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17 results for “penalty u/s 271”+ Section 139(9)clear

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Key Topics

Section 271(1)(c)35Section 14834Section 139(1)29Penalty16Section 80P14Section 271(1)12Addition to Income10Section 1478Section 282(1)

ABDULLA KATTIL KOTTUR,PALAKKAD vs. ITO, WARD 1 & TPS, PALAKKAD

In the result, appeal filed by the assessee is allowed

ITA 843/COCH/2024[2017-18]Status: DisposedITAT Cochin16 May 2025AY 2017-18

Bench: Shri Inturi Rama Rao & Shri Keshav Dubeyassessmentyear:2017-18 Abdulla Kattil Kottur Mp3/562 Selected Plaza Near Panchayath Mannarkad Ito Vs. Palakkad District Ward-1 & Tps Kerala 678 582 Palakkad Pan No :Azrpa9183C Appellant Respondent Appellant By : None Respondent By : Smt. Leena Lal, Sr. D.R. Date Of Hearing : 19.02.2025 Date Of Pronouncement : 16.05.2025 O R D E R Perkeshav Dubey: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of Cit(A)/Nfac Dated 26.7.2024 Vide Din & Order No.Itba/Nfac/S/250/2024-25/1067077218(1) For The Ay 2017- 18 Passed U/S 250 Of The Income Tax Act, 1961 (In Short “The Act”). 2. The Assessee Has Raised The Following Grounds Of Appeal: Abdulla Kattil Kottur, Palakkad Page 2 Of 10 Abdulla Kattil Kottur, Palakkad Page 3 Of 10

For Appellant: NoneFor Respondent: Smt. Leena Lal, Sr. D.R
Section 143(3)Section 250Section 271BSection 273BSection 44ASection 80D
8
Section 1447
Condonation of Delay5
Exemption4

139. 271B. [ Failure to get accounts audited. [Inserted by Act 21 of 1984, Section 30 (w.e.f. 1.4.1985).] - If any person fails ][* * *] [ Omitted by Act 46 of 1986, Section 21 (w.e.f. 10.9.1986).] to get his accounts audited in respect of any previous year or years relevant to an assessment year or [furnish a report of such audit as required under section

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 before

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

139(1). As per Form No. 16 issued subsequently by M/s. HDFC Bank Limited, TDS has been remitted on 06-05-2010 to the Government Account as per challan no. 05194. During the course of hearing the assessee admitted the omission to offer the perquisite value of ESOP to tax. The accordingly concluded the u/s 143(3) assessing the total

VALSAN CHIYYABATH NARAYANAN,THRISSUR vs. DCIT CIRCLE 1(1)& TPS, THRISSUR

In the result, the appeals filed by the assessee stand dismissed

ITA 82/COCH/2025[2016-17]Status: DisposedITAT Cochin29 May 2025AY 2016-17

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav., Jm

For Appellant: ------- None -------For Respondent: Smt. Leena Lal, Sr. D.R
Section 139Section 139(1)Section 147Section 148Section 271(1)Section 271(1)(c)Section 273

139(1) could not be filed due to personal problems and there was no deliberate concealment of income, therefore, no penalty should be levied. Considering the above explanation, the AO proceeded with levy of penalty u/s. 271(1)(c) of the Act placing reliance on the decision of the Hon'ble Supreme Court in the case of Union of India

VALSAN CHIYYABATH,THRISSUR vs. DCIT CIRCLE 1(1)& TPS, THRISSUR

In the result, the appeals filed by the assessee stand dismissed

ITA 28/COCH/2025[2013-14]Status: DisposedITAT Cochin29 May 2025AY 2013-14

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav., Jm

For Appellant: ------- None -------For Respondent: Smt. Leena Lal, Sr. D.R
Section 139Section 139(1)Section 147Section 148Section 271(1)Section 271(1)(c)Section 273

139(1) could not be filed due to personal problems and there was no deliberate concealment of income, therefore, no penalty should be levied. Considering the above explanation, the AO proceeded with levy of penalty u/s. 271(1)(c) of the Act placing reliance on the decision of the Hon'ble Supreme Court in the case of Union of India

VALSAN CHIYYABATH NARAYANAN,THRISSUR vs. DCIT CIRCLE 1(1)& TPS, THRISSUR

In the result, the appeals filed by the assessee stand dismissed

ITA 80/COCH/2025[2014-15]Status: DisposedITAT Cochin29 May 2025AY 2014-15

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav., Jm

For Appellant: ------- None -------For Respondent: Smt. Leena Lal, Sr. D.R
Section 139Section 139(1)Section 147Section 148Section 271(1)Section 271(1)(c)Section 273

139(1) could not be filed due to personal problems and there was no deliberate concealment of income, therefore, no penalty should be levied. Considering the above explanation, the AO proceeded with levy of penalty u/s. 271(1)(c) of the Act placing reliance on the decision of the Hon'ble Supreme Court in the case of Union of India

VALSAN CHIYYABATH NARAYANAN,THRISSUR vs. DCIT CIRCLE 1(1)& TPS, THRISSUR

In the result, the appeals filed by the assessee stand dismissed

ITA 81/COCH/2025[2015-16]Status: DisposedITAT Cochin29 May 2025AY 2015-16

Bench: Shri Inturi Rama Rao, Am & Shri Prakash Chand Yadav., Jm

For Appellant: ------- None -------For Respondent: Smt. Leena Lal, Sr. D.R
Section 139Section 139(1)Section 147Section 148Section 271(1)Section 271(1)(c)Section 273

139(1) could not be filed due to personal problems and there was no deliberate concealment of income, therefore, no penalty should be levied. Considering the above explanation, the AO proceeded with levy of penalty u/s. 271(1)(c) of the Act placing reliance on the decision of the Hon'ble Supreme Court in the case of Union of India

THE KATTOOR SERVICE COOPERATIVE BANK LIMITED,THRISSUR vs. INCOME TAX OFFICER, WARD 2(1), THRISSUR, THRISSUR

In the result, the appeals filed by the assessee stand dismissed

ITA 561/COCH/2025[2016-17]Status: DisposedITAT Cochin26 Aug 2025AY 2016-17

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm

For Appellant: Shri Amaljith P.J., CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 139(1)Section 142(1)Section 144Section 147Section 148Section 250Section 271(1)(c)Section 69ASection 80P

penalty show cause notice dated 04.06.2024 issued u/s. 271(1)(c), the appellant came to know about the Order u/s 250. Immediately, on 05.06.2025, meeting of the Board of Directors of the Society was convened and decided to file the appeal before the Hon'ble ITAT, Cochin Bench against the Order of the CIT(A). Within 60 days from

THE KATTOOR SERVICE COOPERATIVE BANK LIMITED,THRISSUR vs. INCOME TAX OFFICER, WARD 2(1), THRISSUR, THRISSUR

In the result, the appeals filed by the assessee stand dismissed

ITA 559/COCH/2025[2014-15]Status: DisposedITAT Cochin26 Aug 2025AY 2014-15

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm

For Appellant: Shri Amaljith P.J., CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 139(1)Section 142(1)Section 144Section 147Section 148Section 250Section 271(1)(c)Section 69ASection 80P

penalty show cause notice dated 04.06.2024 issued u/s. 271(1)(c), the appellant came to know about the Order u/s 250. Immediately, on 05.06.2025, meeting of the Board of Directors of the Society was convened and decided to file the appeal before the Hon'ble ITAT, Cochin Bench against the Order of the CIT(A). Within 60 days from

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)

139(1) for the year under consideration despite having taxable income is deemed to have concealed the particulars of income for that particular assessment year notwithstanding the fact that the assessee filed return of income pursuant to notice u/s. 148 of the Act in terms of provisions of Explanation 3 to 4 Christudanam Yassaya section 271

SHOBHA RAMAKRISHNANA NAIR,ERNAKULAM vs. ITO, WARD 2, ALUVA

In the result, appeal filed by the assessee is partly allowed for statistical purposes

ITA 810/COCH/2024[2016-17]Status: DisposedITAT Cochin02 Apr 2025AY 2016-17

Bench: Shri Inturi Rama Rao & Shri Keshav Dubeyassessment Year: 2016-17 Shobha Ramakrishnan Nair Karthika Sebipuram Ito Ernakulam Ward-2 Vs. Manjapra So Aluva Kerala 683581 Pan No :Awrpr5406L Appellant Respondent Appellant By : None Respondent By : Smt. Leena Lal, Sr. D.R. Date Of Hearing : 30.01.2025 Date Of Pronouncement : 02.04.2025 O R D E R Per Keshav Dubey: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of Ld. Cit(A)/Nfac Dated 22.12.2023 Vide Din & Order No. Itba/Nfac/S/250/2023-24/1059003947(1) For The Ay 2016- 17 Passed U/S 250 Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: NoneFor Respondent: Smt. Leena Lal, Sr. D.R
Section 250

139(4) of the Act. In view of this, the case of the assessee was re-opened u/s. 147 of the Act and accordingly, notice u/s. 148 of the Act dated 30.03.2021 was issued. The assessee had also not filed any return of income in response to notice u/s. 148 of the Act. Thereafter, notices u/s

MUDIYILATHU RADHAKRISHNAKURUP RESMIKALA,CHENGANNOOR vs. ITO, WARD-2, THIRUVALLA, THIRUVALLA

In the result, the appeals filed by the assessee stand partly allowed for statistical purposes

ITA 725/COCH/2025[2015-16]Status: DisposedITAT Cochin20 Nov 2025AY 2015-16

Bench: Shri Inturi Rama Rao, Am & Shri Manu Kumar Giri, Jm

For Appellant: Shri Lokanathan, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 12A(1)(ac)Section 139(1)Section 144Section 271(1)Section 271(1)(c)Section 282(1)

139(1) of the Income Tax Act, 1961 (the Act) for AY 2015- 16. Subsequently, the assessment was reopened by the assessing authority and the assessment came to be completed u/s. 144 of the Act at total income of Rs. 60,88,820/-. Based on the addition made, the assessing authority initiated penalty proceedings u/s. 271

MUDIYILATHU RADHAKRISHNAKURUP RESMIKALA,CHENGANNOOR vs. ITO, WARD-2, THIRUVALLA, THIRUVALLA

In the result, the appeals filed by the assessee stand partly allowed for statistical purposes

ITA 722/COCH/2025[2015-16]Status: DisposedITAT Cochin20 Nov 2025AY 2015-16

Bench: Shri Inturi Rama Rao, Am & Shri Manu Kumar Giri, Jm

For Appellant: Shri Lokanathan, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 12A(1)(ac)Section 139(1)Section 144Section 271(1)Section 271(1)(c)Section 282(1)

139(1) of the Income Tax Act, 1961 (the Act) for AY 2015- 16. Subsequently, the assessment was reopened by the assessing authority and the assessment came to be completed u/s. 144 of the Act at total income of Rs. 60,88,820/-. Based on the addition made, the assessing authority initiated penalty proceedings u/s. 271

MUDIYILATHU RADHAKRISHNAKURUP RESMIKALA,CHENGANNOOR vs. ITO, WARD-2, THIRUVALLA, THIRUVALLA

In the result, the appeals filed by the assessee stand partly allowed for statistical purposes

ITA 723/COCH/2025[2015-16]Status: DisposedITAT Cochin20 Nov 2025AY 2015-16

Bench: Shri Inturi Rama Rao, Am & Shri Manu Kumar Giri, Jm

For Appellant: Shri Lokanathan, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 12A(1)(ac)Section 139(1)Section 144Section 271(1)Section 271(1)(c)Section 282(1)

139(1) of the Income Tax Act, 1961 (the Act) for AY 2015- 16. Subsequently, the assessment was reopened by the assessing authority and the assessment came to be completed u/s. 144 of the Act at total income of Rs. 60,88,820/-. Based on the addition made, the assessing authority initiated penalty proceedings u/s. 271

MUDIYILATHU RADHAKRISHNAKURUP RESMIKALA,CHENGANNOOR vs. ITO, WARD-2, THIRUVALLA, THIRUVALLA

In the result, the appeals filed by the assessee stand partly allowed for statistical purposes

ITA 724/COCH/2025[2015-16]Status: DisposedITAT Cochin20 Nov 2025AY 2015-16

Bench: Shri Inturi Rama Rao, Am & Shri Manu Kumar Giri, Jm

For Appellant: Shri Lokanathan, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 12A(1)(ac)Section 139(1)Section 144Section 271(1)Section 271(1)(c)Section 282(1)

139(1) of the Income Tax Act, 1961 (the Act) for AY 2015- 16. Subsequently, the assessment was reopened by the assessing authority and the assessment came to be completed u/s. 144 of the Act at total income of Rs. 60,88,820/-. Based on the addition made, the assessing authority initiated penalty proceedings u/s. 271

AKM ERECTORS,ERNAKULAM vs. COMMISSIONER OF INCOME TAX, KOCHI, KOCHI

In the result, the appeals filed by the assessee stand partly allowed

ITA 185/COCH/2025[2016-2017]Status: DisposedITAT Cochin13 May 2025AY 2016-2017

Bench: Shri George George K., Vp & Shri Inturi Rama Rao, Am

For Appellant: Smt. Parvathy Ammal, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 139(1)Section 142(1)Section 147Section 148Section 44A

139(1) of the Income Tax Act, 1961 (the Act). The Commissioner of Income Tax, Cochi (hereinafter called "the AO") based on the information that the appellant had a substantial contract receipts formed an opinion that income escaped assessment to tax. Accordingly notice u/s. 148 of the Act was issued on 30.03.2021. The appellant neither complied with the notice u/s

AKM ERECTORS,ERNAKULAM vs. COMMISSIONER OF INCOME-TAX, KOCHI, KOCHI

In the result, the appeals filed by the assessee stand partly allowed

ITA 184/COCH/2025[2016-17]Status: DisposedITAT Cochin13 May 2025AY 2016-17

Bench: Shri George George K., Vp & Shri Inturi Rama Rao, Am

For Appellant: Smt. Parvathy Ammal, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 139(1)Section 142(1)Section 147Section 148Section 44A

139(1) of the Income Tax Act, 1961 (the Act). The Commissioner of Income Tax, Cochi (hereinafter called "the AO") based on the information that the appellant had a substantial contract receipts formed an opinion that income escaped assessment to tax. Accordingly notice u/s. 148 of the Act was issued on 30.03.2021. The appellant neither complied with the notice u/s