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36 results for “penalty u/s 271”+ Section 23clear

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Key Topics

Section 201(1)40Section 271C30Addition to Income21Section 20120Penalty20Section 271(1)(c)13Section 271D12TDS12Section 194J10

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)

23 lakhs was given as advance for the properties purchased by their father out of the money sent to him by Demand Drafts by his sons. In their absence, he was looking after their affairs here. But he expired during the FY 2006-07. Though the appellant requested for some time to gather those details, the same was denied

Showing 1–20 of 36 · Page 1 of 2

Unexplained Investment9
Section 2746
Section 80H5

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

271(1)(c) of the Act at 200% on the tax sought to be evaded. The CIT(A) has reduced the penalty to 100%. It was submitted that the major addition during the year on which penalty was levied was in respect of gift of Rs. 6,63,84,947/ received by the assessee by transfer from the NRE account

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

271(1)(c) of the Act at 200% on the tax sought to be evaded. The CIT(A) has reduced the penalty to 100%. It was submitted that the major addition during the year on which penalty was levied was in respect of gift of Rs. 6,63,84,947/ received by the assessee by transfer from the NRE account

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

271(1)(c) of the Act at 200% on the tax sought to be evaded. The CIT(A) has reduced the penalty to 100%. It was submitted that the major addition during the year on which penalty was levied was in respect of gift of Rs. 6,63,84,947/ received by the assessee by transfer from the NRE account

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

271(1)(c) of the Act at 200% on the tax sought to be evaded. The CIT(A) has reduced the penalty to 100%. It was submitted that the major addition during the year on which penalty was levied was in respect of gift of Rs. 6,63,84,947/ received by the assessee by transfer from the NRE account

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

271(1)(c) of the Act at 200% on the tax sought to be evaded. The CIT(A) has reduced the penalty to 100%. It was submitted that the major addition during the year on which penalty was levied was in respect of gift of Rs. 6,63,84,947/ received by the assessee by transfer from the NRE account

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

271(1)(c) of the Act at 200% on the tax sought to be evaded. The CIT(A) has reduced the penalty to 100%. It was submitted that the major addition during the year on which penalty was levied was in respect of gift of Rs. 6,63,84,947/ received by the assessee by transfer from the NRE account

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

271(1)(c) of the Act at 200% on the tax sought to be evaded. The CIT(A) has reduced the penalty to 100%. It was submitted that the major addition during the year on which penalty was levied was in respect of gift of Rs. 6,63,84,947/ received by the assessee by transfer from the NRE account

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

271(1)(c) of the Act at 200% on the tax sought to be evaded. The CIT(A) has reduced the penalty to 100%. It was submitted that the major addition during the year on which penalty was levied was in respect of gift of Rs. 6,63,84,947/ received by the assessee by transfer from the NRE account

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

271(1)(c) of the Act at 200% on the tax sought to be evaded. The CIT(A) has reduced the penalty to 100%. It was submitted that the major addition during the year on which penalty was levied was in respect of gift of Rs. 6,63,84,947/ received by the assessee by transfer from the NRE account

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

23 days is condoned by considering the assessee’s condonation petition explaining the delay(s) as well as going by the decision in the case of Collector Land Acquisition v. Mst.Katiji & Ors. (1987) 167 ITR 471 (SC) settling the issue long back that all such technical aspects 2 ITA No.165 & 54/Coch/2024. Indira Gandhi Memorial Trust. must make

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

23 days is condoned by considering the assessee’s condonation petition explaining the delay(s) as well as going by the decision in the case of Collector Land Acquisition v. Mst.Katiji & Ors. (1987) 167 ITR 471 (SC) settling the issue long back that all such technical aspects 2 ITA No.165 & 54/Coch/2024. Indira Gandhi Memorial Trust. must make

DR. K.E. MOORTHY,PATHANAMTHITTA vs. DCIT, KOLLAM

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

ITA 637/COCH/2008[2000-01]Status: DisposedITAT Cochin18 Jul 2019AY 2000-01

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

Section 132Section 153ASection 250Section 271(1)(c)

penalty levied u/s. 271(1)(c) of the Act by the CIT(A) for the assessment years 2000-01 to 2002-03. I.T.A. Nos.637 to 643/Coch/2008 and 246 to 248/Coch/2019 ITA Nos. 637 to 643/Coch/2008 : AY’s 2000-01 to 2006-07 2. These appeals filed by the assessee are directed against the different orders

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

271(1)(c) of the Act vide notice u/s. 274 of even date: 2 Prakash R. Nair v. Dy.CIT, Central Circle i. Claim for deduction u/s 80IA(Rs.68,82,867/-) was rejected. ii. Bank interest of Rs. 3,13,508/- was assessed as ‘Income from Other Sources’. iii. The claim for deduction u/s 80HHC was restricted with reference to section

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

DEPUTY COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM vs. RAJAKUMARI SHOPPING AMALL LLP, ATTINGAL

In the result, the appeal of the revenue is dismissed

ITA 597/COCH/2025[2016-17]Status: DisposedITAT Cochin29 Oct 2025AY 2016-17

Bench: Shri Inturi Rama Rao, Am & Shri Anikesh Banerjee, Jm Assessment Year: 2016-17 Dcit, Central Circle .......... Appellant Aayakar Bhavan, Kawdiar, Thiruvananthapuram Vs. Rajkumari Shopping Mall Llp ......... Respondent Amc 11/556, City Plaza, Nh Road Attingal 695101 [Pan: Aaqfr1222B] Assessee By: Shri V.M. Veeramani, Ca Revenue By: Shri Sanjit Kumar Das, Cit-Dr Date Of Hearing: 27.10.2025 Date Of Pronouncement: 29.10.2025

For Appellant: Shri V.M. Veeramani, CAFor Respondent: Shri Sanjit Kumar Das, CIT-DR
Section 144Section 250Section 271(1)(c)Section 274Section 68

23,487/- U/s 271(1)(c) of the Act. Being aggrieved, the assessee filed an appeal before the Ld.CIT(A). The Ld.CIT(A) considering the validity of notice U/s 271(1)(c) of the Act deleted the penalty. Being aggrieved, the revenue preferred an appeal before us. 3. The Ld. DR argued and stated that

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)

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 6, 2007, the penalty order passed by the Joint Commissioner on July 29, 2008, is beyond the time permitted in the above section. As we have already held, the initiation

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)

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 6, 2007, the penalty order passed by the Joint Commissioner on July 29, 2008, is beyond the time permitted in the above section. As we have already held, the initiation

ATTINKARA ELECTRONICS,ALAPPUZHA vs. THE ITO,WD-1,, THIRUVALLA

In the result, the appeal of the assessee is allowed

ITA 601/COCH/2018[2012-13]Status: DisposedITAT Cochin01 Mar 2019AY 2012-13

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

Section 271Section 271BSection 273BSection 44A

271 B of the Act. However, according to the CIT(A), levy of such penalty is subject to provisions of section 273B of Income Tax Act, 1961. As per the provisions of section 273B, it is for the assessee to prove that there was reasonable cause for failure to get the accounts audited as required under section 44A8

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