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171 results for “penalty u/s 271”+ Set Off of Lossesclear

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Key Topics

Section 271(1)(c)70Penalty42Addition to Income41Section 14737Section 143(3)33Section 271D32Section 14A31Section 246A30Section 40A(3)

DCIT, CENTRALCIRCLE-2(2), CHENNAI vs. SUBRAMANIAM THANU, CHENNAI

In the result, all the appeals filed by the Revenue as well as Cross

ITA 787/CHNY/2023[2016-17]Status: DisposedITAT Chennai13 Mar 2024AY 2016-17

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.785, 786, 787 & 788/Chny/2023 िनधा"रण वष"/Assessment Years: 2015-16 & 2016-17 & C.O. Nos. 40, 41, 42 & 43/Chny/2023 (In I.T.A. Nos.785 To 788/Chny/2023)

For Respondent: Shri A. Sasi Kumar, CIT
Section 132Section 269SSection 269TSection 271(1)(c)Section 271DSection 271E

loss of Rs.(-) 66,45,960/-. The case of the assessee was selected for scrutiny and the assessment was completed on 30.12.2017 after making addition towards unexplained interest paid/unexplained cash expenses. Against the same, Ld. AO initiated penalty proceedings u/s 271(1)(c) of the Act. 3. Subsequently, Ld. AO, vide letter dated 15.03.2021, intimated to the appropriate authority that

Showing 1–20 of 171 · Page 1 of 9

...
28
Disallowance24
Section 27118
Reopening of Assessment11

DCIT, CENTRALCIRCLE-2(2), CHENNAI vs. SUBRAMANIAM THANU, CHENNAI

In the result, all the appeals filed by the Revenue as well as Cross

ITA 786/CHNY/2023[2015-16]Status: DisposedITAT Chennai13 Mar 2024AY 2015-16

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.785, 786, 787 & 788/Chny/2023 िनधा"रण वष"/Assessment Years: 2015-16 & 2016-17 & C.O. Nos. 40, 41, 42 & 43/Chny/2023 (In I.T.A. Nos.785 To 788/Chny/2023)

For Respondent: Shri A. Sasi Kumar, CIT
Section 132Section 269SSection 269TSection 271(1)(c)Section 271DSection 271E

loss of Rs.(-) 66,45,960/-. The case of the assessee was selected for scrutiny and the assessment was completed on 30.12.2017 after making addition towards unexplained interest paid/unexplained cash expenses. Against the same, Ld. AO initiated penalty proceedings u/s 271(1)(c) of the Act. 3. Subsequently, Ld. AO, vide letter dated 15.03.2021, intimated to the appropriate authority that

DCIT, CENTRALCIRCLE-2(2), CHENNAI vs. SUBRAMANIAM THANU, CHENNAI

In the result, all the appeals filed by the Revenue as well as Cross

ITA 788/CHNY/2023[2016-17]Status: DisposedITAT Chennai13 Mar 2024AY 2016-17

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.785, 786, 787 & 788/Chny/2023 िनधा"रण वष"/Assessment Years: 2015-16 & 2016-17 & C.O. Nos. 40, 41, 42 & 43/Chny/2023 (In I.T.A. Nos.785 To 788/Chny/2023)

For Respondent: Shri A. Sasi Kumar, CIT
Section 132Section 269SSection 269TSection 271(1)(c)Section 271DSection 271E

loss of Rs.(-) 66,45,960/-. The case of the assessee was selected for scrutiny and the assessment was completed on 30.12.2017 after making addition towards unexplained interest paid/unexplained cash expenses. Against the same, Ld. AO initiated penalty proceedings u/s 271(1)(c) of the Act. 3. Subsequently, Ld. AO, vide letter dated 15.03.2021, intimated to the appropriate authority that

DCIT, CENTRALCIRCLE-2(2), CHENNAI vs. SUBRAMANIAM THANU, CHENNAI

In the result, all the appeals filed by the Revenue as well as Cross

ITA 785/CHNY/2023[2015-16]Status: DisposedITAT Chennai13 Mar 2024AY 2015-16

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.785, 786, 787 & 788/Chny/2023 िनधा"रण वष"/Assessment Years: 2015-16 & 2016-17 & C.O. Nos. 40, 41, 42 & 43/Chny/2023 (In I.T.A. Nos.785 To 788/Chny/2023)

For Respondent: Shri A. Sasi Kumar, CIT
Section 132Section 269SSection 269TSection 271(1)(c)Section 271DSection 271E

loss of Rs.(-) 66,45,960/-. The case of the assessee was selected for scrutiny and the assessment was completed on 30.12.2017 after making addition towards unexplained interest paid/unexplained cash expenses. Against the same, Ld. AO initiated penalty proceedings u/s 271(1)(c) of the Act. 3. Subsequently, Ld. AO, vide letter dated 15.03.2021, intimated to the appropriate authority that

D.SENTHIL KUMAR,CHENNAI vs. ACIT, COIMBATORE

In the result, the appeal of the assessee is allowed in terms of our above order

ITA 1209/CHNY/2017[2009-10]Status: DisposedITAT Chennai19 May 2023AY 2009-10

Bench: Hon’Ble Shri V. Durga Rao, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri S. Sridhar (Advocate ) – Ld.ARFor Respondent: Shri P. Sajit Kumar (JCIT) – Ld. Sr. DR
Section 271(1)(c)Section 274

u/s 271(1)(c) r.w.s. 274 and thus concluded in Para 180 and 181 as under: "180. One course of action before us is curing a defect in the notice by referring to the assessment order, which may or may not contain reasons for the penalty proceedings. The other course of action is the prevention of defect in the notice

MANGAL & MANGAL,TRICHY vs. ACIT, TRICHY

In the result, appeal filed by the assessee is allowed

ITA 2207/CHNY/2019[2013-14]Status: DisposedITAT Chennai22 Feb 2023AY 2013-14

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita No.: 2207/Chny/2019 िनधा"रण वष" / Assessment Year: 2013-14

For Appellant: Shri. S. Sridhar, Advocate &For Respondent: Shri. R Mohan Reddy, CIT
Section 271A

loss account was redrawn after revaluation of opening and closing stock, including excess stock found during the course of search, which resulted in undervaluation of stock of Rs. 18,30,77,920/-. The assessee firm has admitted undeclared :-5-: ITA. No: 2207/Chny/2019 income towards undervaluation of stock and agreed to pay tax. 4. Consequent to search, the assessment has been

ACIT, CHENNAI vs. M/S. S & P FOUNDATION P. LTD., CHENNAI

In the result, the appeal filed by the Revenue is allowed

ITA 2084/CHNY/2013[2006-07]Status: DisposedITAT Chennai16 Dec 2021AY 2006-07

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.2084/Chny/2013 िनधा"रण वष"/Assessment Years: 2006-07 The Assistant Commissioner Of M/S. S & P Foundation P. Ltd., Income Tax, Central Circle Iv(2), Vs. Old No. 27, New No. 38, Madley Road, 46, Nungambakkam High Road, T. Nagar, Chennai 600 017. Chennai. [Pan: Aaics0224K] (अपीलाथ" /Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By Shri G. Johnson, Addl. Cit : ""थ" की ओर से/Respondent By Shri G. Baskar, Advocate & : Shri I Dinesh, Advocate सुनवाई की तारीख/ Date Of Hearing 02.12.2021 : घोषणा की तारीख /Date Of Pronouncement : 16.12.2021 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) Ii, Chennai, Dated 05.12.2012 Relevant To The Assessment Year 2006-07 In Pursuance To The Order Of The Assessing Officer In Levying Penalty Under Section 271(1)(C) Of The Income Tax Act, 1961 [“Act” In Short].

Section 153ASection 271(1)(c)Section 3

set aside and that of the Assessing Officer be restored.” 8. With regard to the deletion of penalty levied under section 271(1)(c) of the Act on the addition income of ₹.1,53,98,570/- [wrongly mentioned as ₹.1,58,98,570/-], the ld. DR Shri G. Johnson, Additional CIT has submitted that the return filed by the assessee

ASSISTANT COMMISSIONER OF INCOME TAX, NON CORPORATE CIRCLE-10, CHENNAI vs. SJ SURYAH, CHENNAI

In the result, appeal filed by the assessee is allowed and appeal filed by the Revenue is dismissed

ITA 594/CHNY/2024[2002-03]Status: DisposedITAT Chennai29 May 2024AY 2002-03

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./Ita No.806/Chny/2023 िनधा"रण वष"/Assessment Year: 2002-03 V. Shri S.J.Suryah, The Asst. Commissioner- No.35-1D, Of Income Tax, 114, Neelakanta Mehta Street, Central Circle-2(4), T. Nagar, Chennai-600 017. Chennai. [Pan: Alyps 3012 R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri B. Ramakrishnan, FCAFor Respondent: Shri P. Sajit Kumar, JCIT
Section 153ASection 271Section 271(1)(c)Section 274

setting aside two issues (infra) back to the file of AO for fresh consideration, directed deletion of those penalties levied on these additions i.e. (i) outstanding payment due to the tune of Rs.34,13,386/-, the Ld.CIT(A) deleted the same. (ii) Rs.30 lakhs which was added as unexplained investment u/s.69 of the Act; and the Ld.CIT(A) confirmed penalty

SHRI.S.J.SURYAH,CHENNAI, TAMIL NADU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(4), CHENNAI

In the result, appeal filed by the assessee is allowed and appeal filed by the Revenue is dismissed

ITA 806/CHNY/2023[2002-03]Status: DisposedITAT Chennai29 May 2024AY 2002-03

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./Ita No.806/Chny/2023 िनधा"रण वष"/Assessment Year: 2002-03 V. Shri S.J.Suryah, The Asst. Commissioner- No.35-1D, Of Income Tax, 114, Neelakanta Mehta Street, Central Circle-2(4), T. Nagar, Chennai-600 017. Chennai. [Pan: Alyps 3012 R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri B. Ramakrishnan, FCAFor Respondent: Shri P. Sajit Kumar, JCIT
Section 153ASection 271Section 271(1)(c)Section 274

setting aside two issues (infra) back to the file of AO for fresh consideration, directed deletion of those penalties levied on these additions i.e. (i) outstanding payment due to the tune of Rs.34,13,386/-, the Ld.CIT(A) deleted the same. (ii) Rs.30 lakhs which was added as unexplained investment u/s.69 of the Act; and the Ld.CIT(A) confirmed penalty

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

loss to the Revenue. Therefore, the Assessing Officer opined that admission of additional income and payment of taxes does not absorb the assessee from penalty proceedings. Therefore, rejected arguments of the assessee and levied penalty u/s.271(1)(c) of the Act, amounting to Rs.5,67,22,512/- which is equivalent to 100% tax sought to be adopted. The relevant findings

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

loss to the Revenue. Therefore, the Assessing Officer opined that admission of additional income and payment of taxes does not absorb the assessee from penalty proceedings. Therefore, rejected arguments of the assessee and levied penalty u/s.271(1)(c) of the Act, amounting to Rs.5,67,22,512/- which is equivalent to 100% tax sought to be adopted. The relevant findings

PVP VENTURES LIMITED,CHENNAI vs. DCIT CORPORATE CIRCLE 5(2), CHENNAI

The appeal stands partly allowed in terms of our above order

ITA 778/CHNY/2019[2008-09]Status: DisposedITAT Chennai08 Jun 2022AY 2008-09

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri T. Banusekar (Advocate)-Ld. A.RFor Respondent: Shri ARV Sreenivasan (Addl. CIT) – Ld. DR
Section 139(1)Section 139(2)Section 143(3)Section 22(1)Section 271(1)(c)Section 274Section 69A

loss of Rs.17.47 Lacs was determined at income of Rs.41520.26 Lacs after certain additions / disallowances. Consequently, penalty proceedings were initiated by Ld. AO in the assessment order as under: “Penalty proceedings u/s 271(1)(c) is initiated separately.” 2. The Ld. AR, drawing attention to ground no.2 of the appeal, submitted that the penalty stood vitiated for want of requisite

KEMIA INDUSTRIES LIMITED,CHENNAI vs. ITO, CHENNAI

The appeal stands allowed in terms of our above order

ITA 1276/CHNY/2017[2012-13]Status: DisposedITAT Chennai04 May 2022AY 2012-13

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Anikesh Banerjee, Jm

For Appellant: Shri G. Baskar (Advocate) – Ld. ARFor Respondent: Shri Guru Bashyam (CIT) – Ld. DR
Section 271(1)(c)

loss of Rs.44.64 Lacs was subjected to scrutiny assessment. In the return of income, the assessee reflected agricultural income of Rs.1602.25 Lacs and claimed the same to be exempt from tax. It transpired that 5.82 acres of land was stated to be purchased by the assessee during the year 1995 and the assessee incurred development expenditure from time to time

ACIT, CHENNAI vs. M/S. BEST & CROMPTON ENGINEERING LTD., CHENNAI

In the result, Revenue appeal is dismissed

ITA 2785/CHNY/2016[2006-07]Status: DisposedITAT Chennai23 Mar 2017AY 2006-07

Bench: Shri A. Mohan Alankamony & Shri G. Pavan Kumar

For Appellant: Shri Shiva Srinivas, JCITFor Respondent: None
Section 115WSection 271(1)(d)Section 43BSection 44A

loss account and such expenditure is liable to fringe benefit tax and with these observations the Ld. AO has initiated penalty proceedings u/s. 271(1)(d) of the Act for furnishing inaccurate particulars and was of the opinion that contribution to the employee superannuation fund and is chargeable to fringe benefit tax and since, no reply was filed

N.SETHUMADHAVAN,CHENNAI vs. ITO, CHENNAI

In the result, the appeal of the assessee is allowed

ITA 2574/CHNY/2016[2009-10]Status: DisposedITAT Chennai10 Mar 2017AY 2009-10

Bench: Shri Abraham P. George & Shri. G. Pavan Kumarआयकर अपील सं./ I.T.A. No. 2574/Mds/2016 "नधा"रण वष" /Assessment Year : 2009-10 N. Sethumadhavan, The Income Tax Officer, No 594, Alagiri Samy Salai, Vs. Non Corporate Ward 14(1), K.K. Nagar, Chennai. Chennai - 600 078. [ Pan: Amrps 6175K] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Respondent: Shri A.V. Sreekanth, JCIT
Section 143(1)Section 143(2)Section 143(3)Section 194CSection 271(1)(c)Section 44B

loss account and Balance sheet and relied only on the information of Form 26AS where contract receipts are Rs. 1,70,56,850/- but whereas in the Return of income filed by the assessed the total contract receipts admitted are Rs. 2,33,09,087/-. The Assessing Officer rejected the contentions and estimated income at 10% of gross receipts

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)

271 (1) ( c ) on interest income and disallowance u/s 14A . 1.2 The Ld CIT(A) has erred in not providing an iota of reasoning as to how the levy is not attracted in respect of interest income and U/s 14A vide a speaking order. G1.3 For these and other grounds that may be adduced at the time of hearing

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)

271 (1) ( c ) on interest income and disallowance u/s 14A . 1.2 The Ld CIT(A) has erred in not providing an iota of reasoning as to how the levy is not attracted in respect of interest income and U/s 14A vide a speaking order. G1.3 For these and other grounds that may be adduced at the time of hearing

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)

271 (1) ( c ) on interest income and disallowance u/s 14A . 1.2 The Ld CIT(A) has erred in not providing an iota of reasoning as to how the levy is not attracted in respect of interest income and U/s 14A vide a speaking order. G1.3 For these and other grounds that may be adduced at the time of hearing

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)

271 (1) ( c ) on interest income and disallowance u/s 14A . 1.2 The Ld CIT(A) has erred in not providing an iota of reasoning as to how the levy is not attracted in respect of interest income and U/s 14A vide a speaking order. G1.3 For these and other grounds that may be adduced at the time of hearing

V SEETHARAMAN,VILLUPURAM vs. ACIT, VILLUPURAM CIRCLE, VILLUPURAM

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

ITA 229/CHNY/2019[2015-16]Status: DisposedITAT Chennai06 Oct 2021AY 2015-16

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita No.229/Chny/2019 िनधा"रण वष" /Assessment Year: 2015-16

For Appellant: Mr. S. Sridhar, AdvocateFor Respondent: Mr. AR.V. Sreenivasan, Addl. CIT
Section 143(3)Section 271Section 271BSection 273BSection 44Section 44A

loss account were prepared and without Books of Accounts, trial .balance could not have been prepared. The assesses cannot take strength from the Hon. High Court, judgement, since it is irrelevant to this case. Interestingly, the term. "Books of "Accounts" is nowhere mentioned in the Section and 271-B. The term used in both the sections is "accounts