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339 results for “penalty u/s 271”+ Section 9(1)clear

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Key Topics

Section 14880Section 271(1)(c)66Addition to Income66Penalty58Section 27154Section 14747Section 143(3)37Section 153A33Section 142(1)

M/S APEEJAY EDUCATION SOCIETY,JALANDHAR vs. DCIT, C-1 (EXEMPTIONS), CHANDIGARH

In the result, the appeal is allowed

ITA 706/CHANDI/2022[2012-13]Status: DisposedITAT Chandigarh01 May 2024AY 2012-13

Bench: SHRI A.D.JAIN (Vice President), SHRI VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Smt. Amanpreet Kaur, Sr.DR
Section 142(1)Section 143(2)Section 271(1)(b)

Section 271(1)(b). 4. That the learned Commissioner of Income Tax (A)fell into grave error by confirming the penalty of Rs. 10,000/-. 2. The Assessing Officer (in short ‘the AO’), while imposing penalty in question, vide order dated 15.10.2019, observed as follows : "Vide notice u/s 142(1) dated 30.08.2019 the assessee was asked to submit some information/documents

Showing 1–20 of 339 · Page 1 of 17

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28
Section 14425
Natural Justice14
Deduction14

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)

u/s 153A of the Act. That Explanation 1 to Section 271 was not applicable in the facts of the case. Further, that even explanation given by the assessee that the aforesaid additional income was earned by speculation in the sale / purchase of agricultural land had been duly mentioned in Rule 9 Report submitted before the Income Tax Settlement Commission

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)

u/s 153A of the Act. That Explanation 1 to Section 271 was not applicable in the facts of the case. Further, that even explanation given by the assessee that the aforesaid additional income was earned by speculation in the sale / purchase of agricultural land had been duly mentioned in Rule 9 Report submitted before the Income Tax Settlement Commission

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)

u/s 153A of the Act. That Explanation 1 to Section 271 was not applicable in the facts of the case. Further, that even explanation given by the assessee that the aforesaid additional income was earned by speculation in the sale / purchase of agricultural land had been duly mentioned in Rule 9 Report submitted before the Income Tax Settlement Commission

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)

u/s 153A of the Act. That Explanation 1 to Section 271 was not applicable in the facts of the case. Further, that even explanation given by the assessee that the aforesaid additional income was earned by speculation in the sale / purchase of agricultural land had been duly mentioned in Rule 9 Report submitted before the Income Tax Settlement Commission

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)

u/s 153A of the Act. That Explanation 1 to Section 271 was not applicable in the facts of the case. Further, that even explanation given by the assessee that the aforesaid additional income was earned by speculation in the sale / purchase of agricultural land had been duly mentioned in Rule 9 Report submitted before the Income Tax Settlement Commission

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)

u/s 153A of the Act. That Explanation 1 to Section 271 was not applicable in the facts of the case. Further, that even explanation given by the assessee that the aforesaid additional income was earned by speculation in the sale / purchase of agricultural land had been duly mentioned in Rule 9 Report submitted before the Income Tax Settlement Commission

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)

u/s 153A of the Act. That Explanation 1 to Section 271 was not applicable in the facts of the case. Further, that even explanation given by the assessee that the aforesaid additional income was earned by speculation in the sale / purchase of agricultural land had been duly mentioned in Rule 9 Report submitted before the Income Tax Settlement Commission

SH. CHETAN JAIN,LUDHIANA vs. DCIT, LUDHIANA

In the result, the appeal of the assessee is dismissed

ITA 256/CHANDI/2017[2010-11]Status: DisposedITAT Chandigarh04 Jul 2018AY 2010-11

Bench: Shri Sanjay Garg & Ms. Annapurna Guptash.Chetan Jain, Vs. The D.C.I.T., B-121, Pushap Vihar, Central Circle-Iii, Canal Road, Ludhiana. Ludhiana. Pan: Aaypj0618H (Appellant) (Respondent)

For Appellant: NoneFor Respondent: Smt.Chanderkanta, Addl. CIT
Section 132Section 132(4)Section 153ASection 271(1)Section 271(1)(c)

section 271 of the I.T.Act,1961., dated 29.11.2013 are invalid and bad in law. 2. On the facts and are the circumstances of the case and in law, the penalty order dated 30.05.2014 passed u/s 271(l)(c) is invalid and bad in law. The appellant hereby very humbly prays Your Honor to admit the additional grounds raised

SH. MUNISH JAIN,LUDHIANA vs. DCIT, LUDHIANA

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

ITA 255/CHANDI/2017[2011-12]Status: DisposedITAT Chandigarh19 Mar 2018AY 2011-12

Bench: Shri Sanjay Garg & Ms. Annapurna Gupta

For Appellant: Shri Rajiv Gupta, CAFor Respondent: Smt.Chanderkanta, Sr.DR
Section 132Section 153ASection 271Section 271(1)(c)Section 271ASection 274

1. On the facts and the circumstances of the case & in law, the penalty proceedings initiated vide notice u/s 274 read with section 271 of the I.T. Act,1961., dated 29.11.2013 are invalid and bad in law. 2. On the facts and are the circumstances of the case and in law, the penalty order dated 30.05.2014 passed u/s 271

SH. MUNISH JAIN,LUDHIANA vs. DCIT, LUDHIANA

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

ITA 254/CHANDI/2017[2010-11]Status: DisposedITAT Chandigarh19 Mar 2018AY 2010-11

Bench: Shri Sanjay Garg & Ms. Annapurna Gupta

For Appellant: Shri Rajiv Gupta, CAFor Respondent: Smt.Chanderkanta, Sr.DR
Section 132Section 153ASection 271Section 271(1)(c)Section 271ASection 274

1. On the facts and the circumstances of the case & in law, the penalty proceedings initiated vide notice u/s 274 read with section 271 of the I.T. Act,1961., dated 29.11.2013 are invalid and bad in law. 2. On the facts and are the circumstances of the case and in law, the penalty order dated 30.05.2014 passed u/s 271

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

9. The facts of the case, the order of the ld. CIT(A) under appeal and the arguments of the assessee on record and that of Ld. DR have been perused. The issue of levy of penalty u/s 271(1)(c) on the enhanced claim of deduction u/s 80IC on carrying out substantial expansion has been considered and decided

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

9. The facts of the case, the order of the ld. CIT(A) under appeal and the arguments of the assessee on record and that of Ld. DR have been perused. The issue of levy of penalty u/s 271(1)(c) on the enhanced claim of deduction u/s 80IC on carrying out substantial expansion has been considered and decided

JARNAIL SINGH GILL,JAGRAON vs. INCOME TAX OFFICER, WARD-1, JAGRAON

In the result, the appeal of the assessee is partly allowed

ITA 941/CHANDI/2024[2011-12]Status: DisposedITAT Chandigarh09 Jan 2025AY 2011-12

Bench: The Tribunal & The Matter Was Remanded Back To Ao For Fresh Adjudication. Thereafter, The Assessment Order Was Passed

For Appellant: Shri Ashwani Kumar, C.AFor Respondent: Shri Vivek Vardhan, Addl. CIT
Section 142(1)Section 143(2)Section 144Section 147Section 271(1)(b)

u/s Date of Issue Date of hearing Remarks 142(1) 29.06.2017 11.07.2017 Non-complied 142(1) 12.07.2017 19.07.2017 Non-complied 142(1) 25.07.2017 10.08.2017 Non-complied 142(1) 11.08.2017 22.08.2017 Non-complied In the assessment order, the AO has stated that a notice under section 142(1) along with the query letter was issued on 29.06.2017. Since there

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

SH RAMESH KUMAR DUDANI,MOHALI vs. DCIT,CIRCLE -6(1), MOHALI

In the result, appeal of the Assessee is allowed

ITA 1146/CHANDI/2019[2011-12]Status: DisposedITAT Chandigarh15 Oct 2020AY 2011-12
For Appellant: Shri Nalin K. Nohria, C.A Shri B.K. Nohria, C.AFor Respondent: Shri Rishi Kumar, ACIT
Section 154Section 246ASection 271Section 271(1)(c)Section 274

9. It was further submitted that since the A.O. failed to obtain the approval from the Joint Commissioner / Additional Commissioner of Income Tax, he knowingly reduce the penalty to Rs. 17,242/- instead of Rs. 25,051/- which was the minimum penalty leviable on the concealed income, if any, of Rs. 81,072/-. It was further submitted that

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)

u/s 142(1). The copy of the notice under section 142(1) disclosing such remarks have been perused by us from paper book. The remark is dated 22.02.2019. 6. After that a letter dated 05.11.2019 was affixed, again at address #22, Jain Nagar, Amabala, Haryana 133001 even after knowing the fact by the Ld. AO that the assesse has left

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 36(1)(viia) rather it is on Performing assets from which regular\nreturn/income is being received by the assessee, as discussed above.\"\n5.3 It is noted from the aforesaid observations that the claim of provision\nmade on Performing assets amounting Rs.2,21,28,000/-, was embedded by the\nappellant, in the overall claim of deduction made towards provision

DCIT, CHANDIGARH vs. CHANDIGARH HOUSING BOARD, CHANDIGARH

In the result, the appeal of the Revenue is dismissed

ITA 102/CHANDI/2019[2012-13]Status: DisposedITAT Chandigarh23 Jul 2021AY 2012-13
For Appellant: Shri A.K. Jindal, CA &For Respondent: Smt.C. Chandrakanta, CIT DR
Section 143(3)Section 271Section 271(1)(c)

u/s 271(1)(c) read with Explanation 1 is justified. 9. CIT Vs Escorts Finance Ltd [183 Taxman 453 (Delhi)/[2010] 328 ITR 44 (Delhi)/[2009] 226 CTR A.Y. 2012-13 Page 9 of 18 105]where Hon'ble Delhi High Court held that if claim made in return of income appears to be ex facie bogus, it would

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) of the Act on this debatable issue, is not justified. Accordingly, the Assessee’s appeal is allowed. 9