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6 results for “penalty u/s 271”+ Section 40clear

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Key Topics

Section 271(1)(c)10Section 14A8Section 270A7Section 1545Section 271(1)(b)5Section 69A4Section 143(3)4Section 404Penalty4Unexplained Money

DEPUTY COMMISSIONER OF INCOME TAX, ODISHA vs. ODISHA STATE BEVERAGES CORPORATION LIMITED, ODISHA

In the result, appeal of the revenue stands dismissed

ITA 359/CTK/2023[2020-21]Status: HeardITAT Cuttack11 Jun 2024AY 2020-21

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalassessment Year : 2020-2021 2021 Dcit, Aayakar Bhavan, Main Dcit, Aayakar Bhavan, Main Vs. Odisha Odisha State State Beverages Beverages 2Nd Building, Building, Rajaswas Rajaswas Vihar, Vihar, Corporation Corporation Limited., Limited., 2 Vani Vihar, Bhubaneswar. Vani Vihar, Bhubaneswar. Floor, Floor, Fortune Fortune Towers, Towers, S.E.Rly S.E.Rly Proj. Proj. Complex, Complex, Bhubaneswar. Bhubaneswar. Pan/Gir No Pan/Gir No. (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Satyajit Mishra, Ca Satyajit Mishra, Ca Revenue By : Shri Sanjay Kumar, Cit : Shri Sanjay Kumar, Cit Dr Date Of Hearing : 11/0 06/2024 Date Of Pronouncement : 11/0 /06/2024 O R D E R Per Bench This Is An Appeal Filed By The Revenue Against The Order Of The Ld Against The Order Of The Ld Cit(A), Nfac, Delhi Dated Cit(A), Nfac, Delhi Dated 21.9.2023 Deleting The Penalty Levied U/S.270A Of 21.9.2023 Deleting The Penalty Levied U/S.270A Of The Act For The Assessment Year For The Assessment Year 2020-2021. 2. Brief Facts Of The Case Are That The Assessment In This Case Was Brief Facts Of The Case Are That The Assessment In This Case Was Brief Facts Of The Case Are That The Assessment In This Case Was Passed U/S.143(3) Of The Act On 23.9.2 Passed U/S.143(3) Of The Act On 23.9.2022 By Disallowing A Sum Of 022 By Disallowing A Sum Of Rs.3,00,00,000/ Rs.3,00,00,000/- Out Of Expenses Claimed By The Assessee On Account Of Out Of Expenses Claimed By The Assessee On Account Of License Fees U/S.40(A)(Iib) Of The Act. Simultaneously, Penalty Proceedings License Fees U/S.40(A)(Iib) Of The Act. Simultaneously, Penalty Proceedings License Fees U/S.40(A)(Iib) Of The Act. Simultaneously, Penalty Proceedings

For Appellant: Shri Satyajit Mishra, CA Shri Sanjay Kumar, CIT
3
Rectification u/s 1543
Natural Justice2
For Respondent:
Section 143(3)Section 270ASection 270A(1)Section 270A(9)Section 40

40(a)(iib) has challenged the operation of the same , which finally settled by the Hon’ble Supreme Court in the case of Kerala State Beverages Manufacturing and Marketing Corporation Ltd (supra). Therefore, it is not a case where the claim made by the assessee was not bonafide at all. Further, the AO has not mentioned as to under which

PRAFULLA KUMAR ROUTRAY,BHUBANESWAR vs. ACIT, INTERNATIONAL TAXATION, BHUBANESWAR, BHUBANESWAR

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

ITA 175/CTK/2025[2017-18]Status: DisposedITAT Cuttack25 Jul 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 154Section 250Section 271(1)(b)Section 272A(1)(d)Section 54Section 69A

40,00,000/- and added the same to the returned income of the assessee. Aggrieved with the assessment order, the assessee filed an appeal before the Ld. CIT(A). The assessment order was passed on 19.12.2019 assessing the total income of ₹2,61,11,609/- against the returned income of ₹1,609/- in which penalty u/s 271

MONALISA PRADHAN,BHUBANESWAR vs. ITO WARD-3(1), BHUBANESWAR

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

ITA 184/CTK/2025[2016-17]Status: DisposedITAT Cuttack23 Jul 2025AY 2016-17

Bench: Shri George Mathan, Jm & Shri Rajesh Kumar, Am

For Appellant: Shri Niranjan panda, ARFor Respondent: Shri Nishanth Rao B, DR
Section 154Section 271(1)(c)Section 69A

penalty levied and confirmed under Section 271(1)(c) of the Income-tax Act, 1961 (the Act). 02. Shri Niranjan panda represented on behalf the assessee and Shri Nishanth Rao B, represented on behalf of the Revenue. 03. In respect of the ITA No. 184/CTK/2025, being the quantum appeal, it was submitted by the Learned AR that the assessee

MONALISA PRADHAN,BHUBANESWAR vs. ITO WARD-3(1), BHUBANESWAR

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

ITA 183/CTK/2025[2016-17]Status: DisposedITAT Cuttack23 Jul 2025AY 2016-17

Bench: Shri George Mathan, Jm & Shri Rajesh Kumar, Am

For Appellant: Shri Niranjan panda, ARFor Respondent: Shri Nishanth Rao B, DR
Section 154Section 271(1)(c)Section 69A

penalty levied and confirmed under Section 271(1)(c) of the Income-tax Act, 1961 (the Act). 02. Shri Niranjan panda represented on behalf the assessee and Shri Nishanth Rao B, represented on behalf of the Revenue. 03. In respect of the ITA No. 184/CTK/2025, being the quantum appeal, it was submitted by the Learned AR that the assessee

SYLVESA INFOTECH PRIVATE LIMITED,BHUBANESWAR vs. ITO WARD -1(1), BHUBANESWAR

ITA 565/CTK/2025[2016-17]Status: DisposedITAT Cuttack03 Dec 2025AY 2016-17
Section 139(1)Section 142(1)Section 147Section 148

u/s 147 rws 144 of the previous\nAY, i.e. 2013-14 & 147 rws 1448 for AY 2016-17 (which is under\nappeal in ITA No 565 fixed for hearing today) on similar issue, the\nLd AO, on perusal of the similar documents submitted before him\nhad accepted the credits to be realisation from Sales and Debtors.\nRequesting your kind attention

M/S. ALTRADE MINERALS PVT. LIMITED,ROURKELA vs. ACIT,CENTRAL CIRCLE, SAMBALPUR, SAMBALPUR

In the result, appeal of the assessee is partly allowed

ITA 65/CTK/2023[2011-12]Status: DisposedITAT Cuttack16 Dec 2024AY 2011-12

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalassessment Year : 2011-12 M/S. Altrade Minerals Pvt /S. Altrade Minerals Pvt Vs. Asst. Asst. Commissioner Commissioner Of Of Ltd., C/O. Kadmawala & Co., C/O. Kadmawala & Co., Income Tax, Central Circle, Income Tax, Central Circle, C.A., C.A., Budhram Budhram Oram Oram Sambalpur Market, Market, Kachery Kachery Road, Road, Rourkela. Pan/Gir No. No.Aafca 7136 F (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri M.R.Sahu, Ca Revenue By : Shri S.C.Mohanty, Sr Dr : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 16/12/20 2024 Date Of Pronouncement : 16/12/20 024

For Appellant: Shri M.R.Sahu, CAFor Respondent: Shri S.C.Mohanty, Sr DR
Section 120(4)(b)Section 127Section 143(2)Section 143(3)Section 14A

40 | 63 ITA No.65/CTK /2023 Assessment Year : 2011-12 Some of the relevant dated where LD.AR had taken time to bring relevant records are as under: Sl. No D.O.H Direction of Tribunal and Ld.DR seek time. 1 28/11/2023 Tribunal directed the LD.DR to verify the correctness of the RTI order dated 13/04/2023 placed at pg. No. 30 of the paper