Sainiita No.46 /Asr/2017 Assessment Year: 2007-08 Assessment Year: 2008-09

For Appellant: Sh. Joginder Singh (Ld. CA)For Respondent: Smt. Prabhjot Kaur (Ld. CIT-DR)
Section 132Section 133ASection 139Section 143(3)Section 153ASection 271(1)(c)Section 274

u/s 274 r.w.s 271 of the Act has not specified as to which limb of the penalty proposed is to be levied.” The assessee in support of raising additional ground also submitted that the legal ground can be taken at any stage in view of the Hon’ble Supreme Court judgment in the case of NTPC

THE HOSHIARPUR CENTRAL COOP BANK LIMITED,HOSHIARPUR vs. DEPUTY COMMISSIONER OF INCOME TAX. CIRCLE, HOSHIARPUR

ITA 280/ASR/2018[2011-12]Status: DisposedITAT Amritsar24 Dec 2021AY 2011-12

Bench: Sh. Ravish Sood & Dr. M. L. Meena

For Appellant: Shri J. S. Bhasin, AdvFor Respondent: Shri Rohit Mehra, DR
Section 133(6)Section 143(3)Section 271Section 271(1)(c)

section 271(l)(c) on wholly erroneous and insufficient grounds. 2. That contrary to facts on record, the Id.CIT(A) grossly erred to hold that the assessee did not declare true particulars of income and no bonafide explanation could be filed. 3. That the additions made in assessment, being revenue neutral, besides being debatable in nature, the levy of impugned

SHRIMATI RAVNEET KAUR GREWAL,MOHALI vs. DEPUTY COMMISSONER OF INCOME TAX CENTRAL CIRCLE-1, JALANDHAR

In the result, the bunch of appeals of the assessee is allowed

ITA 49/ASR/2021[2008-09]Status: DisposedITAT Amritsar20 Jul 2021AY 2008-09

Bench: Sh. Laliet Kumar & Dr. M. L. Meenai.T.A. Nos. 48 To 53/Asr/2021 Assessment Years: 2007-08 To 2012-13

Section 143(3)Section 271Section 271(1)(c)Section 274Section 4

section 4 I.T.A. Nos. 48 to 53/Asr/2021 271(1)(c), the mere defect in a notice that not striking of irrelevant matter would vitiate penalty proceedings. 6. The ld. DR placed reliance on the impugned orders. 7. Heard both the sides and perused the rival contention and material on record referred thereof. The Ld AR stated at the bar that

SHRIMATI RAVNEET KAUR GREWAL,MOHALI vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, JALANDHAR

In the result, the bunch of appeals of the assessee is allowed

ITA 50/ASR/2021[2009-10]Status: DisposedITAT Amritsar20 Jul 2021AY 2009-10

Bench: Sh. Laliet Kumar & Dr. M. L. Meenai.T.A. Nos. 48 To 53/Asr/2021 Assessment Years: 2007-08 To 2012-13

Section 143(3)Section 271Section 271(1)(c)Section 274Section 4

section 4 I.T.A. Nos. 48 to 53/Asr/2021 271(1)(c), the mere defect in a notice that not striking of irrelevant matter would vitiate penalty proceedings. 6. The ld. DR placed reliance on the impugned orders. 7. Heard both the sides and perused the rival contention and material on record referred thereof. The Ld AR stated at the bar that

SHRIMATI RAVNEET KAUR GREWAL,MOHALI vs. DEPUTY COMMISSIONER OF INCOME TAXCENTRAL CIRCLE-1, JALANDHAR

In the result, the bunch of appeals of the assessee is allowed

ITA 48/ASR/2021[2007-08]Status: DisposedITAT Amritsar20 Jul 2021AY 2007-08

Bench: Sh. Laliet Kumar & Dr. M. L. Meenai.T.A. Nos. 48 To 53/Asr/2021 Assessment Years: 2007-08 To 2012-13

Section 143(3)Section 271Section 271(1)(c)Section 274Section 4

section 4 I.T.A. Nos. 48 to 53/Asr/2021 271(1)(c), the mere defect in a notice that not striking of irrelevant matter would vitiate penalty proceedings. 6. The ld. DR placed reliance on the impugned orders. 7. Heard both the sides and perused the rival contention and material on record referred thereof. The Ld AR stated at the bar that

SHRIMATI RAVNEET KAUR GREWAL,MOHALI vs. DEPUTY COMMIOSSIONER OF INCOME TAX CENTRAL CIRCLE-1, JALANDHAR

In the result, the bunch of appeals of the assessee is allowed

ITA 53/ASR/2021[2012-13]Status: DisposedITAT Amritsar20 Jul 2021AY 2012-13

Bench: Sh. Laliet Kumar & Dr. M. L. Meenai.T.A. Nos. 48 To 53/Asr/2021 Assessment Years: 2007-08 To 2012-13

Section 143(3)Section 271Section 271(1)(c)Section 274Section 4

section 4 I.T.A. Nos. 48 to 53/Asr/2021 271(1)(c), the mere defect in a notice that not striking of irrelevant matter would vitiate penalty proceedings. 6. The ld. DR placed reliance on the impugned orders. 7. Heard both the sides and perused the rival contention and material on record referred thereof. The Ld AR stated at the bar that

SHRIMATI RAVNEET KAUR GREWAL,MOHALI vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, JALANDHAR

In the result, the bunch of appeals of the assessee is allowed

ITA 51/ASR/2021[2011-12]Status: DisposedITAT Amritsar20 Jul 2021AY 2011-12

Bench: Sh. Laliet Kumar & Dr. M. L. Meenai.T.A. Nos. 48 To 53/Asr/2021 Assessment Years: 2007-08 To 2012-13

Section 143(3)Section 271Section 271(1)(c)Section 274Section 4

section 4 I.T.A. Nos. 48 to 53/Asr/2021 271(1)(c), the mere defect in a notice that not striking of irrelevant matter would vitiate penalty proceedings. 6. The ld. DR placed reliance on the impugned orders. 7. Heard both the sides and perused the rival contention and material on record referred thereof. The Ld AR stated at the bar that

SHRIMATI RAVNEET KAUR GREWAL,MOHALI vs. DEPUTY COMMISSIONER OF INCME TAX CENTRAL CIRCLE-1, JALANDHAR

In the result, the bunch of appeals of the assessee is allowed

ITA 52/ASR/2021[2011-12]Status: DisposedITAT Amritsar20 Jul 2021AY 2011-12

Bench: Sh. Laliet Kumar & Dr. M. L. Meenai.T.A. Nos. 48 To 53/Asr/2021 Assessment Years: 2007-08 To 2012-13

Section 143(3)Section 271Section 271(1)(c)Section 274Section 4

section 4 I.T.A. Nos. 48 to 53/Asr/2021 271(1)(c), the mere defect in a notice that not striking of irrelevant matter would vitiate penalty proceedings. 6. The ld. DR placed reliance on the impugned orders. 7. Heard both the sides and perused the rival contention and material on record referred thereof. The Ld AR stated at the bar that

THE BARAMULLA CENTRAL COPERATIVE BANK LTD,KASHMIR vs. THE DY. COMMISSIONER OF INCOME TAX, SRINAGAR

In the result, the appeal of the assessee stands allowed

ITA 359/ASR/2016[2007-08]Status: DisposedITAT Amritsar19 Dec 2019AY 2007-08

Bench: Sh. N. K. Choudhry & Sh. O. P. Meena

For Appellant: Sh. Padam Bahl (C.A.)For Respondent: Sh. Charan Dass (D.R.)
Section 143(3)Section 271(1)(c)Section 36

section 271(1)(c) of the IT Act, 1961. We are therefore of the considered view that the penalty is not sustainable in view of decision of the Hon’ble Supreme Court in case of CIT v Reliance Petroproducts Pvt. Ltd. (322 ITR 158) (SC) held that merely because the assessee has claimed the expenditure, which claim was not accepted