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15 results for “penalty u/s 271”+ Search & Seizureclear

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Key Topics

Section 271(1)(c)64Section 153A43Penalty13Section 13212Section 271D10Addition to Income9Section 143(3)8Section 153C6Section 133A

THE DCIT,CEN-CIRCLE-2, ERNAKULAM, ERNAKULAM vs. SRI.SINKARAM M.CHETTIAR, ERNAKULAM, ERNAKULAM

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

ITA 369/COCH/2017[2006-07]Status: DisposedITAT Cochin02 Aug 2018AY 2006-07

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos.368-373/Coch/2017 Assessment Years : 2005-06 To 2010-11 The Deputy Commissioner Of Vs. Shri Sinkaram Chettiar, Income-Tax, Central Circle-2, Arun Niwas, Ernakulam, Kochi. 43/986, Ayyappankavu, Ernakulam, Kochi. [Pan: Ahepm 6323R]

Section 132Section 143(3)Section 153ASection 271(1)(c)

271(l)(c) of the Act and the assessee is exigible to levy of penalty on such income which was detected during the course of search and seizure operation, which in turn has been offered by the assessee in return of income filed pursuant to notice issued under section 153A of the Act. I.T.A. Nos.368-373/C2017/ 7.4 Since the assessee

THE DCIT,CEN-CIRCLE-2, KOCHI, KOCHI vs. SRI. SINKARAM M. CHETTIAR, ERNAKULAM

4
Section 2743
Survey u/s 133A3
Cash Deposit2

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

ITA 372/COCH/2017[2009-10]Status: DisposedITAT Cochin02 Aug 2018AY 2009-10

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos.368-373/Coch/2017 Assessment Years : 2005-06 To 2010-11 The Deputy Commissioner Of Vs. Shri Sinkaram Chettiar, Income-Tax, Central Circle-2, Arun Niwas, Ernakulam, Kochi. 43/986, Ayyappankavu, Ernakulam, Kochi. [Pan: Ahepm 6323R]

Section 132Section 143(3)Section 153ASection 271(1)(c)

271(l)(c) of the Act and the assessee is exigible to levy of penalty on such income which was detected during the course of search and seizure operation, which in turn has been offered by the assessee in return of income filed pursuant to notice issued under section 153A of the Act. I.T.A. Nos.368-373/C2017/ 7.4 Since the assessee

THE DCIT,CEN-CIRCLE-2, KOCHI, KOCHI vs. SRI. SINKARAM M. CHETTIAR, ERNAKULAM

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

ITA 370/COCH/2017[2007-08]Status: DisposedITAT Cochin02 Aug 2018AY 2007-08

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos.368-373/Coch/2017 Assessment Years : 2005-06 To 2010-11 The Deputy Commissioner Of Vs. Shri Sinkaram Chettiar, Income-Tax, Central Circle-2, Arun Niwas, Ernakulam, Kochi. 43/986, Ayyappankavu, Ernakulam, Kochi. [Pan: Ahepm 6323R]

Section 132Section 143(3)Section 153ASection 271(1)(c)

271(l)(c) of the Act and the assessee is exigible to levy of penalty on such income which was detected during the course of search and seizure operation, which in turn has been offered by the assessee in return of income filed pursuant to notice issued under section 153A of the Act. I.T.A. Nos.368-373/C2017/ 7.4 Since the assessee

THE DCIT,CEN-CIRCLE-2, KOCHI, KOCHI vs. SRI. SINKARAM M. CHETTIAR, ERNAKULAM

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

ITA 373/COCH/2017[2010-11]Status: DisposedITAT Cochin02 Aug 2018AY 2010-11

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos.368-373/Coch/2017 Assessment Years : 2005-06 To 2010-11 The Deputy Commissioner Of Vs. Shri Sinkaram Chettiar, Income-Tax, Central Circle-2, Arun Niwas, Ernakulam, Kochi. 43/986, Ayyappankavu, Ernakulam, Kochi. [Pan: Ahepm 6323R]

Section 132Section 143(3)Section 153ASection 271(1)(c)

271(l)(c) of the Act and the assessee is exigible to levy of penalty on such income which was detected during the course of search and seizure operation, which in turn has been offered by the assessee in return of income filed pursuant to notice issued under section 153A of the Act. I.T.A. Nos.368-373/C2017/ 7.4 Since the assessee

THE DCIT,CEN-CIRCLE-2, KOCHI, KOCHI vs. SRI. SINKARAM M. CHETTIAR, ERNAKULAM

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

ITA 371/COCH/2017[2008-09]Status: DisposedITAT Cochin02 Aug 2018AY 2008-09

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos.368-373/Coch/2017 Assessment Years : 2005-06 To 2010-11 The Deputy Commissioner Of Vs. Shri Sinkaram Chettiar, Income-Tax, Central Circle-2, Arun Niwas, Ernakulam, Kochi. 43/986, Ayyappankavu, Ernakulam, Kochi. [Pan: Ahepm 6323R]

Section 132Section 143(3)Section 153ASection 271(1)(c)

271(l)(c) of the Act and the assessee is exigible to levy of penalty on such income which was detected during the course of search and seizure operation, which in turn has been offered by the assessee in return of income filed pursuant to notice issued under section 153A of the Act. I.T.A. Nos.368-373/C2017/ 7.4 Since the assessee

THE DCIT,CEN-CIRCLE-2, ERNAKULAM, ERNAKULAM vs. SRI.SINKARAM M.CHETTIAR, ERNAKULAM, ERNAKULAM

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

ITA 368/COCH/2017[2005-06]Status: DisposedITAT Cochin02 Aug 2018AY 2005-06

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. Nos.368-373/Coch/2017 Assessment Years : 2005-06 To 2010-11 The Deputy Commissioner Of Vs. Shri Sinkaram Chettiar, Income-Tax, Central Circle-2, Arun Niwas, Ernakulam, Kochi. 43/986, Ayyappankavu, Ernakulam, Kochi. [Pan: Ahepm 6323R]

Section 132Section 143(3)Section 153ASection 271(1)(c)

271(l)(c) of the Act and the assessee is exigible to levy of penalty on such income which was detected during the course of search and seizure operation, which in turn has been offered by the assessee in return of income filed pursuant to notice issued under section 153A of the Act. I.T.A. Nos.368-373/C2017/ 7.4 Since the assessee

MS.KALLIYATH CYRIL RAJU,COCHIN vs. THE DCIT, COCHIN

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

ITA 54/COCH/2017[2010-11]Status: DisposedITAT Cochin24 May 2018AY 2010-11

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

Section 132Section 139Section 153ASection 271Section 271(1)(c)Section 274

seizure and further investigation that the survey was converted into a search. The search did not come out with anything fresh. Consequently Explanation 5A to Section 271(l)(c) cannot be made applicable in the case of the assessee herein. It would be the regular provisions of Section 271(l)(c) of the Act, which would be applicable. True

SRI.ALAVIKUTTY,VENGARA,MALAPPURAM vs. THE DCIT, CALICUT

In the result, the appeal of the assessee is allowed

ITA 524/COCH/2018[2007-08]Status: DisposedITAT Cochin24 Jan 2019AY 2007-08

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

Section 132Section 153Section 153ASection 271(1)Section 271(1)(c)Section 27I(1)Section 27I(1)(c)

search and seizure of the documents in the premises of Shri T. Ashraf, the assessee would not have disclosed the income. The income was disclosed only after the issue of notice u/s. 153C of the Act. Hence, the Assessing Officer levied penalty of Rs.3,50,900/- u/s. 271

DY.CIT, CIRCLE 1(1) & TPS, THRISSUR, THRISSUR vs. ARUN MAJEED, THRISSUR

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

ITA 388/COCH/2025[2013-14]Status: DisposedITAT Cochin31 Jul 2025AY 2013-14

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm Assessment Year: 2013-14 Dy. Cit, Circle 1(1) & Tps, Thrissur .......... Appellant [Pan: Adopa9351R] Vs. Arun Majeed .......... Respondent Palak Velyannur Temple Road Veliyannur, Thrissur 680021 Appellant By: Smt. Leena Lal, Sr. D.R. Respondent By: ------- None ------- Date Of Hearing: 05.06.2025 Date Of Pronouncement: 31.07.2025

For Appellant: Smt. Leena Lal, Sr. D.RFor Respondent: ------- None -------
Section 132Section 143(3)Section 153ASection 271(1)(c)Section 271(1)(i)Section 274

u/s. 271(1)(c) by holding that the AO had not specified whether the penalty was proposed in respect of concealment of income or furnishing of inaccurate particulars of income. The undisputed facts of the case are that pursuant to the search and seizure

INDIRA GANDHI MEMORIAL TRUST,NELLIKUZHY P.O vs. JOINT COMMISSIONER OF INCOME TAX (EXEMPTIONS), ERNAKULAM

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

ITA 165/COCH/2024[2012-13]Status: DisposedITAT Cochin30 Sept 2024AY 2012-13

Bench: Shri Waseem Ahmed & Shri Soundararajan K

For Appellant: Sri.P.T.Joy, CAFor Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 269SSection 271D

seizures, unaccounted money is unearthed and the tax payer would usually give the explanation that he had borrowed or received deposits from his relatives or friends and it is easy for the so-called lender also to manipulate his records later to suit the plea of the taxpayer. The main object of section 2695S was to curb this menace

INDIRA GANDHI MEMORIAL TRUST,NELLIKUZHY, KOTHAMANGALAM vs. JOINT COMMISSIONER OF INCOME TAX(EXEMPTION), ERNAKULAM

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

ITA 54/COCH/2024[2012-13]Status: DisposedITAT Cochin30 Sept 2024AY 2012-13

Bench: Shri Waseem Ahmed & Shri Soundararajan K

For Appellant: Sri.P.T.Joy, CAFor Respondent: Sri.Sanjit Kumar Das, CIT-DR
Section 269SSection 271D

seizures, unaccounted money is unearthed and the tax payer would usually give the explanation that he had borrowed or received deposits from his relatives or friends and it is easy for the so-called lender also to manipulate his records later to suit the plea of the taxpayer. The main object of section 2695S was to curb this menace

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)

271(1)(c) (Rs.) 2002-03 6,23,108/- 2003-04 12,01,918/ 2004-05 6,95,852/ 2005-06 4,68,202/- 2006-07 2,44,553/- 2007-08 2,68,385/- 2008-09 1,77,154/-. 4. On appeal, the CIT(A) observed that the main issue is penalty imposed by the AO on account of addition

ATTU PURATTU ISMAIL,THALASSERY vs. INCOME TAX OFFICER, WARD-2, , KANNUR

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

ITA 812/COCH/2025[2013-14]Status: DisposedITAT Cochin19 Nov 2025AY 2013-14

Bench: Shri Inturi Rama Rao, Am & Shri Manu Kumar Giri, Jm Assessment Year: 2013-14 Attupurattu Ismail .......... Appellant Attupuratt House, Thalassesry, Kannur 670676 [Pan: Abfbi7471M] Vs. The Income Tax Officer, Ward-2, Kannur ......... Respondent Assessee By: Shri Ananthakrishnan R. Ca Revenue By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 07.11.2025 Date Of Pronouncement: 19.11.2025 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 (Nfac) Dated 01.09.2025 For Assessment Year (Ay) 2013-14. 2. Brief Facts Of The Case Are That The Appellant Is An Individual. The Return Of Income For Ay 2013-14 Was Filed On 22.03.2014 Disclosing Total Income Of Rs. 2,63,300/-. The Search & Seizure Operations U/S. 132 Of The Income Tax Act, 1961 (The Act) Was Conducted In The Business Premises Of Parco Group Of Concerns

For Appellant: Shri Ananthakrishnan R. CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 132Section 147Section 148Section 271(1)(c)Section 274

u/s. 148 of the Act. In our opinion provisions of Explanation 5A to section 271(1)(c) were squarely applicable to the facts of the present case, which reads as under: - “Failure to furnish returns, comply with notices, concealment of income, etc. 271. (1) If the Assessing Officer or the 98[Joint Commissioner (Appeals) or the] Commissioner (Appeals

SRI.MOHAMMED SHERIEF,KARUNAGAPPALLY vs. THE DCIT, KOLLAM

In the result, ITA No. 463/Coch/2016 is allowed and ITA No

ITA 463/COCH/2016[2007-08]Status: DisposedITAT Cochin14 May 2025AY 2007-08

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm

For Appellant: Shri Rajakannan, AdvocateFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 133ASection 153ASection 153C

seizure operations on Shri E. Shemsudeen. Therefore, we proceed to dispose of the grounds of appeal raised by the assessee as under. 6. Ground of appeal No. 1 is not pressed and dismissed as such. 7. Ground of appeal No. 2 challenges the addition made by the AO on account of low gross profit. The appellant submits that

SRI.MOHAMMED SHERIEF,KARUNAGAPPALLY vs. THE ACIT, CENTRAL CIRCLE, KOLLAM

In the result, ITA No. 463/Coch/2016 is allowed and ITA No

ITA 102/COCH/2023[2007-08]Status: DisposedITAT Cochin14 May 2025AY 2007-08

Bench: Shri Inturi Rama Rao, Am & Shri Soundararajan K., Jm

For Appellant: Shri Rajakannan, AdvocateFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 133ASection 153ASection 153C

seizure operations on Shri E. Shemsudeen. Therefore, we proceed to dispose of the grounds of appeal raised by the assessee as under. 6. Ground of appeal No. 1 is not pressed and dismissed as such. 7. Ground of appeal No. 2 challenges the addition made by the AO on account of low gross profit. The appellant submits that