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54 results for “penalty u/s 271”+ Section 143(3)clear

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Key Topics

Section 271(1)(c)54Section 143(3)50Section 271D34Addition to Income34Section 269S33Penalty33Cash Deposit25Reassessment21Section 27120Demonetization

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

Showing 1–20 of 54 · Page 1 of 3

19
Section 118
Comparables/TP18

143(3) of the Act after verification of documents produced by the assessee. Since the assessee had not filed Audit Report within time, the AO also proposed to impose penalty u/s 271B of the Actby issuing notice dated 16/03/2022 and DIN: ITBA/PNUF/271B/2021-22/1040862460(1).The show Cause notices dated 20/11/2019, 12/05/2021 were issued to the assessee. A letter dt 12/01/2022

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

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

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, the AO/NFAC passed penalty order u/s. 271(1)(C) of the Act on 10.02.2022 ( penalty imposed Rs. 38,669/- being 100% of the tax sought to be evaded). 5. Aggrieved by the order imposing penalty. The assessee filed appeal

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

143(3) assessing the total income at Rs. 28,50,939/- and demanded tax Rs. 8,97,240/- including interest. The AO while concluding the assessment brought to tax Rs. 25,935/- which the assessee had received as retirement benefit and also capital gain Rs. 27,710/- on sale of 1900 shares of Indian Company was not declared

YOONUS KADAVATH PEEDIKAYIL,KANNUR vs. ITO WARD 1 & TPS, KANNUR

In the result, the appeal by the assessee is dismissed

ITA 913/COCH/2022[2016-17]Status: DisposedITAT Cochin25 Sept 2023AY 2016-17

Bench: Shri Sanjay Arora & Shri Manomohan Dasyoonus Kadavath Peedikayil The Income Tax Officer M/S. Modern Enterprises Ward – 1 & Tps Kakkad Road Vs. Aayakar Bhavan Kannur 670005 Kannothumchal [Pan:Ccwpk6415P] Chovva P.O., Kannur 670006 (Appellant) (Respondent) Appellant By: Shri R. Krishnan, Ca Respondent By: Smt. J.M. Jamuna Devi, Sr. D.R.

For Appellant: Shri R. Krishnan, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 143(3)Section 271(1)(c)Section 274Section 44A

143(3) dated 20.11.2018, and proceedings for levy of penalty u/s. 271(1)(c) of the Act initiated by the simultaneous issue of notice u/s.274. Penalty was levied and, further, confirmed in appeal, in the absence of any explanation by the assessee, at the minimum rate of 100% of the tax sought to be evaded. Aggrieved, the assessee

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

143(3) in the case of theassessee. The assessee also enclosed income tax returns of the creditors,wherein, it is observed that the interest payment was duly accounted and admitted as income in their hands. From the above information, we find thatthe transactions are genuine and duly accounted in the books of accounts of the respective persons. There

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

143(3) in the case of theassessee. The assessee also enclosed income tax returns of the creditors,wherein, it is observed that the interest payment was duly accounted and admitted as income in their hands. From the above information, we find thatthe transactions are genuine and duly accounted in the books of accounts of the respective persons. There

JOMON JOHN,BAZAR vs. I. T. O, WARD 2, ALAPPUZHA

In the result, the appeal of the assessee is allowed

ITA 578/COCH/2024[2017-18]Status: DisposedITAT Cochin29 Apr 2025AY 2017-18

Bench: SHRI INTURI RAMA RAO (Accountant Member), SHRI KESHAV DUBEY (Judicial Member)

For Appellant: Shri R. Krishnan, A.RFor Respondent: Smt. Leena Lal, Sr. D.R
Section 142(1)Section 143(3)Section 144Section 250Section 271Section 272A(1)(d)Section 274

penalty u/s. 271 (1)(d) should not be levied. 8. The ld. DR on the other hand supported the orders of the authorities below. 9. We have heard the rival submissions and perused the material available on record. It is an undisputed fact that the AO has passed the assessment order u/s. 143(3

HERCULES AUTOMOBILES INTERNATIONAL PRIVATE LIMITED,THIRUVANANTHAPURAM vs. AO TYPE-W, AAYAKAR BHAWAN, ALLEPPEY

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

ITA 776/COCH/2025[2012-13]Status: DisposedITAT Cochin20 Nov 2025AY 2012-13

Bench: Shri Inturi Rama Rao, Am & Shri Manu Kumar Giri, Jm Assessment Year: 2012-13 Hercules Automobiles International P. Ltd. .......... Appellant Tc No.16/1860, Dpi Road, Thycaud S.O. Chempakassery, Thiruvananthapuram 695014 [Pan: Aabcn2898M] Vs. Dcit, Circle - 1, Alappuzha ......... Respondent Assessee By: Shri Jose Zachariah, Ca Revenue By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 06.11.2025 Date Of Pronouncement: 20.11.2025

For Appellant: Shri Jose Zachariah, CAFor Respondent: Smt. Leena Lal, Sr. D.R
Section 143(3)Section 148Section 14ASection 271(1)(c)Section 274

143(3) r.w.s. 147 of the Act at total loss of Rs. 3,36,83,226/-. While doing so, the AO disallowed the loss on account of foreign currency transaction of Rs. 21,84,084/-. The said assessment order attained finality as the appellant had chosen not to contest further. The AO had initiated penalty proceedings u/s. 274 r.w.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

143(3) r.w.s. 153A of the Act at a total income of Rs. 16,14,73,030/- by making the following additions to the returned income: - i) Capital gain Rs. 8,74,837 ii) Profit from land sale Rs. 10,66,19,832 iii) Rent Rs. 1,08,000 iv) Credits in FB Olarikkara Rs. 3

SHRI.PRAKASH R. NAIR,KOLLAM vs. DCIT, KOLLAM

In the result, the assessee’s appeal is partly allowed for statistical purposes

ITA 141/COCH/2021[2000-2001]Status: DisposedITAT Cochin17 Jan 2024AY 2000-2001

Bench: Shri Sanjay Arora & Shri Manomohan Dasprakash R. Nair Dy.Cit, Central Circle Prop. Dhanya Foods Kollam Kochuppilammoodu Vs. Kollam 691001 [Pan:Abfpn4424P] (Appellant) (Respondent)

For Appellant: Shri R. Vijayaraghavan, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 143(1)Section 148(1)Section 271(1)(c)Section 274Section 80Section 801A(9)Section 80HSection 80I

143(1), i.e., as such, granting refund for Rs.18.62 lakhs, on 15.03.2002. Subsequently, on 16.04.2002, notice u/s. 148(1) was issued, which was responded to by filing a return of income on 06.06.2003 at Rs.19,30,992, i.e., at an increase of Rs.1,02,199, retaining deduction u/c. VI-A at Rs.4.15 crores, even as that u/s. 80HHC stands enhanced

SALIM MOHAMMED KABEER,THIRUVANANTHAPURAM vs. ITO, WARD-1(3), TRIVANDRUM

In the result, both appeals of the assessee bearing ITA No

ITA 653/COCH/2025[2008-09]Status: DisposedITAT Cochin13 Nov 2025AY 2008-09

Bench: the Ld. CIT(A). The Ld. CIT(A), however, dismissed the appeal for non-prosecution and thereby upheld the penalty order passed by the Ld. AO. Being aggrieved the assessee filed an appeal before us.4. During the appeal before us the Ld.AR submitted the paper book containing pages of 1- 89, which is kept in record. The Ld.AR stated that the assessee was not allowed to submit the evidences before the Ld. CIT(A) though reasonable opportunity was denied.

For Appellant: Shri Suresh Kumar, C.AFor Respondent: Shri Leena Lal, (SR.AR.)
Section 143(3)Section 250Section 271(1)(c)

u/s. 143(3) r.w.s 143(3) A, 143(3) B of the Act, order passed by National E Assessment Centre, Delhi dated 26.02.2001. 2. Both the appeals are related to penalty as well as quantum intwo different years. Both the appeals are taken together, heard together and disposed of by the common order. ITA No. 653/COCH/2025 is taken as lead

SALIM MOHAMMED KABEER,THIRUVANANTHAPURAM vs. ITO, WARD-1(3), TRIVANDRUM

In the result, both appeals of the assessee bearing ITA No

ITA 654/COCH/2025[2018-19]Status: DisposedITAT Cochin13 Nov 2025AY 2018-19

Bench: the Ld. CIT(A). The Ld. CIT(A), however, dismissed the appeal for non-prosecution and thereby upheld the penalty order passed by the Ld. AO. Being aggrieved the assessee filed an appeal before us.4. During the appeal before us the Ld.AR submitted the paper book containing pages of 1- 89 which is kept in record. The Ld.AR stated that the assessee was not allowed to submit the evidences before the Ld. CIT(A) though reasonable opportunity was denied.

For Appellant: Shri Suresh Kumar, C.AFor Respondent: Shri Leena Lal, (SR.AR.)
Section 143(3)Section 250Section 271(1)(c)

u/s. 143(3) r.w.s 143(3) A, 143(3) B of the Act, order passed by National E Assessment Centre, Delhi dated 26.02.2001. 2. Both the appeals are related to penalty as well as quantum intwo different years. Both the appeals are taken together, heard together and disposed of by the common order. ITA No. 653/COCH/2025 is taken as lead

KADUNGAMPARAMBIL MANUAL GEORGE JOSEPH,ERNAKULAM vs. ITO , NON CORPORATE WARD 2(4) & TPS, KOCHI

Appeals are allowed for statistical purposes in above terms

ITA 8/COCH/2023[2013-14]Status: DisposedITAT Cochin22 Aug 2024AY 2013-14

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Ms. Lakshmi, CAFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 1Section 143(3)

143(3) r.w.s. 147 assessment(s), 271(1)(c), 271AAA, 271B penlty, etc. This is for the precise reason that there was a search carried out at assessee’s business premises who is engaged in LPG distribution business. Both the counsel(s) fairly submit before us that the first substantial issue that invites our apt adjudication is estimation of assessee

KADUNGAMPARAMBIL MANUAL GEORGE JOSEPH,ERNAKULAM vs. ITO , NON CORPORATE WARD 2(4) & TPS, KOCHI

Appeals are allowed for statistical purposes in above terms

ITA 7/COCH/2023[2013-14]Status: DisposedITAT Cochin22 Aug 2024AY 2013-14

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Ms. Lakshmi, CAFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 1Section 143(3)

143(3) r.w.s. 147 assessment(s), 271(1)(c), 271AAA, 271B penlty, etc. This is for the precise reason that there was a search carried out at assessee’s business premises who is engaged in LPG distribution business. Both the counsel(s) fairly submit before us that the first substantial issue that invites our apt adjudication is estimation of assessee

KADUNGAMPARAMBIL MANUAL GEORGE JOSEPH,ERNAKULAM vs. ITO , NON CORPORATE WARD 2(4) & TPS, KOCHI

Appeals are allowed for statistical purposes in above terms

ITA 18/COCH/2023[2017-18]Status: DisposedITAT Cochin22 Aug 2024AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Ms. Lakshmi, CAFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 1Section 143(3)

143(3) r.w.s. 147 assessment(s), 271(1)(c), 271AAA, 271B penlty, etc. This is for the precise reason that there was a search carried out at assessee’s business premises who is engaged in LPG distribution business. Both the counsel(s) fairly submit before us that the first substantial issue that invites our apt adjudication is estimation of assessee

KADUNGAMPARAMBIL MANUAL GEORGE JOSEPH,ERNAKULAM vs. ITO , NON CORPORATE WARD 2(4) & TPS, KOCHI

Appeals are allowed for statistical purposes in above terms

ITA 3/COCH/2023[2011-12]Status: DisposedITAT Cochin22 Aug 2024AY 2011-12

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Ms. Lakshmi, CAFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 1Section 143(3)

143(3) r.w.s. 147 assessment(s), 271(1)(c), 271AAA, 271B penlty, etc. This is for the precise reason that there was a search carried out at assessee’s business premises who is engaged in LPG distribution business. Both the counsel(s) fairly submit before us that the first substantial issue that invites our apt adjudication is estimation of assessee

KADUNGAMPARAMBIL MANUAL GEORGE JOSEPH,ERNAKULAM vs. ITO , NON CORPORATE WARD 2(4) & TPS, KOCHI

Appeals are allowed for statistical purposes in above terms

ITA 11/COCH/2023[2014-15]Status: DisposedITAT Cochin22 Aug 2024AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Ms. Lakshmi, CAFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 1Section 143(3)

143(3) r.w.s. 147 assessment(s), 271(1)(c), 271AAA, 271B penlty, etc. This is for the precise reason that there was a search carried out at assessee’s business premises who is engaged in LPG distribution business. Both the counsel(s) fairly submit before us that the first substantial issue that invites our apt adjudication is estimation of assessee

KADUNGAMPARAMBIL MANUAL GEORGE JOSEPH,ERNAKULAM vs. ITO , NON CORPORATE WARD 2(4) & TPS, KOCHI

Appeals are allowed for statistical purposes in above terms

ITA 12/COCH/2023[2014-15]Status: DisposedITAT Cochin22 Aug 2024AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Ms. Lakshmi, CAFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 1Section 143(3)

143(3) r.w.s. 147 assessment(s), 271(1)(c), 271AAA, 271B penlty, etc. This is for the precise reason that there was a search carried out at assessee’s business premises who is engaged in LPG distribution business. Both the counsel(s) fairly submit before us that the first substantial issue that invites our apt adjudication is estimation of assessee

KADUNGAMPARAMBIL MANUAL GEORGE JOSEPH,ERNAKULAM vs. ITO , NON CORPORATE WARD 2(4) & TPS, KOCHI

Appeals are allowed for statistical purposes in above terms

ITA 9/COCH/2023[2013-14]Status: DisposedITAT Cochin22 Aug 2024AY 2013-14

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Ms. Lakshmi, CAFor Respondent: Smt. V. Swarnalatha, Sr. D.R
Section 1Section 143(3)

143(3) r.w.s. 147 assessment(s), 271(1)(c), 271AAA, 271B penlty, etc. This is for the precise reason that there was a search carried out at assessee’s business premises who is engaged in LPG distribution business. Both the counsel(s) fairly submit before us that the first substantial issue that invites our apt adjudication is estimation of assessee