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32 results for “penalty u/s 271”+ Section 10(38)clear

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Key Topics

Section 201(1)40Section 271C30Section 20120Section 271(1)(c)19Penalty19Addition to Income17Section 143(3)11TDS11Unexplained Investment

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 271A

Showing 1–20 of 32 · Page 1 of 2

11
Section 194J10
Section 139(1)7
Section 1486
Section 68
Section 69

38) was completed on 15.03.2021 in the case of M/s Pazhayangadi G Gold for the AY 2018-19 by assessing total income at Rs.3,31,24,523/-. On perusal of the assessment order it is seen that in para 8 the following remark has been made and the penalty proceedings were initiated. "In view of the unexplained credit in capital

SMT. AMINA ANVAR,KOLLAM vs. THE DCIT, CIRCLE 1, ALAPPUZHA, ALAPPUZHA

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

ITA 850/COCH/2022[2016-2017]Status: DisposedITAT Cochin09 Mar 2023AY 2016-2017

Bench: Shri George George K. & Ms. Padmavathy S.Amina Anvar Vs Dcit,Circle -1 Alappuzha City Opticals, Pipson Complex Pada South, Karunagappally Kollam Kerala-690 518 Pan – Agmpa5574B (Appellant) (Respondent) Assessee By: Sri. Rajakannan, Advocate Revenue By: Smt. J.M. Jamuna Devi, Sr. Ar Date Of Hearing: 02.03.2023 Date Of Pronouncement: 09.03.2023 O R D E R Per: George George K., J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Cit(A)/Nfac, Delhi Dated 30.06.2022 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act). The Relevant Assessment Year Is 2016-17. 2. The Solitary Issue That Arises For Our Consideration Is Whether The Ld.Cit(A) Is Justified In Confirming The Imposition Of Penalty U/S. 271(1)(C) Of The I.T.Act Amounting To Rs. 38,669/-.

For Appellant: Sri. Rajakannan, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr. AR
Section 143(3)Section 250Section 271(1)Section 271(1)(C)Section 271(1)(c)Section 37

10,75,430/-. The AO made the disallowance u/s. 37 of the I.T.Act to the tune of Rs. 1,50,000/- pertaining to claim of expenses relatable to purchases made. 4. Pursuant to the reassessment order passed u/s. 143(3) r.w.s. 147 of the I.T.Act, 1961, the penalty proceedings were initiated u/s. 271(1)(C) of the Act. Subsequently

SRI.O.G.SUNIL,COCHIN vs. DCIT, ERNAKULAM

In the result, the appeals of the assessee in ITA Nos

ITA 47/COCH/2014[2004-05]Status: DisposedITAT Cochin30 Apr 2019AY 2004-05

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

38,714/-. The confirmation of the assessment of an income of Rs. 2,31,88,160/- is bad as the entire transactions on the basis of the bank statements have been explained during the course of remand, before the learned Tribunal and also before the Hon'ble High Court, however the same was not taken judicial note of. g) Because

SRI.O.G.SUNIL,COCHIN vs. DCIT, ERNAKULAM

In the result, the appeals of the assessee in ITA Nos

ITA 46/COCH/2014[2003-04]Status: DisposedITAT Cochin30 Apr 2019AY 2003-04

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

38,714/-. The confirmation of the assessment of an income of Rs. 2,31,88,160/- is bad as the entire transactions on the basis of the bank statements have been explained during the course of remand, before the learned Tribunal and also before the Hon'ble High Court, however the same was not taken judicial note of. g) Because

SRI.O.G.SUNIL,COCHIN vs. DCIT, ERNAKULAM

In the result, the appeals of the assessee in ITA Nos

ITA 50/COCH/2014[2007-08]Status: DisposedITAT Cochin30 Apr 2019AY 2007-08

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

38,714/-. The confirmation of the assessment of an income of Rs. 2,31,88,160/- is bad as the entire transactions on the basis of the bank statements have been explained during the course of remand, before the learned Tribunal and also before the Hon'ble High Court, however the same was not taken judicial note of. g) Because

SMT.ASHA MENON( ASHA SUNIL),COCHIN vs. THE ACIT(CEN,CIRCLE, ERNAKULAM

In the result, the appeals of the assessee in ITA Nos

ITA 596/COCH/2018[2008-09]Status: DisposedITAT Cochin30 Apr 2019AY 2008-09

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

38,714/-. The confirmation of the assessment of an income of Rs. 2,31,88,160/- is bad as the entire transactions on the basis of the bank statements have been explained during the course of remand, before the learned Tribunal and also before the Hon'ble High Court, however the same was not taken judicial note of. g) Because

SRI.O.G.SUNIL,COCHIN vs. DCIT, ERNAKULAM

In the result, the appeals of the assessee in ITA Nos

ITA 48/COCH/2014[2005-06]Status: DisposedITAT Cochin30 Apr 2019AY 2005-06

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

38,714/-. The confirmation of the assessment of an income of Rs. 2,31,88,160/- is bad as the entire transactions on the basis of the bank statements have been explained during the course of remand, before the learned Tribunal and also before the Hon'ble High Court, however the same was not taken judicial note of. g) Because

SRI.O.G.SUNIL,COCHIN vs. DCIT, ERNAKULAM

In the result, the appeals of the assessee in ITA Nos

ITA 49/COCH/2014[2006-07]Status: DisposedITAT Cochin30 Apr 2019AY 2006-07

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

38,714/-. The confirmation of the assessment of an income of Rs. 2,31,88,160/- is bad as the entire transactions on the basis of the bank statements have been explained during the course of remand, before the learned Tribunal and also before the Hon'ble High Court, however the same was not taken judicial note of. g) Because

SRI.O.G.SUNIL,COCHIN vs. DCIT, ERNAKULAM

In the result, the appeals of the assessee in ITA Nos

ITA 51/COCH/2014[2008-09]Status: DisposedITAT Cochin30 Apr 2019AY 2008-09

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

38,714/-. The confirmation of the assessment of an income of Rs. 2,31,88,160/- is bad as the entire transactions on the basis of the bank statements have been explained during the course of remand, before the learned Tribunal and also before the Hon'ble High Court, however the same was not taken judicial note of. g) Because

SMT.ASHA MENON( ASHA SUNIL),COCHIN vs. THE DCIT, ERNAKULAM

In the result, the appeals of the assessee in ITA Nos

ITA 594/COCH/2018[2006-07]Status: DisposedITAT Cochin30 Apr 2019AY 2006-07

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

38,714/-. The confirmation of the assessment of an income of Rs. 2,31,88,160/- is bad as the entire transactions on the basis of the bank statements have been explained during the course of remand, before the learned Tribunal and also before the Hon'ble High Court, however the same was not taken judicial note of. g) Because

SMT.ASHA MENON( ASHA SUNIL),COCHIN vs. THE ACIT(CEN,CIRCLE, ERNAKULAM

In the result, the appeals of the assessee in ITA Nos

ITA 595/COCH/2018[2007-08]Status: DisposedITAT Cochin30 Apr 2019AY 2007-08

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

38,714/-. The confirmation of the assessment of an income of Rs. 2,31,88,160/- is bad as the entire transactions on the basis of the bank statements have been explained during the course of remand, before the learned Tribunal and also before the Hon'ble High Court, however the same was not taken judicial note of. g) Because

MR.BABU MATHEW,COCHIN vs. THE ACIT, COCHIN

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

ITA 96/COCH/2016[2009-10]Status: DisposedITAT Cochin19 Jan 2018AY 2009-10

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

Section 133ASection 139(1)Section 143(3)Section 148Section 271(1)(c)Section 69

38,090/-. The Assessing Officer initiated penalty proceedings and passed an order under section 271(1)(c) levying a penalty of Rs.40,70,658/-. The Assessing Officer has stated that the additional income of Rs.1,01,36,100/- declared by the assessee was only after the survey operations and therefore it is clear that had the survey been not conducted

MR.BABU MATHEW,COCHIN vs. THE ACIT, COCHIN

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

ITA 95/COCH/2016[2008-09]Status: DisposedITAT Cochin19 Jan 2018AY 2008-09

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

Section 133ASection 139(1)Section 143(3)Section 148Section 271(1)(c)Section 69

38,090/-. The Assessing Officer initiated penalty proceedings and passed an order under section 271(1)(c) levying a penalty of Rs.40,70,658/-. The Assessing Officer has stated that the additional income of Rs.1,01,36,100/- declared by the assessee was only after the survey operations and therefore it is clear that had the survey been not conducted

MR. RANJITH THAZHE KUNHAMBATH,ERNAKULAM vs. ITO, WARD 3(3), NON CORPORATE RANGE 2, KOCHI

In the result, the appeal is allowed in favour of the assessee and the stay petition is dismissed as infructuous

ITA 1000/COCH/2022[2011-12]Status: DisposedITAT Cochin08 Mar 2023AY 2011-12

Bench: Shri George George K & Ms. Padmavathy S

For Appellant: Shri. Paulson, CAFor Respondent: Smt. J M Jamuna Devi, Sr. AR
Section 139(1)Section 143(1)Section 143(2)Section 143(3)Section 154Section 271Section 271(1)(c)Section 274

section 271 (1) (iii) of the Income Tax Act, 1961, penalty u/s 271 (1) (c) shall be the amount of tax sought to be evaded by reason of the concealment of particulars of income. In the case of the assessee, entire tax has been paid much before filing return of income by M/s. HDFC Bank Limited, the person responsible

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)

10 of the Judgement, with para 11 conveying its decision, reading as under: - “11. The only case of the assessee is that if the period of limitation prescribed in section 271(1)(c) is reckoned from the date of the assessment order dated 5 ITANos. 248 & 249/Coch/2020 (AY: 2015-16) The Karannur Service Co-op. Bank Ltd. vs. ITO November

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)

10 of the Judgement, with para 11 conveying its decision, reading as under: - “11. The only case of the assessee is that if the period of limitation prescribed in section 271(1)(c) is reckoned from the date of the assessment order dated 5 ITANos. 248 & 249/Coch/2020 (AY: 2015-16) The Karannur Service Co-op. Bank Ltd. vs. ITO November

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)

u/s 271 (l)(c) is initiated for concealment of income," 9. During the course of hearing, the learned for the appellant produced before us order No.TRL-08/06-07 dated 08,08.2007, whereby the penalty proceedings under Section 67 of the Act were compounded by the assessee on payment of Rs.28000/- as compounding fee. This order shows that the total suppression

M/S.PRINCE ROLLER FLOUR MILLS P. LTD,PALAKKAD vs. THE ACIT, KOCHI

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

ITA 36/COCH/2019[2009-10]Status: DisposedITAT Cochin20 Dec 2019AY 2009-10

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

Section 132Section 143(2)Section 153A

Penalty proceedings u/s. 271(1)(c) of the Income Tax Act were initiated separately. Accordingly, the assessment was completed as under: Income from Business[as returned] Rs. 4812959/- Addition (as per para 5.3] Rs.18041977/- Total Rs.22854956/- Less: Chapter VIA Deduction (80G) Rs. 2500/- Total Income Assessed Rs.22852436/- AY 2014-15 Table 1 Sl. Products Qty. Produced Production Sale Value Sale

THE ACIT, KOCHI vs. M/S.PRINCE ROLLER FLOUR MILLS P. LTD, PALAKKAD

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

ITA 21/COCH/2019[2009-10]Status: DisposedITAT Cochin16 Dec 2019AY 2009-10

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

Section 132Section 143(2)Section 153A

Penalty proceedings u/s. 271(1)(c) of the Income Tax Act were initiated separately. Accordingly, the assessment was completed as under: Income from Business[as returned] Rs. 4812959/- Addition (as per para 5.3] Rs.18041977/- Total Rs.22854956/- Less: Chapter VIA Deduction (80G) Rs. 2500/- Total Income Assessed Rs.22852436/- AY 2014-15 Table 1 Sl. Products Qty. Produced Production Sale Value Sale

CHRISTUDANAM YASSAYA,THIRUVANANTHAPURAM vs. ITO, WARD 1(1), THIRUVANANTHAPURAM

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

ITA 840/COCH/2024[2011-12]Status: DisposedITAT Cochin10 Feb 2025AY 2011-12

Bench: Shri Inturi Rama Rao, Am Assessment Year: 2011-12 Christudanam Yassaya .......... Appellant Bathel Kp 17A Maruthoor, Vattapara P.O. Thiruvananthapuram 695028 [Pan: Acmpy4412C] Vs. The Income Tax Officer, Ward-1(1) .......... Respondent Aayakar Bhavan, Kowdiar Thiruvananthapuram 695003

For Appellant: ------- None -------For Respondent: Smt. Leena Lal, Sr. D.R
Section 139(1)Section 142Section 144Section 148Section 264Section 271Section 271(1)(c)

38,32,110/-. 3. The appellant, in response to the show cause notice u/s. 271(1)(c) of the Act, could not file original return of income as he was under treatment for psychological issues. However, the AO rejected the above explanation and proceeded with levy of penalty of Rs. 9,96,672/- vide order dated 27.09.2021. 4. Being aggrieved