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193 results for “penalty u/s 271”+ Section 92(3)clear

Sorted by relevance

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Key Topics

Addition to Income69Section 271(1)(c)53Section 143(3)42Section 14840Section 153C39Disallowance36Penalty35Section 133A32Section 274

SIMPLEX TMC PVT LTD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(1),BENGALURU, BENGALURU

In the result, the appeal of the assessee is allowed

ITA 736/BANG/2023[2018-19]Status: DisposedITAT Bangalore01 Dec 2023AY 2018-19

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2018-19

For Appellant: Shri Rakesh Joshi, A.RFor Respondent: Shri Subramanian S., D.R
Section 131Section 132Section 132(4)Section 143(3)Section 271ASection 274

3) of Section 271AAB, the provisions of section 274 and section 275 as far as maybe applied in relation to penalty under this section which means that before levying the penalty, the Assessing officer has to issue a show cause granting an opportunity to the assessee. Thus, the levy of penalty is not automatic but the Assessing officer

Showing 1–20 of 193 · Page 1 of 10

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30
Transfer Pricing30
Section 20127
Deduction26

SHRI. K. RAMASWAMY,MYSORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE--2(1),, MYSORE

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

ITA 1868/BANG/2018[2012-13]Status: DisposedITAT Bangalore12 Feb 2020AY 2012-13

Bench: Shri N.V. Vasudevan & Shri A.K.Garodia

For Appellant: Shri Tatakrishna, AdvocateFor Respondent: Shri Manjeeth Singh, Addl.CIT(DR)(ITAT), Bengaluru
Section 133ASection 148Section 271(1)Section 271(1)(c)Section 274

271(1)(c) of the Act by the AO. The order of AO was confirmed by the CIT(Appeals). 3. Aggrieved by the orders of the CIT(A), the Assessee is in appeal before the Tribunal. In the appeal or AY 2007-08 in ground No.7, and for AY 2010-11 & 2011-12 in ground No.9, the Assessee has raised

R.AJITH ,MYSORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(1), MYSORE

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

ITA 966/BANG/2018[2007-08]Status: DisposedITAT Bangalore12 Feb 2020AY 2007-08

Bench: Shri N.V. Vasudevan & Shri A.K.Garodia

For Appellant: Shri Tatakrishna, AdvocateFor Respondent: Shri Manjeeth Singh, Addl.CIT(DR)(ITAT), Bengaluru
Section 133ASection 148Section 271(1)Section 271(1)(c)Section 274

271(1)(c) of the Act by the AO. The order of AO was confirmed by the CIT(Appeals). 3. Aggrieved by the orders of the CIT(A), the Assessee is in appeal before the Tribunal. In the appeal or AY 2007-08 in ground No.7, and for AY 2010-11 & 2011-12 in ground No.9, the Assessee has raised

K.RAMASWAMY ,MYSORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(1), MYSORE

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

ITA 959/BANG/2018[2009-10]Status: DisposedITAT Bangalore12 Feb 2020AY 2009-10

Bench: Shri N.V. Vasudevan & Shri A.K.Garodia

For Appellant: Shri Tatakrishna, AdvocateFor Respondent: Shri Manjeeth Singh, Addl.CIT(DR)(ITAT), Bengaluru
Section 133ASection 148Section 271(1)Section 271(1)(c)Section 274

271(1)(c) of the Act by the AO. The order of AO was confirmed by the CIT(Appeals). 3. Aggrieved by the orders of the CIT(A), the Assessee is in appeal before the Tribunal. In the appeal or AY 2007-08 in ground No.7, and for AY 2010-11 & 2011-12 in ground No.9, the Assessee has raised

SHRI. AJITH R,MYSORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1),, MYSORE

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

ITA 1869/BANG/2018[2010-11]Status: DisposedITAT Bangalore12 Feb 2020AY 2010-11

Bench: Shri N.V. Vasudevan & Shri A.K.Garodia

For Appellant: Shri Tatakrishna, AdvocateFor Respondent: Shri Manjeeth Singh, Addl.CIT(DR)(ITAT), Bengaluru
Section 133ASection 148Section 271(1)Section 271(1)(c)Section 274

271(1)(c) of the Act by the AO. The order of AO was confirmed by the CIT(Appeals). 3. Aggrieved by the orders of the CIT(A), the Assessee is in appeal before the Tribunal. In the appeal or AY 2007-08 in ground No.7, and for AY 2010-11 & 2011-12 in ground No.9, the Assessee has raised

SHRI. K. RAMASWAMY,MYSORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1),, MYSORE

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

ITA 1866/BANG/2018[2008-09]Status: DisposedITAT Bangalore12 Feb 2020AY 2008-09

Bench: Shri N.V. Vasudevan & Shri A.K.Garodia

For Appellant: Shri Tatakrishna, AdvocateFor Respondent: Shri Manjeeth Singh, Addl.CIT(DR)(ITAT), Bengaluru
Section 133ASection 148Section 271(1)Section 271(1)(c)Section 274

271(1)(c) of the Act by the AO. The order of AO was confirmed by the CIT(Appeals). 3. Aggrieved by the orders of the CIT(A), the Assessee is in appeal before the Tribunal. In the appeal or AY 2007-08 in ground No.7, and for AY 2010-11 & 2011-12 in ground No.9, the Assessee has raised

SHRI. AJITH R,,MYSORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1),, MYSORE

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

ITA 1870/BANG/2018[2011-12]Status: DisposedITAT Bangalore12 Feb 2020AY 2011-12

Bench: Shri N.V. Vasudevan & Shri A.K.Garodia

For Appellant: Shri Tatakrishna, AdvocateFor Respondent: Shri Manjeeth Singh, Addl.CIT(DR)(ITAT), Bengaluru
Section 133ASection 148Section 271(1)Section 271(1)(c)Section 274

271(1)(c) of the Act by the AO. The order of AO was confirmed by the CIT(Appeals). 3. Aggrieved by the orders of the CIT(A), the Assessee is in appeal before the Tribunal. In the appeal or AY 2007-08 in ground No.7, and for AY 2010-11 & 2011-12 in ground No.9, the Assessee has raised

K RAMASWAMY ,MYSORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-2(1), MYSORE

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

ITA 2527/BANG/2018[2011-12]Status: DisposedITAT Bangalore12 Feb 2020AY 2011-12

Bench: Shri N.V. Vasudevan & Shri A.K.Garodia

For Appellant: Shri Tatakrishna, AdvocateFor Respondent: Shri Manjeeth Singh, Addl.CIT(DR)(ITAT), Bengaluru
Section 133ASection 148Section 271(1)Section 271(1)(c)Section 274

271(1)(c) of the Act by the AO. The order of AO was confirmed by the CIT(Appeals). 3. Aggrieved by the orders of the CIT(A), the Assessee is in appeal before the Tribunal. In the appeal or AY 2007-08 in ground No.7, and for AY 2010-11 & 2011-12 in ground No.9, the Assessee has raised

SHRI. K. RAMASWAMY,,MYSORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1),, MYSORE

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

ITA 1867/BANG/2018[2010-11]Status: DisposedITAT Bangalore12 Feb 2020AY 2010-11

Bench: Shri N.V. Vasudevan & Shri A.K.Garodia

For Appellant: Shri Tatakrishna, AdvocateFor Respondent: Shri Manjeeth Singh, Addl.CIT(DR)(ITAT), Bengaluru
Section 133ASection 148Section 271(1)Section 271(1)(c)Section 274

271(1)(c) of the Act by the AO. The order of AO was confirmed by the CIT(Appeals). 3. Aggrieved by the orders of the CIT(A), the Assessee is in appeal before the Tribunal. In the appeal or AY 2007-08 in ground No.7, and for AY 2010-11 & 2011-12 in ground No.9, the Assessee has raised

SRI DEEPAK S HIREMATH ,HUBBALLI vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(1), HUBBALLI

In the result, the assessee’s appeals for Assessment Years 2008-09 to 2012-13 are allowed

ITA 1268/BANG/2018[2008-09]Status: DisposedITAT Bangalore04 Jun 2019AY 2008-09

Bench: Shri N. V. Vasudevan & Shri Jason P. Boaz

For Appellant: Ms. Preeti Patel, AdvocateFor Respondent: Shri. Ramesh Kumar, JCIT
Section 132Section 143(3)Section 153ASection 271(1)(c)

3. Before us, the learned Counsel for the assessee, urging ground No.4 in the appeals for Assessment Years 2008-09 to 2012-13, contended that the notices dated 29.02.2016 issued by the AO for initiation of penalty proceedings were not in accordance with law and on this ground alone the order imposing penalty should be quashed. The learned Counsel

SRI DEEPAK S HIREMATH, HUBBALI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(1), HUBBALI

In the result, the assessee’s appeals for Assessment Years 2008-09 to 2012-13 are allowed

ITA 1269/BANG/2018[2009-10]Status: DisposedITAT Bangalore04 Jun 2019AY 2009-10

Bench: Shri N. V. Vasudevan & Shri Jason P. Boaz

For Appellant: Ms. Preeti Patel, AdvocateFor Respondent: Shri. Ramesh Kumar, JCIT
Section 132Section 143(3)Section 153ASection 271(1)(c)

3. Before us, the learned Counsel for the assessee, urging ground No.4 in the appeals for Assessment Years 2008-09 to 2012-13, contended that the notices dated 29.02.2016 issued by the AO for initiation of penalty proceedings were not in accordance with law and on this ground alone the order imposing penalty should be quashed. The learned Counsel

SRI DEEPAK S HIREMATH ,HUBBALI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(1), HUBBLI

In the result, the assessee’s appeals for Assessment Years 2008-09 to 2012-13 are allowed

ITA 1272/BANG/2018[2012-13]Status: DisposedITAT Bangalore04 Jun 2019AY 2012-13

Bench: Shri N. V. Vasudevan & Shri Jason P. Boaz

For Appellant: Ms. Preeti Patel, AdvocateFor Respondent: Shri. Ramesh Kumar, JCIT
Section 132Section 143(3)Section 153ASection 271(1)(c)

3. Before us, the learned Counsel for the assessee, urging ground No.4 in the appeals for Assessment Years 2008-09 to 2012-13, contended that the notices dated 29.02.2016 issued by the AO for initiation of penalty proceedings were not in accordance with law and on this ground alone the order imposing penalty should be quashed. The learned Counsel

SRI DEEPAK S HIREMATH ,HUBALI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(1), HUBLI

In the result, the assessee’s appeals for Assessment Years 2008-09 to 2012-13 are allowed

ITA 1271/BANG/2018[2011-12]Status: DisposedITAT Bangalore04 Jun 2019AY 2011-12

Bench: Shri N. V. Vasudevan & Shri Jason P. Boaz

For Appellant: Ms. Preeti Patel, AdvocateFor Respondent: Shri. Ramesh Kumar, JCIT
Section 132Section 143(3)Section 153ASection 271(1)(c)

3. Before us, the learned Counsel for the assessee, urging ground No.4 in the appeals for Assessment Years 2008-09 to 2012-13, contended that the notices dated 29.02.2016 issued by the AO for initiation of penalty proceedings were not in accordance with law and on this ground alone the order imposing penalty should be quashed. The learned Counsel

SRI DEEPAK S HIREMATH, HUBBALI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(1), HUBBALI

In the result, the assessee’s appeals for Assessment Years 2008-09 to 2012-13 are allowed

ITA 1270/BANG/2018[2010-11]Status: DisposedITAT Bangalore04 Jun 2019AY 2010-11

Bench: Shri N. V. Vasudevan & Shri Jason P. Boaz

For Appellant: Ms. Preeti Patel, AdvocateFor Respondent: Shri. Ramesh Kumar, JCIT
Section 132Section 143(3)Section 153ASection 271(1)(c)

3. Before us, the learned Counsel for the assessee, urging ground No.4 in the appeals for Assessment Years 2008-09 to 2012-13, contended that the notices dated 29.02.2016 issued by the AO for initiation of penalty proceedings were not in accordance with law and on this ground alone the order imposing penalty should be quashed. The learned Counsel

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6(1)(1), BANGALORE vs. SANTOSH SHIVAJI LAD, BANGALORE

In the result, the appeal of the Revenue is hereby dismissed

ITA 1522/BANG/2024[2013-14]Status: DisposedITAT Bangalore14 Jul 2025AY 2013-14

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2013-14

For Appellant: Shri V Srinivasan, AdvocateFor Respondent: Shri Murali Mohan M, CIT (DR)
Section 271(1)(c)Section 274Section 36(1)(vii)Section 36(2)Section 57

92 (P&H) .CIT Vs Ample Properties Ltd [2012] 20 taxmann.com 422 (Mad) 7.15. The AO in his penalty order has held that assessee has not attempted to establish his bonafides nor submitted any explanation before the AO during the penalty proceedings and thus has failed to discharge the onus laid down upon him in terms of explanation

M/S SAMANTHU BUSINESS FORMS PVT LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), BANGALORE

In the result, the assessee’s appeal for Assessment Year 2012-13 is allowed and the assessee’s Stay Petition is dismissed

ITA 847/BANG/2019[2012-13]Status: DisposedITAT Bangalore04 Sept 2019AY 2012-13

Bench: Shri N. V. Vasudevan & Shri Jason P. Boazsp No.201/Bang/2019 Assessment Year : 2012-13 M/S. Samanthu Business Forms Pvt. Ltd., Vs. Deputy Commissioner Of 37/3, Basavanapura Main Road, Income-Tax, Bhattarahalli, Beedarahalli, Central Circle 2(2), Bangalore – 560 049. Bangalore. Pan : Aabcs 9498 Q Appellant Respondent

For Appellant: Shri. Siddesh Gaddi, CAFor Respondent: Shri. Vikas Suryavamshi, Addl. CIT(DR)(ITAT), Bengaluru
Section 133ASection 143(3)Section 250(6)Section 271(1)(c)Section 274

3 of 13 The Learned CIT(A) has erred in upholding order levying 4. penalty failing to notice that it is bad in law as it is based on notice dated 24.06.2015 which is vague, issued without application of mind and without specifying the exact conduct contumacious; The Learned CIT(A) has erred in law in not appreciating that

M/S GOGGA GURUSHANTHIAH & BROS.,HOSPET vs. ACIT, BELLARY

In the result, the assessee’s appeal for Assessment Year 2007-08 is allowed

ITA 502/BANG/2014[2007-08]Status: DisposedITAT Bangalore21 Aug 2019AY 2007-08

Bench: Shri N. V. Vasudevan & Shri Jason P. Boazassessment Years : 2007-08 M/S. Gogga Gurushantiah Vs. Assistant Commissioner Of & Brothers, Income-Tax, P. No. 4, Mine Owners & Circle – I, Mineral Grinders Nehru Co-Op Bellary. Colony, Hospet. Pan : Aacfg 6895 M Appellant Respondent

For Appellant: Shri. H. Siva Prasad Reddy - ITPFor Respondent: Shri. R. N. Siddappaji, Addl. CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 271(1)Section 271(1)(c)Section 274

U/s 271(1)( c). 3. The learned Commissioner of Income-tax (Appeals) is not justified in holding that for Penalty is for statutory offence and hence the officer has not discretion in the matter of imposition of penalty. 4. The learned Commissioner of Income-tax (Appeals) ought to have distinguished the submission submitted during the course of hearing of appeal

M/S DEASI & COMPANY,HUBLI vs. DCIT, HUBLI

In the result, the assessee’s appeals for Assessment Year 2006-07 is allowed

ITA 997/BANG/2016[2006-07]Status: DisposedITAT Bangalore04 Jun 2019AY 2006-07

Bench: Shri N. V. Vasudevan & Shri Jason P. Boazassessment Years : 2006-07 M/S. Desai & Company, Vs. Deputy Commissioner Of Pb Road, Income-Tax, Vidyanagar, Circle 1(1), Hubli. Navanagar, Pan : Aaafd 9759 P Hubli . Appellant Respondent

For Appellant: Shri. Narendra Sharma, AdvocateFor Respondent: Shri. R. N. Siddappaji, Addl. CIT
Section 143(3)Section 271(1)(c)

3 of 14 Page 4 of 14 4. Ground No.2 : In this ground (supra) raised before the Tribunal, the learned Counsel for the assessee contended that the CIT(A) failed to follow the binding decision of Hon’ble Karnataka High Court in the case of Manjunatha Cotton & Ginning Factory 359 ITR 565 (Kar); and since the notice issued under section

M/S RAJESH ENTERPRISES ,HUBLI vs. INCOME TAX OFFICER WARD-3(3), HUBLI

In the result, the assessee’s appeals for Assessment Year 2006-07 is allowed

ITA 16/BANG/2019[2008-09]Status: DisposedITAT Bangalore02 Aug 2019AY 2008-09

Bench: Shri N. V. Vasudevan & Shri Jason P. Boazassessment Years : 2008-09 M/S. Rajesh Enterprises, Vs. Income-Tax Officer, Narmada Building, Ward - 3(3), Mangalwar Peth, Hubli . Hubli – 580 020. Pan : Aadfr 4941 C Appellant Respondent

For Appellant: Shri. C. V. Ravishankar, AdvocateFor Respondent: Shri. Vikas Suryavamshi, Addl. CIT
Section 142(1)Section 144Section 271(1)(c)Section 274

3 of 15 Aggrieved by the order of CIT(A), Hubli, dated 25.10.2018, 3.1 partly upholding the AO’s action in levying penalty under section 271(1)(c) of the Act for Assessment Year 2008-09, the assessee has filed this appeal wherein it has raised the following grounds: Page 4 of 15 3.2.1 The assessee has also filed

SRI SRINIVASA EDUCATIONAL & CHARITABLE TRUST,BANGALORE vs. DCIT, CENTRAL CIRCLE-2(3), BANGALORE

ITA 939/BANG/2025[2020-21]Status: DisposedITAT Bangalore13 Nov 2025AY 2020-21
For Appellant: \nShri M.V Prasad, CA & Shri KS Rajendra KumarFor Respondent: \nShri Muthu Shankar, CIT &
Section 12ASection 143(3)Section 153ASection 153BSection 25Section 250Section 8

penalty initiation. These instructions do not\nshow non-application of mind; rather, they are an additional layer of\nverification meant to ensure correctness and completeness of the\nassessment. The learned DR emphasised that such directions are routine\nand reflect due diligence and not mechanical approval.\n\n18.4 The learned DR also clarified that the issuance of approval letters\nand assessment