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62 results for “penalty u/s 271”+ Section 8clear

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Key Topics

Section 271(1)(c)88Addition to Income46Section 153A44Section 153D37Section 27436Penalty34Section 143(3)30Section 27129Section 10

ASSISTANT COMMISSIONER OF INCOME TAX, DEHRADUN vs. SEABIRD EXPLORATION FZ-LLC, NEW DELHI

In the result, appeal of the Revenue is dismissed

ITA 134/DDN/2024[2012-13]Status: DisposedITAT Dehradun18 Feb 2026AY 2012-13

Bench: SHRI YOGESH KUMAR U.S (Judicial Member), SHRI MANISH AGARWAL (Accountant Member)

Section 143(3)Section 250Section 271(1)(c)Section 44B

penalty levied by AO U/S 271(1)(c) of the Act. 7. Heard the contention of ld. Sr. DR and perused the material available on record. As observed above in the instant case, assessee had filed its return of income, declaring income at NIL since it has no PE in India which facts has not been doubted. The assessee approached

M/S KUMAON MANDAL VIKASH NIGAM LTD.,NANITAL vs. ACIT, CIRCLE-3, NANITAL

In the result, the appeal of the assesse is allowed

Showing 1–20 of 62 · Page 1 of 4

27
Section 44B26
Disallowance8
Reopening of Assessment7
ITA 44/DDN/2025[2013-14]Status: DisposedITAT Dehradun09 Jul 2025AY 2013-14

Bench: SHRI YOGESH KUMAR U.S. (Judicial Member), SHRI MANISH AGARWAL (Accountant Member)

Section 143(3)Section 271Section 271(1)(c)Section 274(1)

section 274 r.w.s. 271(1)(c) of the Act without striking off the irrelevant words, as reproduced above, the penalty proceedings shows the non-application of mind by the Assessing Officer and is, thus, unsustainable. 8. As observed above, the Assessing Officer initiated the penalty proceedings by issuing the notice u/s

SH.MOHIT BATOLA,DEHRADUN vs. ACIT, CC, DDN, DEHRADUN

In the result, appeal of the assessee is allowed

ITA 101/DDN/2024[2010-11]Status: DisposedITAT Dehradun30 Oct 2025AY 2010-11

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Through Virtual Mode] [Assessment Year : 2010-11] Mohit Batola Vs Acit 155, Village Miyanwala Central Circle P.O.-Harrawala, Dehradun, Dehradun, Uttarakhand Uttarakhand-248001 Pan-Aftpb3533M Appellant Respondent Assessee By Shri Verendra Kalra, Ca Revenue By Shri S.K.Chaterjee, Cit Dr Date Of Hearing 05.08.2025 Date Of Pronouncement 30.10.2025 Order

Section 132Section 142(1)Section 143(2)Section 153ASection 153A(1)(a)Section 153A(1)(b)Section 250Section 271(1)(c)Section 274(1)

u/s 271(1)(c) of the Act. 8. The penalty provisions of section 271(1)(c) of the Act are attracted

HOTEL SAURAB,DEHRADUN vs. DCIT CENTRAL CIRCLE, DEHRADUN

In the result, appeal of the assessee is allowed

ITA 2438/DEL/2019[2011-12]Status: DisposedITAT Dehradun16 Oct 2023AY 2011-12

Bench: Shri Challa Nagendra Prasada N D Shri M. Balaganesh

Section 271Section 271(1)(c)Section 274

8. As could be seen from the above the Hon'ble Delhi High Court upheld the order of the Tribunal in holding that the notice 7 I.T.A. No. 2438/Del/2019 issued by the Assessing Officer was bad in law if it did not specify under which limb of section 271(1)(c ) of the Act the penalty proceedings had been initiated

HOTEL PRESIDENT,HALDWANI vs. CIT(A)-NFAC, DELHI

In the result, Appeals filed by the Assesseesare allowed

ITA 11/DDN/2025[2010-11]Status: DisposedITAT Dehradun16 Jul 2025AY 2010-11

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwali.T.A. No. 9/Ddn/2025 (A.Y 2012-13) I.T.A. No. 10/Ddn/2025 (A.Y 2013-14) I.T.A. No. 11/Ddn/2025 (A.Y 2010-11)

Section 143(3)Section 147Section 271Section 271(1)Section 271(1)(c)Section 274

u/s 274 read with Section 271 (1)(c) of the Act, it is found that the said noticesare stereotype one and the AO has not specified any limb or charge for which the notices were issued i.e. either for concealment of particulars of income or furnishing of inaccurate particulars of such income. It can be seen from the said notice

HOTEL PRESIDENT,HALDWANI vs. CIT(A)-NFAC, DELHI

In the result, Appeals filed by the Assesseesare allowed

ITA 9/DDN/2025[2012-13]Status: DisposedITAT Dehradun16 Jul 2025AY 2012-13

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwali.T.A. No. 9/Ddn/2025 (A.Y 2012-13) I.T.A. No. 10/Ddn/2025 (A.Y 2013-14) I.T.A. No. 11/Ddn/2025 (A.Y 2010-11)

Section 143(3)Section 147Section 271Section 271(1)Section 271(1)(c)Section 274

u/s 274 read with Section 271 (1)(c) of the Act, it is found that the said noticesare stereotype one and the AO has not specified any limb or charge for which the notices were issued i.e. either for concealment of particulars of income or furnishing of inaccurate particulars of such income. It can be seen from the said notice

HOTEL PRESIDENT,HALDWANI vs. CIT(A)-NFAC, DELHI

In the result, Appeals filed by the Assesseesare allowed

ITA 10/DDN/2025[2013-14]Status: DisposedITAT Dehradun16 Jul 2025AY 2013-14

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwali.T.A. No. 9/Ddn/2025 (A.Y 2012-13) I.T.A. No. 10/Ddn/2025 (A.Y 2013-14) I.T.A. No. 11/Ddn/2025 (A.Y 2010-11)

Section 143(3)Section 147Section 271Section 271(1)Section 271(1)(c)Section 274

u/s 274 read with Section 271 (1)(c) of the Act, it is found that the said noticesare stereotype one and the AO has not specified any limb or charge for which the notices were issued i.e. either for concealment of particulars of income or furnishing of inaccurate particulars of such income. It can be seen from the said notice

DCIT, CENTRAL CIRCLE, DEHRADUN vs. SWARNGANGA CONSTRUCTION P.LTD, BHILWARA

In the result, both the appeals of the revenue are allowed for statistical purposes

ITA 186/DDN/2019[2012-13]Status: DisposedITAT Dehradun14 Dec 2021AY 2012-13

Bench: Shri R.K. Panda & Shri V.P. Rao

For Appellant: Sh. N.S. Jangpangi, CIT/DRFor Respondent: Sh. Kapil Goel, Advocate
Section 144Section 153CSection 249(3)Section 250(4)Section 271(1)(c)

section 144 and penalty order u/s. 271(1)(c) of the Act respectively for the assessment year 2012-13. 2. In the quantum appeal, the assessee raised following grounds : “1. On facts and circumstances of the case and in law, the Ld. CIT(A) erred in condoning the delay of more than 2 years merely on ground that the erstwhile

EKSHAD AHAMAD PATODI,U S NAGAR vs. ACIT(OSD), WARD-2(3)(5), KHATIMA

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

ITA 76/DDN/2019[2012-13]Status: DisposedITAT Dehradun15 Dec 2022AY 2012-13

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar Us

Section 143(3)Section 271Section 271(1)Section 271(1)(c)Section 274Section 40A(3)

u/s 274 of the Act for initiation of Penalty Proceedings vide notice dated 10/03/2015. As per the assessment order and the penalty order it is not clear as to on which limb the penalty proceedings has been initiated against the assessee. Neither the assessment order nor the penalty notice has specified the relevant and exact limb of the penalty proceedings

ADIT (INTERNATIONAL TAXATION), DEHRADUN vs. M/S. M.I, OVERSEAS LTD., MUMBAI

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

ITA 5564/DEL/2013[2007-08]Status: DisposedITAT Dehradun08 Jun 2021AY 2007-08

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Thakur Singh Mapwal, JCIT DR
Section 263Section 44BSection 9

8,014,145/- to the gross receipts chargeable to tax as fees for technical services under section 9(l)(vii) without appreciating that the said amount represented reimbursement of service tax which is not chargeable to tax. Lew of interest 9. The Ld AO has erred on facts and in law in levying interest under section 234B and section 234C

ADIT, DEHRADUN vs. M/S. M.I. OVERSEAS LTD., NOIDA

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

ITA 3045/DEL/2013[2006-07]Status: DisposedITAT Dehradun08 Jun 2021AY 2006-07

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Thakur Singh Mapwal, JCIT DR
Section 263Section 44BSection 9

8,014,145/- to the gross receipts chargeable to tax as fees for technical services under section 9(l)(vii) without appreciating that the said amount represented reimbursement of service tax which is not chargeable to tax. Lew of interest 9. The Ld AO has erred on facts and in law in levying interest under section 234B and section 234C

ADIT (INTERNATIONAL TAXATION), DEHRADUN vs. M/S. M.I, OVERSEAS LTD., MUMBAI

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

ITA 5565/DEL/2013[2010-11]Status: DisposedITAT Dehradun08 Jun 2021AY 2010-11

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Thakur Singh Mapwal, JCIT DR
Section 263Section 44BSection 9

8,014,145/- to the gross receipts chargeable to tax as fees for technical services under section 9(l)(vii) without appreciating that the said amount represented reimbursement of service tax which is not chargeable to tax. Lew of interest 9. The Ld AO has erred on facts and in law in levying interest under section 234B and section 234C

MI OVERSEAS LTD.,NEW DELHI vs. ADIT, DEHRADUN

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

ITA 3072/DEL/2012[2009-10]Status: DisposedITAT Dehradun08 Jun 2021AY 2009-10

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Thakur Singh Mapwal, JCIT DR
Section 263Section 44BSection 9

8,014,145/- to the gross receipts chargeable to tax as fees for technical services under section 9(l)(vii) without appreciating that the said amount represented reimbursement of service tax which is not chargeable to tax. Lew of interest 9. The Ld AO has erred on facts and in law in levying interest under section 234B and section 234C

MI OVERSEAS LTD.,MUMBAI vs. ADIT, DEHRADUN

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

ITA 5583/DEL/2013[2007-08]Status: DisposedITAT Dehradun08 Jun 2021AY 2007-08

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Thakur Singh Mapwal, JCIT DR
Section 263Section 44BSection 9

8,014,145/- to the gross receipts chargeable to tax as fees for technical services under section 9(l)(vii) without appreciating that the said amount represented reimbursement of service tax which is not chargeable to tax. Lew of interest 9. The Ld AO has erred on facts and in law in levying interest under section 234B and section 234C

MI OVERSEAS LTD.,MUMBAI vs. ADIT, DEHRADUN

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

ITA 5584/DEL/2013[2010-11]Status: DisposedITAT Dehradun08 Jun 2021AY 2010-11

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Thakur Singh Mapwal, JCIT DR
Section 263Section 44BSection 9

8,014,145/- to the gross receipts chargeable to tax as fees for technical services under section 9(l)(vii) without appreciating that the said amount represented reimbursement of service tax which is not chargeable to tax. Lew of interest 9. The Ld AO has erred on facts and in law in levying interest under section 234B and section 234C

MI OVERSEAS LTD.,MUMBAI vs. ADIT, DEHRADUN

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

ITA 2956/DEL/2013[2006-07]Status: DisposedITAT Dehradun08 Jun 2021AY 2006-07

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Thakur Singh Mapwal, JCIT DR
Section 263Section 44BSection 9

8,014,145/- to the gross receipts chargeable to tax as fees for technical services under section 9(l)(vii) without appreciating that the said amount represented reimbursement of service tax which is not chargeable to tax. Lew of interest 9. The Ld AO has erred on facts and in law in levying interest under section 234B and section 234C

AKHILESH SINGHAL,RISHIKESH vs. INCOME TAX OFFICER, RISHIKESH

In the result, appeal of the assessee is allowed

ITA 79/DDN/2024[2015-16]Status: DisposedITAT Dehradun29 Oct 2025AY 2015-16

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Through Virtual Mode]

Section 147Section 148Section 234ASection 250Section 271(1)(b)Section 69A

penalty order, both dated 07.09.2022 passed u/s 271(1)(b) of the Act for Assessment Years 2014-15 & 2015-16 respectively. ITA Nos.64, 78 & 79/DDN/2024 2. As these three appeals are having the issues which are inter- linked, inter-connected and this fact has been admitted by both the parties during the course of hearing before us, therefore, all three

HARISH CHANDRA BATRA,DEHRADUN vs. ITO, WARD- 1(3), DEHRADUN

In the result, the appeal of the assessee is allowed

ITA 4082/DEL/2017[2010-11]Status: DisposedITAT Dehradun22 Nov 2021AY 2010-11

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar

For Appellant: Sh. Kapil Goyal, AdvFor Respondent: Sh. N.C. Upadhyay, Sr. DR
Section 271Section 271(1)(c)Section 274

271(1)(c) of the Income Tax Act, order is bad in law. Assessee must be informed of the ground of the penalty proceedings only through statutory notice. An omnibus notice suffers from the vice of vagueness. 3) The Hon’ble jurisdictional Delhi High Court in the case of PCIT vs. Sahara India Life Insurance

SARASWATI DYNAMICS P.LTD,ROORKEE vs. ACIT, HARIDWAR

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

ITA 179/DDN/2019[2012-13]Status: DisposedITAT Dehradun23 May 2023AY 2012-13

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

For Appellant: Sh. Hemant Arora, CA &For Respondent: Sh. Mayank P. Tomar, Addl. CIT
Section 271Section 271(1)(c)Section 274

u/s 271(1)(c) without proving either the concealment of income or filing of inaccurate particulars of income. 7. On the facts and in the circumstances of the case and in law the CIT(A) was incorrect and unjustified in upholding the penalty even when appeal to the ITAT against the order of the CIT(A) for the year under

SARASWATI DYNAMICS P.LTD,ROORKEE vs. ACIT, HARIDWAR

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

ITA 178/DDN/2019[2011-12]Status: DisposedITAT Dehradun23 May 2023AY 2011-12

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

For Appellant: Sh. Hemant Arora, CA &For Respondent: Sh. Mayank P. Tomar, Addl. CIT
Section 271Section 271(1)(c)Section 274

u/s 271(1)(c) without proving either the concealment of income or filing of inaccurate particulars of income. 7. On the facts and in the circumstances of the case and in law the CIT(A) was incorrect and unjustified in upholding the penalty even when appeal to the ITAT against the order of the CIT(A) for the year under