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46 results for “penalty u/s 271”+ Bogus Purchasesclear

Sorted by relevance

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Key Topics

Section 40A(3)42Addition to Income34Section 143(3)27Section 271(1)(c)26Disallowance20Section 13216Penalty16Section 14815Section 271A

R. G. SUNDAR & CO,ERODE vs. DCIT, CENTRAL CIRCLE-2 , COIMBATORE

In the result, the appeals filed by the assessee in ITA Nos

ITA 1599/CHNY/2023[2014-15]Status: DisposedITAT Chennai30 Apr 2024AY 2014-15

Bench: Shri Mahavir Singhand Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.: 1599 & 1600/Chny/2023 िनधा"रण वष"/Assessment Years: 2014-15 & 2015-16 M/S. R.G. Sundar & Co., The Deputy Commissioner Erode Feeds Producers, Vs. Of Income Tax, 82, Perundurai Road, Central Circle-2, Perundurai – 638 001. Coimbatore Pan: Aaffr 3771C (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri T. Banusekar, Advocate Shri Suraj Nahar, Ca ""यथ" क" ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई क" तारीख/Date Of Hearing : 25.04.2024 घोषणा क" तारीख/Date Of Pronouncement : 30.04.2024

For Appellant: Shri T. Banusekar, AdvocateFor Respondent: Shri D. Hema Bhupal, JCIT
Section 133ASection 139(1)Section 143Section 143(3)Section 147Section 148Section 271(1)(c)

Showing 1–20 of 46 · Page 1 of 3

13
Survey u/s 133A10
Section 153A9
Section 2708

271(1)(c) of the Act on ‘amount of tax on income sought to be evaded’. He noted that the assessee has nowhere disputed the bogus purchases and unearthed all bogus purchases during survey u/s.133A of the Act. According to him, income admitted by assessee in the return of income filed in response to notice u/s.148

R. G. SUNDAR & CO,ERODE vs. DCIT, CENTRAL CIRCLE-2,, COIMBATORE

In the result, the appeals filed by the assessee in ITA Nos

ITA 1600/CHNY/2023[2015-16]Status: DisposedITAT Chennai30 Apr 2024AY 2015-16

Bench: Shri Mahavir Singhand Shri S.R. Raghunathaआयकर अपील सं./Ita Nos.: 1599 & 1600/Chny/2023 िनधा"रण वष"/Assessment Years: 2014-15 & 2015-16 M/S. R.G. Sundar & Co., The Deputy Commissioner Erode Feeds Producers, Vs. Of Income Tax, 82, Perundurai Road, Central Circle-2, Perundurai – 638 001. Coimbatore Pan: Aaffr 3771C (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri T. Banusekar, Advocate Shri Suraj Nahar, Ca ""यथ" क" ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई क" तारीख/Date Of Hearing : 25.04.2024 घोषणा क" तारीख/Date Of Pronouncement : 30.04.2024

For Appellant: Shri T. Banusekar, AdvocateFor Respondent: Shri D. Hema Bhupal, JCIT
Section 133ASection 139(1)Section 143Section 143(3)Section 147Section 148Section 271(1)(c)

271(1)(c) of the Act on ‘amount of tax on income sought to be evaded’. He noted that the assessee has nowhere disputed the bogus purchases and unearthed all bogus purchases during survey u/s.133A of the Act. According to him, income admitted by assessee in the return of income filed in response to notice u/s.148

M/S ENRICA ENTERPRISES PVT LTD,CHENNAI vs. DCIT,CENTRAL CIRCLE-3(4), CHENNAI

In the result, appeal filed by the assessee in ITA

ITA 1164/CHNY/2023[2015-16]Status: DisposedITAT Chennai06 Mar 2024AY 2015-16

Bench: Shri Manjunatha. G & Shri Manomohan Das

Section 271Section 271(1)(C)Section 271ASection 274

271(l)(c). The learned 1st appellate authority failed to see that the penalty proceedings are independent of assessment proceedings and therefore penalty is not leviable merely on the ground that certain additions have been made in the assessment proceedings. 10. The learned Commissioner ought to have seen that penalty cannot be levied merely because an amount taxed as income

M/S.ENRICA ENTERPRISES PVT LTD,CHENNAI vs. DCIT,CENTRAL CIRCLE-3(4), CHENNAI

In the result, appeal filed by the assessee in ITA

ITA 1165/CHNY/2023[2016-17]Status: DisposedITAT Chennai06 Mar 2024AY 2016-17

Bench: Shri Manjunatha. G & Shri Manomohan Das

Section 271Section 271(1)(C)Section 271ASection 274

271(l)(c). The learned 1st appellate authority failed to see that the penalty proceedings are independent of assessment proceedings and therefore penalty is not leviable merely on the ground that certain additions have been made in the assessment proceedings. 10. The learned Commissioner ought to have seen that penalty cannot be levied merely because an amount taxed as income

SIVA INDUSTRIES AND HOLDINGS LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, the assessee’s appeals in ITA No 1392/2016 for the

ITA 1973/CHNY/2016[2010-11]Status: HeardITAT Chennai21 Jan 2020AY 2010-11

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

Section 250(6)

purchaser and developer of the land of 196.97 Acres. However, the assessee accepted the receipts of interest for Rs35 Crores as per the agreement made dated 29.12.2006 which was calculated on pro rata basis. But in connection with this interest income, the assessee claimed it as a capital receipt and hence it should not be treated as revenue receipt

DCIT, CHENNAI vs. SIVA VENTURES LTD., CHENNAI

In the result, the assessee’s appeals in ITA No 1392/2016 for the

ITA 1421/CHNY/2016[2008-2009]Status: DisposedITAT Chennai21 Jan 2020AY 2008-2009

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

Section 250(6)

purchaser and developer of the land of 196.97 Acres. However, the assessee accepted the receipts of interest for Rs35 Crores as per the agreement made dated 29.12.2006 which was calculated on pro rata basis. But in connection with this interest income, the assessee claimed it as a capital receipt and hence it should not be treated as revenue receipt

DCIT, CHENNAI vs. SIVA VENTURES LIMITED, CHENNAI

In the result, the assessee’s appeals in ITA No 1392/2016 for the

ITA 663/CHNY/2015[2010-11]Status: DisposedITAT Chennai21 Jan 2020AY 2010-11

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

Section 250(6)

purchaser and developer of the land of 196.97 Acres. However, the assessee accepted the receipts of interest for Rs35 Crores as per the agreement made dated 29.12.2006 which was calculated on pro rata basis. But in connection with this interest income, the assessee claimed it as a capital receipt and hence it should not be treated as revenue receipt

DCIT, CHENNAI vs. SIVA VENTURES LTD., CHENNAI

In the result, the assessee’s appeals in ITA No 1392/2016 for the

ITA 1075/CHNY/2014[2009-10]Status: DisposedITAT Chennai21 Jan 2020AY 2009-10

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

Section 250(6)

purchaser and developer of the land of 196.97 Acres. However, the assessee accepted the receipts of interest for Rs35 Crores as per the agreement made dated 29.12.2006 which was calculated on pro rata basis. But in connection with this interest income, the assessee claimed it as a capital receipt and hence it should not be treated as revenue receipt

D.SHANTHA,VILLUPURAM vs. ITO, VILLUPURAM

In the result, the assessee’s appeal in ITA No

ITA 1828/CHNY/2016[2008-09]Status: DisposedITAT Chennai27 Sept 2017AY 2008-09

Bench: Shri N.R.S. Ganesan & Shri S. Jayaraman

For Appellant: Shri. T. Vasudevan, AdvocateFor Respondent: Shri. Nataraja, JCIT
Section 143(3)Section 263Section 271(1)(c)

penalty levied u/s. 271(1)(c) for assessment years 2008-09 and 2009-10, respectively. 2. Smt. D. Santha, the assessee, an individual has been carrying on business in jewellery apart from pawn broking. For assessment year 2008-09, she did not file her return within the due date ie., 31.07.2008. On 16.03.2009, a survey was carried

DCIT, VILLUPURAM vs. D.SANTHA, KALLAKURICHI

In the result, the assessee’s appeal in ITA No

ITA 1803/CHNY/2016[2008-09]Status: DisposedITAT Chennai27 Sept 2017AY 2008-09

Bench: Shri N.R.S. Ganesan & Shri S. Jayaraman

For Appellant: Shri. T. Vasudevan, AdvocateFor Respondent: Shri. Nataraja, JCIT
Section 143(3)Section 263Section 271(1)(c)

penalty levied u/s. 271(1)(c) for assessment years 2008-09 and 2009-10, respectively. 2. Smt. D. Santha, the assessee, an individual has been carrying on business in jewellery apart from pawn broking. For assessment year 2008-09, she did not file her return within the due date ie., 31.07.2008. On 16.03.2009, a survey was carried

D.SHANTHA,VILLUPURAM vs. ITO, VILLUPURAM

In the result, the assessee’s appeal in ITA No

ITA 1593/CHNY/2016[2008-09]Status: DisposedITAT Chennai27 Sept 2017AY 2008-09

Bench: Shri N.R.S. Ganesan & Shri S. Jayaraman

For Appellant: Shri. T. Vasudevan, AdvocateFor Respondent: Shri. Nataraja, JCIT
Section 143(3)Section 263Section 271(1)(c)

penalty levied u/s. 271(1)(c) for assessment years 2008-09 and 2009-10, respectively. 2. Smt. D. Santha, the assessee, an individual has been carrying on business in jewellery apart from pawn broking. For assessment year 2008-09, she did not file her return within the due date ie., 31.07.2008. On 16.03.2009, a survey was carried

D.SHANTHA,VILLUPURAM vs. ITO, VILLUPURAM

In the result, the assessee’s appeal in ITA No

ITA 1829/CHNY/2016[2009-10]Status: DisposedITAT Chennai27 Sept 2017AY 2009-10

Bench: Shri N.R.S. Ganesan & Shri S. Jayaraman

For Appellant: Shri. T. Vasudevan, AdvocateFor Respondent: Shri. Nataraja, JCIT
Section 143(3)Section 263Section 271(1)(c)

penalty levied u/s. 271(1)(c) for assessment years 2008-09 and 2009-10, respectively. 2. Smt. D. Santha, the assessee, an individual has been carrying on business in jewellery apart from pawn broking. For assessment year 2008-09, she did not file her return within the due date ie., 31.07.2008. On 16.03.2009, a survey was carried

SHEIKH KUTBUDDIN HABIB,COIMBATORE vs. ACIT, COIMBATORE

In the result, the appeal filed by the assessee is dismissed

ITA 263/CHNY/2017[2010-11]Status: DisposedITAT Chennai18 Aug 2021AY 2010-11

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 263 & 264/Chny/2017 िनधा"रण वष" / Assessment Years: 2010-11 & 2011-12

For Appellant: Shri K. Raghu, CAFor Respondent: Shri G. Suresh Periasamy, JCIT
Section 131Section 139(1)Section 143(3)Section 147Section 148Section 271(1)(c)Section 274

u/s 271(1)(c) has been held as justified by a number of Courts. 4.1 In the case of DCIT vs. R.Padmanabhan [2015] 371 ITR 211, High Court of Madras held as below after considering the facts and circumstances of that case: "It is seen from the order of the assessing officer that after the survey being conducted

SHEIKH KUTBUDDIN HABIB,COIMBATORE vs. ACIT, COIMBATORE

In the result, the appeal filed by the assessee is dismissed

ITA 264/CHNY/2017[2011-12]Status: DisposedITAT Chennai18 Aug 2021AY 2011-12

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita Nos.: 263 & 264/Chny/2017 िनधा"रण वष" / Assessment Years: 2010-11 & 2011-12

For Appellant: Shri K. Raghu, CAFor Respondent: Shri G. Suresh Periasamy, JCIT
Section 131Section 139(1)Section 143(3)Section 147Section 148Section 271(1)(c)Section 274

u/s 271(1)(c) has been held as justified by a number of Courts. 4.1 In the case of DCIT vs. R.Padmanabhan [2015] 371 ITR 211, High Court of Madras held as below after considering the facts and circumstances of that case: "It is seen from the order of the assessing officer that after the survey being conducted

R.VASUKI,COIMBATORE vs. DCIT, COIMBATORE

In the result, the assessee’s appeal is dismissed

ITA 899/CHNY/2015[2010-11]Status: DisposedITAT Chennai01 Nov 2017AY 2010-11

Bench: Shri Sanjay Arora & Shri Duvvuru Rl Reddy

For Appellant: Mrs. Veni Raj, Jt. CITFor Respondent: 03.08.2017
Section 131Section 133ASection 139(5)Section 143(3)Section 148Section 271(1)(c)

penalty u/s. 271(1)(c) on this sum of ". 102 lacs, levied at 100 per cent of the tax sought to be evaded, which is the subject matter of dispute between the parties. While the assessee insists that her action in filing the ‘revised return’ was done only to purchase peace with the IT Department and avoided protracted litigation

M/S ENRICE ENTERPRISES PVT LTD,CHENNAI vs. DCIT,CENTRAL CIRCLE-3(4), CHENNAI

In the result, appeal filed by the assessee is allowed

ITA 1168/CHNY/2023[2019-20]Status: DisposedITAT Chennai06 Mar 2024AY 2019-20

Bench: Shri Manjunatha. G & Shri Manomohan Das

For Appellant: Shri D. Anand, AdvFor Respondent: Shri R. Clement Ramesh –
Section 132Section 271Section 271ASection 274

u/s 271AAB is leviable only on undisclosed income and not merely on an admission made by the assessee u/s.132 (4). The assessing officer has miserably failed to quantify the undisclosed income. :: 3 :: 9. The learned CIT(A) ought to have seen that the AO while levying penalty under section 271 AAB failed to follow the specific definition of undisclosed income

M/S ENRICE ENTERPRISES PVT. LTD,CHENNAI vs. DCIT,CENTRAL CIRCLE-3(4), CHENNAI

In the result, appeal filed by the assessee in ITA

ITA 1166/CHNY/2023[2017-18]Status: DisposedITAT Chennai06 Mar 2024AY 2017-18

Bench: Shri Manjunatha. G & Shri Manomohan Das

For Appellant: Shri D. Anand, AdvFor Respondent: Shri R. Clement Ramesh –
Section 2Section 270Section 270ASection 270A(9)

bogus bills from our suppliers of gift articles to generate unaccounted cash. However, we received back one third of the invoice value on an average in the form of cash from our gift article suppliers. Since this amounts to inflation of the expenditure in our books of account, we undertake to withdraw of claim towards expenditure in the respective years

M/S ENRIA ENTERPRISES PVT. LTD,CHENNAI vs. DCIT. CENTRAL CIRCLE - 3(4), CHENNAI

In the result, appeal filed by the assessee in ITA

ITA 1167/CHNY/2023[2018-19]Status: DisposedITAT Chennai06 Mar 2024AY 2018-19

Bench: Shri Manjunatha. G & Shri Manomohan Das

For Appellant: Shri D. Anand, AdvFor Respondent: Shri R. Clement Ramesh –
Section 2Section 270Section 270ASection 270A(9)

bogus bills from our suppliers of gift articles to generate unaccounted cash. However, we received back one third of the invoice value on an average in the form of cash from our gift article suppliers. Since this amounts to inflation of the expenditure in our books of account, we undertake to withdraw of claim towards expenditure in the respective years

PRAMILA PATEL,,CHENNAI vs. ITO, NCW - 10 (3),, CHENNAI

In the result, the appeal filed by the assessee stands

ITA 1827/CHNY/2019[2009-10]Status: DisposedITAT Chennai05 Dec 2019AY 2009-10

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddy] आयकर अपील सं./I.T.A. No.1827/Chny/2019. "नधा"रण वष" /Assessment Year : 2009-2010. Vs. The Income Tax Officer, Pramila Patel, No.27, Gnt Road, Non Corporate Ward 10(3) Puzhal, Chennai. Chennai 600 066. [Pan Aeipp 1044H] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: NoneFor Respondent: Ms. R. Anitha, IRS, JCIT
Section 148

bogus contract notes done by her for various assessees including the appellant. 5.13. ARs argument that along with Smt.Leela Surana, Mr Dinesh Kumar Surana was also allowed to be present and thus the cross examination proceedings were a ‘mockery’ is not correct and cannot be accepted. It is clearly mentioned in the proceedings that Shri Dinesh Kumar Surana was also

DCIT, CENTRAL CIRCLE-2, MADURAI vs. APPU TRADERS, PALAKKAD

In the result, the appeals filed by the Revenue in I

ITA 442/CHNY/2019[2015-16]Status: DisposedITAT Chennai25 Oct 2024AY 2015-16

Bench: Shri Manu Kumar Giri & Shri Amitabh Shuklaआयकर अपील सं./Ita No.355, 356, 357 & 358 /Chny/2019 धििाारण वर्ा /Assessment Year: 2012-13, 2013-14, 2014-15 & 2015-16 & Co 32, 33, 34 & 35 /Chny/2019 Assessment Years : 2012-13, 2013-14, 2014-15 & 2015-16 The Deputy Commissioner Of M/S.Achu Traders, Income Tax, Central Circle-2, No. 11/1288, Madurai M.Pudur Main Road, Vs. Govindapuram Post, Palakkad, Kerala-678507 [Pan: Aapfa8131B] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) आयकर अपील सं./Ita No.359, 360, 361 & 362 /Chny/2019 धििाारण वर्ा /Assessment Year: 2012-13, 2013-14, 2014-15 & 2015-16 & Co 36, 37, 38 & 39/Chny/2019 Assessment Years : 2012-13, 2013-14, 2014-15 & 2015-16 The Deputy Commissioner Of Shri M.Shahjahan, Income Tax, Central Circle-2, Prop. M/S. Madeena Traders Madurai No.Vii/561, M.Pudur Main Road, Vs Govindapuram Post, Palakkad, Kerala-678507 (अपीलार्थी/Appellant) [Pan: Aiyps1815P]

For Appellant: D. Anand, Advocate
Section 40A(3)

bogus or there should be inflation of purchases to invoke the provisions of section 40A(3) of the LT. Act. 4. Without prejudice to the above grounds of appeal, it may noted that the assessee and the so called agents could not provide full addresses of the farmers/suppliers of copras nor any details have been maintained with regard to payment