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138 results for “penalty u/s 271”+ Section 36(1)clear

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Key Topics

Section 14863Addition to Income51Section 271(1)(c)47Section 27146Penalty43Section 26342Section 14740Section 153A39Section 271A

THE KANGRA CENTRAL COOPERATIVE BANK LIMITED,DHARAMSHALA vs. DEPUTY COMMISSIONER OF INCOME TAX, PALAMPUR

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

ITA 804/CHANDI/2023[2012-13]Status: DisposedITAT Chandigarh28 Jan 2025AY 2012-13

Bench: SHRI. RAJPAL YADAV (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Ashwani Kumar, C.AFor Respondent: Dr. Ranjit Kaur, Addl. CIT, Sr. DR
Section 143(3)Section 250Section 271(1)(c)Section 274Section 36(1)(viia)

u/s 250 of the Act by the Ld. Commissioner of Income-Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi is against law and facts on the file in as much as he was not justified to uphold the action of the Ld. Assessing Officer in levying a penalty of Rs. 66,38,400/- without specifying the limb of Section 271

Showing 1–20 of 138 · Page 1 of 7

38
Section 142(1)32
Disallowance17
Reopening of Assessment11

DCIT, CHANDIGARH vs. SH. PARAMJIT SINGH, MOHALI

ITA 50/CHANDI/2017[2011-12]Status: DisposedITAT Chandigarh20 Mar 2019AY 2011-12

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

Section 139(1)Section 271(1)(c)

section 271(1)(c) of the Act. The assesses, themselves, declared income in question and paid the due taxes. There was no difference between the offered income and the taxed income. The Hon'ble Calcutta High Court in the case of ‘Commissioner of Income Tax Kolkata-II Vs. Palani Investment & Industries Corporation Ltd.’, (2016) 67 taxman.com 60 has held that

DCIT, CHANDIGARH vs. SH. PARAMJIT SINGH, MOHALI

ITA 48/CHANDI/2017[2008-09]Status: DisposedITAT Chandigarh20 Mar 2019AY 2008-09

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

Section 139(1)Section 271(1)(c)

section 271(1)(c) of the Act. The assesses, themselves, declared income in question and paid the due taxes. There was no difference between the offered income and the taxed income. The Hon'ble Calcutta High Court in the case of ‘Commissioner of Income Tax Kolkata-II Vs. Palani Investment & Industries Corporation Ltd.’, (2016) 67 taxman.com 60 has held that

DCIT, CHANDIGARH vs. SH. KULWANT SINGH, MOHALI

ITA 44/CHANDI/2017[2012-13]Status: DisposedITAT Chandigarh20 Mar 2019AY 2012-13

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

Section 139(1)Section 271(1)(c)

section 271(1)(c) of the Act. The assesses, themselves, declared income in question and paid the due taxes. There was no difference between the offered income and the taxed income. The Hon'ble Calcutta High Court in the case of ‘Commissioner of Income Tax Kolkata-II Vs. Palani Investment & Industries Corporation Ltd.’, (2016) 67 taxman.com 60 has held that

DCIT, CHANDIGARH vs. SMT. JASWANT KAUR, MOHALI

ITA 51/CHANDI/2017[2007-08]Status: DisposedITAT Chandigarh20 Mar 2019AY 2007-08

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

Section 139(1)Section 271(1)(c)

section 271(1)(c) of the Act. The assesses, themselves, declared income in question and paid the due taxes. There was no difference between the offered income and the taxed income. The Hon'ble Calcutta High Court in the case of ‘Commissioner of Income Tax Kolkata-II Vs. Palani Investment & Industries Corporation Ltd.’, (2016) 67 taxman.com 60 has held that

DCIT, CHANDIGARH vs. SMT. JASWANT KAUR, MOHALI

ITA 54/CHANDI/2017[2011-12]Status: DisposedITAT Chandigarh20 Mar 2019AY 2011-12

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

Section 139(1)Section 271(1)(c)

section 271(1)(c) of the Act. The assesses, themselves, declared income in question and paid the due taxes. There was no difference between the offered income and the taxed income. The Hon'ble Calcutta High Court in the case of ‘Commissioner of Income Tax Kolkata-II Vs. Palani Investment & Industries Corporation Ltd.’, (2016) 67 taxman.com 60 has held that

DCIT, CHANDIGARH vs. SH. KULWANT SINGH, MOHALI

ITA 387/CHANDI/2017[2011-12]Status: DisposedITAT Chandigarh20 Mar 2019AY 2011-12

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

Section 139(1)Section 271(1)(c)

section 271(1)(c) of the Act. The assesses, themselves, declared income in question and paid the due taxes. There was no difference between the offered income and the taxed income. The Hon'ble Calcutta High Court in the case of ‘Commissioner of Income Tax Kolkata-II Vs. Palani Investment & Industries Corporation Ltd.’, (2016) 67 taxman.com 60 has held that

DCIT, CHANDIGARH vs. SMT. MANJIT KAUR, CHANDIGARH

ITA 45/CHANDI/2017[2008-09]Status: DisposedITAT Chandigarh20 Mar 2019AY 2008-09

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumar

Section 139(1)Section 271(1)(c)

section 271(1)(c) of the Act. The assesses, themselves, declared income in question and paid the due taxes. There was no difference between the offered income and the taxed income. The Hon'ble Calcutta High Court in the case of ‘Commissioner of Income Tax Kolkata-II Vs. Palani Investment & Industries Corporation Ltd.’, (2016) 67 taxman.com 60 has held that

HYCRON ELECTRONICS vs. DY.COMMISSIONER OF INCOME TAX,

Appeal of the Revenue is dismissed and appeal of the assessee is allowed

ITA 1217/CHANDI/2016[2010-11]Status: DisposedITAT Chandigarh06 Mar 2018AY 2010-11

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

For Appellant: NoneFor Respondent: Dr. Gulshan Raj
Section 14ASection 250(6)Section 271Section 271(1)Section 271(1)(c)Section 80Section 80I

271(1)(c) were also initiated w.r.t. all the above referred restriction in deduction claimed and disallowances made. The issues on which penalty levied is as under:- Amount of addition on which penalty Issues where penalty proceedings proceedings initiated initiated 8m A.Y. claim of deduction u/s 80IC Rs.7,36,16,042/- Other income Rs.21,84,505/- U/s 14A Rs.5

DCIT, PARWANOO vs. M/S HYCRON ELECTRONICS, SOLAN

Appeal of the Revenue is dismissed and appeal of the assessee is allowed

ITA 1195/CHANDI/2016[2011-12]Status: DisposedITAT Chandigarh06 Mar 2018AY 2011-12

Bench: Smt. Diva Singh & Dr. B.R.R. Kumar

For Appellant: NoneFor Respondent: Dr. Gulshan Raj
Section 14ASection 250(6)Section 271Section 271(1)Section 271(1)(c)Section 80Section 80I

271(1)(c) were also initiated w.r.t. all the above referred restriction in deduction claimed and disallowances made. The issues on which penalty levied is as under:- Amount of addition on which penalty Issues where penalty proceedings proceedings initiated initiated 8m A.Y. claim of deduction u/s 80IC Rs.7,36,16,042/- Other income Rs.21,84,505/- U/s 14A Rs.5

THE KANGRA CENTRAL COOPERATIVE BANK LIMITED,DHARAMSHALA vs. DEPUTY COMMISSIONER OF INCOME TAX, PALAMPUR

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

ITA 805/CHANDI/2023[2013-14]Status: DisposedITAT Chandigarh28 Jan 2025AY 2013-14
For Respondent: \nShri Ashwani Kumar, C.A
Section 143(3)Section 250Section 271(1)(c)Section 274Section 36(1)(viia)

u/s 250 of the Act by the Ld.\nCommissioner of Income-Tax (Appeals), National Faceless Appeal Centre (NFA),\nDelhi is against law and facts on the file in as much as he was not justified to\nuphold the action of the Ld. Assessing Officer in levying a penalty of Rs.\n66,38,400/- without specifying the limb of Section 271

ANJALI SAINI,ZIRAKPUR vs. ITO-WARD-5(5), CHANDIGARH

The appeal of the assesse is allowed for statistical purposes

ITA 620/CHANDI/2023[2012-13]Status: DisposedITAT Chandigarh28 May 2024AY 2012-13

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

For Appellant: NoneFor Respondent: Smt. Amanpreet Kaur, Sr. DR
Section 142(1)Section 147Section 148Section 250(6)Section 253Section 271Section 271(1)(b)

36 which are reproduced below: 1. That the authorities below are not justified in not providing the proper opportunity of hearing which is against the natural justice and the order passed by the Ld. AO be quashed. 2. That the Ld. CIT(A) is not justified in confirming the penalty u/s 271(1)(b) in the absence of service

M/S PIONEER PESTICIDES PVT. LTD.,CHANDIGARH vs. DCIT, C-1(1), CHANDIGARH

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

ITA 1553/CHANDI/2017[2013-14]Status: DisposedITAT Chandigarh07 Jun 2018AY 2013-14

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumarassessment Year : 2013-14 M/S Pioneer Pesticides Pvt. Ltd., Vs. The Dcit, Sco 82-83, Sector 8-C, Circle 1(1), Chandigarh Chandigarh

For Appellant: Sh. Tej Mohan Singh, AdvocateFor Respondent: Sh. Manjit Singh, Sr.DR
Section 271(1)(c)Section 36Section 36(1)(iii)

section 36(1)(iii) of the Act. Penalty proceedings were initiated u/s 271(1)(c) of the Act for concealing

M/S HAPPY STEEL PRIVATE LTD.,LUDHIANA vs. DCIT CC-2, LUDHIANA

In the result, the appeal of the Assessee is allowed

ITA 397/CHANDI/2023[2016-17]Status: DisposedITAT Chandigarh13 May 2024AY 2016-17

Bench: Shri A.D. Jain & Dr Krinwant Sahayआयकर अपील सं./ Ita No. 397/Chd/2023 "नधा"रण वष" / Assessment Year : 2016-17 M/S Happy Steels Private Limited, Vs. The Dcit, बनाम B-Xxix, 2254, Central Circle-2, Kanganwal Road, Ludhiana P.O. Jugiana, Ludhiana 141120 "थायी लेखा सं./Pan No: Aaach6019D अपीलाथ" ./ Appellant ""यथ" / Respondent

For Appellant: Sh. Ashwani Kumar &For Respondent: Smt. Amanpreet Kaur, Sr.DR
Section 132Section 250(6)Section 271Section 271(1)(c)

penalty u/s Section 271 (1) (c). 3. Brief facts of the case are that the Assessee company is engaged in the business of manufacturing of Auto parts. A search operation u/s 132 of the Act was conducted at the premises of the Assessee company on 27.8.2015. During the search operation, physical verification of stock was done by the Department

M/S SEL TEXTILES LIMITED,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, theappeal of the assessee stands partly allowed

ITA 695/CHANDI/2018[2014-15]Status: DisposedITAT Chandigarh18 Apr 2019AY 2014-15

Bench: Shri Sanjay Garg & Ms. Annapurna Guptaआयकरअपीलसं./Ita No.695/Chd/2018 धििागरणवर्ग / Assessment Year :2014-15 बिाम M/S Sel Textiles Limited, The Dcit, 273-74,G.T. Road, Central Circle-Iii, Dhandari Kalan, Ludhiana Ludhiana स्थायीलेखासं./Pan No: Aancs0401M अपीलाथी/Appellant प्रत्यथी/Respondent धििागररतीकीओरसे/Assessee By : Shri Ashwani Kumar, Ca राजस्वकीओरसे/ Revenue By : Sh. Ram Mohan, Cit Dr सुिवाईकीतारीख/Date Of Hearing : 28.01.2019 उदघोर्णाकीतारीख/Date Of Pronouncement : 18.04.2019 आदेश/Order Per Sanjay Garg:

For Appellant: Shri Ashwani Kumar, CAFor Respondent: Sh. Ram Mohan, CIT DR
Section 132Section 132(4)Section 250(6)Section 271Section 271A

271(1)(c), Section 271AAA & Section 271AAB, the Legislature has restricted the scope of penal provision only to “undisclosed income” and not assessed total income. Moreover the “undisclosed income” term/expression has been defined by the Legislature in all such penal provisions in a specific and restricted manner and not in an inclusive manner. For that reason the definition of undisclosed

SMT. SHWETA JAIN,LUDHIANA vs. DCIT, CC-1, LUDHIANA

In the result, all the above appeals of different assessees are partly allowed for statistical purposes

ITA 919/CHANDI/2018[2016-17]Status: DisposedITAT Chandigarh23 Aug 2019AY 2016-17
For Appellant: Shri Ashwani Kumar, CAFor Respondent: Shri Manjit Singh, CIT DR
Section 250(6)Section 271ASection 274

271(1)(c), Section 271AAA & Section 271AAB, the Legislature has restricted the scope of penal provision only to “undisclosed income” and not assessed total income. Moreover the term/expression “undisclosed income” has been defined by the Legislature in all such penal provisions in a specific and restricted manner and not in an inclusive manner. For that reason the definition of undisclosed

M/S MAHARAJA LIGHT & TENT SERVICES,LUDHIANA vs. DCIT, CC-1, LUDHIANA

In the result, all the above appeals of different assessees are partly allowed for statistical purposes

ITA 915/CHANDI/2018[2016-17]Status: DisposedITAT Chandigarh23 Aug 2019AY 2016-17
For Appellant: Shri Ashwani Kumar, CAFor Respondent: Shri Manjit Singh, CIT DR
Section 250(6)Section 271ASection 274

271(1)(c), Section 271AAA & Section 271AAB, the Legislature has restricted the scope of penal provision only to “undisclosed income” and not assessed total income. Moreover the term/expression “undisclosed income” has been defined by the Legislature in all such penal provisions in a specific and restricted manner and not in an inclusive manner. For that reason the definition of undisclosed

SMT. VANI JAIN,LUDHIANA vs. DCIT, CC-1, LUDHIANA

In the result, all the above appeals of different assessees are partly allowed for statistical purposes

ITA 917/CHANDI/2018[2016-17]Status: DisposedITAT Chandigarh23 Aug 2019AY 2016-17
For Appellant: Shri Ashwani Kumar, CAFor Respondent: Shri Manjit Singh, CIT DR
Section 250(6)Section 271ASection 274

271(1)(c), Section 271AAA & Section 271AAB, the Legislature has restricted the scope of penal provision only to “undisclosed income” and not assessed total income. Moreover the term/expression “undisclosed income” has been defined by the Legislature in all such penal provisions in a specific and restricted manner and not in an inclusive manner. For that reason the definition of undisclosed

AKM RESORTS,MOHALI vs. ACIT CIRCLE 5(1), CHANDIGARH

Appeal of the assessee is allowed

ITA 42/CHANDI/2024[2016-17]Status: DisposedITAT Chandigarh13 Feb 2025AY 2016-17

Bench: This Tribunal. The Assessee

For Appellant: Shri Rohit Kapoor, CA &For Respondent: Shri Vivek Vardhan, JCIT, Sr.DR
Section 143(3)Section 250Section 253Section 271Section 271(1)(c)Section 274

u/s 271(1)(c) of the Income Tax Act, 1961 and that he has no explanation to offer. 2.5 The ld. AO keeping in view that the assessee has not filed any reply was left with no other option but to decide the issue of penalty on merits on the basis of material available on record. ITA 42/CHD/2024

M/S HAPPY STEEL PRIVATE LTD.,LUDHIANA vs. DCIT CC-2, LUDHIANA

In the result, the appeal is allowed

ITA 398/CHANDI/2023[2016-17]Status: DisposedITAT Chandigarh05 Jun 2024AY 2016-17

Bench: Shri A.D. Jain & Shri Krinwant Sahay

For Appellant: Shri Ashwani Kumar, CAFor Respondent: Smt. Amanpreet Kaur, Sr.DR
Section 132Section 132(4)Section 143(3)Section 250(6)Section 271Section 271A

36,822/-. 5. Vide the penalty order dated 30.03.2022, penalty of Rs.2.50 lacs was imposed on the assessee u/s 271AAB(1) of the Act. 6. By virtue of the impugned order, the ld. CIT(A) confirmed the penalty. 7. Before us, the ld. Counsel for the assessee contended that the surrender made was general and was not with respect