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9 results for “penalty u/s 271”+ Revision u/s 263clear

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Key Topics

Section 26320Section 143(3)8Section 271(1)(c)7Penalty7Addition to Income6Section 685Section 133A5Section 143(1)4Section 274

M/S.SOORYA DRUG HOUSE,THODUPUZHA vs. THE ITO,WD-2, THODUPUZHA

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

ITA 237/COCH/2019[2013-14]Status: DisposedITAT Cochin02 Aug 2019AY 2013-14

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.Mathew JosephFor Respondent: Sri.Shantom Bose
Section 133ASection 143Section 143(1)Section 148Section 153Section 263Section 271(1)(c)Section 274

271(1)(c) of the I.T.Act were initiated by issuance of notice u/s 274 of the I.T.Act on 30.03.2016. The assessee in response to the notice issued, requested to drop the penalty proceedings for both the ITA No.236 & 237/Coch/2019. 3 M/s.Soorya Drug House. assessment years as higher income was declared in the revised returns. Further it was submitted that

4
Section 275(1)(c)4
Disallowance4
Survey u/s 133A4

M/S.SOORYA DRUG HOUSE,THODUPUZHA vs. THE ITO,WD-2, THODUPUZHA

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

ITA 236/COCH/2019[2012-13]Status: DisposedITAT Cochin02 Aug 2019AY 2012-13

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.Mathew JosephFor Respondent: Sri.Shantom Bose
Section 133ASection 143Section 143(1)Section 148Section 153Section 263Section 271(1)(c)Section 274

271(1)(c) of the I.T.Act were initiated by issuance of notice u/s 274 of the I.T.Act on 30.03.2016. The assessee in response to the notice issued, requested to drop the penalty proceedings for both the ITA No.236 & 237/Coch/2019. 3 M/s.Soorya Drug House. assessment years as higher income was declared in the revised returns. Further it was submitted that

M/S.SAHYADRI AGENCIES LTD,KANDNASSERY, THRISSUR vs. THE ITO, WD-1(3), THRISSUR

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

ITA 439/COCH/2019[2014-15]Status: DisposedITAT Cochin05 Nov 2019AY 2014-15

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.Bomi Daruwala, AdvocateFor Respondent: Smt.A.S.Bindhu, Sr.DR
Section 143(1)Section 143(3)Section 14ASection 263Section 56(2)(viib)Section 68

revise the said assessment. In other words, what the assessing officer could not do directly, the PCIT cannot do indirectly. In this regard, reliance is placed on the following decisions: Paul John, Delicious Cashew Co: 94 1TD 131 (Cochin Trib.) (Upheld by Kerala HC in 200 Taxman 154) Abad Fisheries v. DCIT: 80 ITD 153 (Cochin Trib.) In this regard

M/S PAZHAYANGADI G GOLD,KANNUR vs. ITO WARD 1 & TPS, KANNUR

In the result, the appeal by the assessee is dismissed

ITA 187/COCH/2023[2018-19]Status: DisposedITAT Cochin27 May 2025AY 2018-19

Bench: Shri Inturi Rama Rao & Shri Sandeep Singh Karhailassessment Year : 2018-19 Pazhayangadi G Gold, Ito, Ward-1& Tps, Eazhome Pazhayangadi, Kannur Kannur-670303 Vs. Pan : Aaufp9485G (Appellant) (Respondent) For Assessee : Shri Arun Raj S. Adv. For Revenue : Shri Sanjit Kumar Das, Cit-Dr (Heard In Hybrid Bench) Date Of Hearing : 25-03-2025 Date Of Pronouncement : 27-05-2025 O R D E R

For Appellant: Shri Arun Raj S. AdvFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 142(1)Section 143Section 143(1)Section 143(2)Section 143(3)Section 263Section 270ASection 271ASection 68Section 69

u/s 270A was under a wrong section. The order of the AO was erroneous and prejudicial to the interest of revenue. Hence the order of the AO is set aside to the extent of non-initiation of penalty proceedings under the correct section. The AO is directed to pass fresh order accordingly.” Being aggrieved, the assessee is in appeal

SMT.MITHRA PAUL,MUVATTUPUZHA vs. THE ITO,WD-1, THODUPUZHA

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

ITA 421/COCH/2019[2014-15]Status: DisposedITAT Cochin20 Sept 2019AY 2014-15

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 115BSection 143(3)Section 153Section 263Section 44ASection 69B

penalty u/s 271(1)(c) of the Act is attracted in the case. Addition: 9,50,000/-“ 6.4 As seen from the above, , the Assessing Officer while framing the assessment u/s. 143(3) of the I.T. Act considered the deposits made into the Bank account with Dhanalakshmi Bank Ltd., Muvattupuzha at Rs.95,00,000/- and called for explanation

M/S.KOTTAKKAL WOOD COMPLEX,KOTTAKKAL vs. THE ITO, TIRUR

In the result, the appeals of the assessee are allowed and the Stay Petitions

ITA 593/COCH/2019[2002-03]Status: DisposedITAT Cochin03 Mar 2020AY 2002-03

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 133ASection 143(3)Section 153ASection 260ASection 271(1)(c)

263 ITR 101) wherein this Court has held thus: "Section 133A(3)(iii) enables the authority to record the statement of any person which may be useful for, or relevant to, any proceeding under the Act. Section 133A, however, enables the income-tax authority only to record any statement of any person which may be useful, but does not authorize

MALLELIL INDUSTRIES PRIVATE LIMITED,PATHANAMTHITTA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1, THIRUVALLA

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

ITA 787/COCH/2024[2015-16]Status: DisposedITAT Cochin31 Jul 2025AY 2015-16

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm Assessment Year: 2015-16 Mallelil Industries Pvt. Ltd. .......... Appellant Attachakkal P.O., Pathanamthitta 689691 [Pan: Aafcm0761Q] Vs. Acit, Circle-1, Thiruvalla .......... Respondent Appellant By: Shri Surendran, Ca Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 05.06.2025 Date Of Pronouncement: 31.07.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 24.08.2022 For Assessment Year (Ay) 2015-16. 2. Brief Facts Of The Case Are That The Appellant Is A Company Incorporated Under The Provisions Of Companies Act, 1956. It Is Engaged In The Business Of Manufacture Of Rock Aggregates & Running A Quarry. The Return Of Income For Ay 2015-16 Was Fled On 22.09.2015 Declaring Income Of Rs. 2,54,10,720/-. Survey

For Appellant: Shri Surendran, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 133ASection 263Section 271(1)(c)

penalty proceedings u/s. 271(1)(c) of the Act for concealment of income in the remand proceedings, since the return of income was revised consequent to detection made by the department during the course of survey proceedings based on the direction of the ld. PCIT in the order u/s. 263

THE KARANNUR SERVICE CO-OP BANK LTD ,KOZHIKKODE vs. THE ITO, WD-1(2),, KOZHIKKODE

In the result, the appeals by the assessee are allowed

ITA 248/COCH/2020[2015-16]Status: DisposedITAT Cochin16 Nov 2023AY 2015-16

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri P. Raghunathan, AdvocateFor Respondent: Sh. Sanjith K. Das, CIT-DR
Section 143(3)Section 271DSection 273BSection 274Section 275(1)(c)Section 80P(1)

263 or section 264, after the expiry of six months from the end of the month in which such order of revision is passed; (c) in any other case, after the expiry of the financial year in which the proceedings, in the course of which action for the imposition of penalty has been initiated, are completed, ITANos. 248 & 249/Coch/2020

M/S.KARANNUR SERVICE CO-OP BANK LTD,KOZHIKKODE vs. THE ITO, WD-1(2), KOZHIKKODE

In the result, the appeals by the assessee are allowed

ITA 249/COCH/2020[2015-16]Status: DisposedITAT Cochin16 Nov 2023AY 2015-16

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri P. Raghunathan, AdvocateFor Respondent: Sh. Sanjith K. Das, CIT-DR
Section 143(3)Section 271DSection 273BSection 274Section 275(1)(c)Section 80P(1)

263 or section 264, after the expiry of six months from the end of the month in which such order of revision is passed; (c) in any other case, after the expiry of the financial year in which the proceedings, in the course of which action for the imposition of penalty has been initiated, are completed, ITANos. 248 & 249/Coch/2020