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376 results for “penalty u/s 271”+ Exemptionclear

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Key Topics

Section 271(1)(c)76Addition to Income64Section 143(3)59Penalty54Disallowance36Section 143(2)33Deduction29Section 26327Exemption25Section 14A

DCIT, CIRCLE 22(2), NEW DELHI, NEW DELHI vs. SAHIL VACHANI, DELHI

Appeal of the Revenue stands dismissed

ITA 2604/DEL/2023[2016-17]Status: DisposedITAT Delhi23 Jun 2025AY 2016-17

Bench: Shri Mahavir Singh, Vice Presdient (), Shri Vikas Awasthy& Shriavdhesh Kumar Mishraआअसं.2604/िद"ी/2023(िन.व. 2016-17)

For Appellant: S/Shri Anuj Garg & Narpat Singh, Sr.DRFor Respondent: S/Shri Rohan Khare & Priyam
Section 271(1)(c)Section 54F

exemption u/s. 54F of the Act, as the new asset had never come into existence within the timespecified u/s. 54F of the Act. Penalty proceedings u/s. 271

DCIT, CIRCLE-3(2), NEW DELHI vs. ASIAN CONSOLIDATED INDS.LTD), REWARI

Appeal is dismissed

Showing 1–20 of 376 · Page 1 of 19

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23
Section 14723
Section 10(46)21
ITA 3013/DEL/2018[1997-98]Status: Disposed
ITAT Delhi
28 May 2024
AY 1997-98

Bench: Shri Kul Bharat & Shri Brajesh Kumar Singhassessment Year: 1997-98

Section 143(3)Section 144Section 264Section 271(1)(c)Section 274Section 292

penalty u/s 271(1)(c) especially the limb -fumishing inaccurate particulars of income in spite of the fact that the claim of deduction/ exemption

ADDL. CIT, NEW DELHI vs. M/S. PHI SEEDS PVT. LTD., HYDERABAD

The appeals of the Revenue are dismissed and both the Rule 27 application of the assessee are allowed for A

ITA 3083/DEL/2017[2008-09]Status: DisposedITAT Delhi31 Oct 2025AY 2008-09

Bench: Shri Mahavir Singh & Shri Brajesh Kumar Singh

Section 1Section 10(1)Section 143Section 143(3)Section 271(1)(c)Section 274

penalty notices u/s 271(1)(c) of the Act, dated 30.12.2011 and 15.02.2013 placed at page no. 20-22 of the Paper Book 4 are reproduced as under: “ ITA No.-.3083 & 3084/Del/2017 M/s PHI Seeds Pvt. Ltd. ITA No.-.3083 & 3084/Del/2017 M/s PHI Seeds Pvt. Ltd. 1.1 Since common issues are involved in both the appeals, they are disposed

ADDL. CIT, NEW DELHI vs. M/S. PHI SEEDS PVT. LTD., HYDERABAD

The appeals of the Revenue are dismissed and both the Rule 27 application of the assessee are allowed for A

ITA 3084/DEL/2017[2009-10]Status: DisposedITAT Delhi31 Oct 2025AY 2009-10

Bench: Shri Mahavir Singh & Shri Brajesh Kumar Singh

Section 1Section 10(1)Section 143Section 143(3)Section 271(1)(c)Section 274

penalty notices u/s 271(1)(c) of the Act, dated 30.12.2011 and 15.02.2013 placed at page no. 20-22 of the Paper Book 4 are reproduced as under: “ ITA No.-.3083 & 3084/Del/2017 M/s PHI Seeds Pvt. Ltd. ITA No.-.3083 & 3084/Del/2017 M/s PHI Seeds Pvt. Ltd. 1.1 Since common issues are involved in both the appeals, they are disposed

PRATEEK GUPTA,GHAZIABAD vs. PR, CIT, GHAZIABAD

In the result, the appeal of the assessee is allowed

ITA 785/DEL/2021[2015-16]Status: DisposedITAT Delhi05 Dec 2022AY 2015-16

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year: 2015-16 Prateek Gupta, Vs. Pr. Cit 152, Chanderpuri, Ghaziabad Ghaziabad, Uttar Pradesh 201001 Pan Atbpg8602J (Appellant) (Respondent)

For Appellant: Shri Satyajeet Goel, CAFor Respondent: Shri Rajesh Kumar, CIT(DR)
Section 10(38)Section 142(1)Section 143(2)Section 143(3)Section 263Section 271Section 271(1)(c)

exemption u/s 10(38) of the Act. The AO had rightly initiated penalty u/s 271(1)(c) of the Act while

SANDEEP GUPTA,GHAZIABAD vs. PR, CIT, GHAZIABAD

In the result, the appeal of the assessee is allowed

ITA 784/DEL/2021[2015-16]Status: DisposedITAT Delhi05 Dec 2022AY 2015-16

Bench: Shri N.K. Billaiya & Ms. Astha Chandraasstt. Year: 2015-16 Sandeep Gupta, Vs. Pr. Cit 152, Chanderpuri, Ghaziabad Ghaziabad, Uttar Pradesh 201009 (Appellant) (Respondent)

For Appellant: Shri Satyajeet Goel, CAFor Respondent: Shri Rajesh Kumar, CIT(DR)
Section 10(38)Section 143(2)Section 143(3)Section 263Section 271Section 271(1)(c)Section 69

exemption u/s 10(38) of the Act. The AO had rightly initiated penalty u/s 271(1)(c) of the Act while

DCIT, CIRCLE- 20(1), NEW DELHI vs. POLYPLEX CORPORATION LIMITED., NEW DELHI

In the result, the appeal of the Revenue is dismissed

ITA 701/DEL/2020[2016-17]Status: DisposedITAT Delhi12 Apr 2024AY 2016-17

Bench: Shri Kul Bharat & Shri M.Balaganesh[Assessment Year : 2016-17] Dcit, Vs Polyplex Corporation Limited, Circle-20(1), 40, New Mandakini, Greater New Delhi Kailash, New Delhi-110092. Pan-Aaacp0278J Appellant Respondent Appellant By Shri Vivek Vardhan, Sr.Dr Respondent By Shri Ved Jain, Adv. & Shri Aman Garg, Ca Date Of Hearing 04.04.2024 Date Of Pronouncement 12.04.2024

Section 143(3)Section 271(1)(c)Section 35Section 35(2)(AB)Section 37(1)Section 40Section 90

penalty u/s 271(1)(c) not attracted, for merely making of the claim, which is not sustainable in law by itself will not amount furnishing inaccurate particulars of income. In the present case also, the claim of the assessee was not accepted by the Assessing Officer for the sole reason that the assessee could not get the approval from DSIR

ANMOL ARORA,DELHI vs. DCIT CENTRAL CIRCLE-15, NEW DELHI

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

ITA 2114/DEL/2019[2015-16]Status: DisposedITAT Delhi18 Oct 2022AY 2015-16

Bench: Shri Shamim Yahya & Shri N. K. Choudhry[Assessment Year: 2015-16]

Section 10(38)Section 143(1)Section 143(3)Section 153ASection 271Section 271(1)(c)

penalty u/s 271(1)(c) of the Act and the sequence of the events as culled out in the Ld. CIT(A)’s order in this case read as under:- Original return of income was filed by the assessee on 27.08.2015. A search was conducted on 16.03.2016. The assessee revised the return on 30.09.2016. On the basis of said revised

SAINI CO-OPERATIVE THARIFT AND CREDIT SOCIETY LTD.,NEW DELHI vs. ITO,WARD-48(1), DELHI

In the result, appeal of the assessee is allowed

ITA 4912/DEL/2024[2016-17]Status: DisposedITAT Delhi09 Jul 2025AY 2016-17

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2016-17] Saini Co-Operative Tharift & Vs Ito, Credit Society, 2429-21, Ward-48(1), Bazar Kamra Bangash, Darya New Delhi Ganj, New Delhi-110002. Pan-Aabas8396K Appellant Respondent Shri K.Sampath, Adv. & Appellant By Shri V.Raj Kumar, Adv. Respondent By Shri Dheeraj Kumar Jaiswal, Sr.Dr 01.07.2025 Date Of Hearing Date Of Pronouncement 09.07.2025

Section 143(3)Section 250Section 271Section 271(1)(c)Section 271ASection 80P

penalty u/s 271(1)(c) is leviable. The facts of the present case are totally distinguishable where the income added is finally held as exempt

NEELAM GARG,KARNAL vs. ITO, WARD NO. 3, KARNAL

In the result the appeal of the assessee is allowed

ITA 6250/DEL/2018[2013-14]Status: DisposedITAT Delhi22 Jun 2023AY 2013-14

Bench: Shri C.M. Gargneelam Garg, Vs. Ito, Hem Chand Jain, H. No. 2, Ward No. 3, Huda Staff Owarter, No. 1, Karnal Sector-13, Extn, Karnal, Haryana (Appellant) (Respondent) Pan: Ainpg2119D Assessee By : Shri Rajeev Sachdeva, Ca Revenue By: Shri Sumesh Swani, Sr. Dr Date Of Hearing 03/04/2023 Date Of Pronouncement 22/06/2023

For Appellant: Shri Rajeev Sachdeva, CAFor Respondent: Shri Sumesh Swani, Sr. DR
Section 271(1)(c)Section 54Section 54F

penalty u/s 271(1)(c) of the Act. therefore, I find identical facts and circumstances of the case quite similar and identical to the case of ITO Vs. M. Narayanswami (supra) wherein, the tribunal held that the assessee has furnished all particulars regarding sale of immovable property and claimed exemption

OMAKS ELECTRONICS,NEW DELHI vs. ITO WARD - 44(3), NEW DELHI

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

ITA 6404/DEL/2019[2013-14]Status: DisposedITAT Delhi18 May 2022AY 2013-14

Bench: Shri C.M. Gargassessment Year: 2013-14 Omaks Electronics, Vs. Ito, A-20, Khasra No.26/10, Ward-44(3), Dabri Extension, New Delhi. New Delhi. Pan: Aabf05904G (Appellant) (Respondent) Assessee By : None Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 04.05.2022 Date Of Pronouncement : 18.05.2022 Order

For Appellant: NoneFor Respondent: Shri Om Prakash, Sr. DR
Section 271Section 271(1)Section 271(1)(c)Section 80I

exemption u/s 80IC of the Act. This is not a plausible explanation and rightly rejected by the authorities below. 4 9. Since the AO as well as the ld.CIT(A) has held that the assessee knowingly and willfully filed inaccurate particulars of his income, thus, penalty u/s 271

BRIJ GOPAL CONSTRUCTION COMPANY (P) LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE-3, DELHI

In the result, assessee’s appeal is allowed

ITA 4800/DEL/2025[2017-18]Status: DisposedITAT Delhi28 Nov 2025AY 2017-18

Bench: Shri M Balaganesh & Ms. Madhumita Royassessment Year: 2017-18

Section 1Section 143Section 143(3)Section 270ASection 270A(2)(a)

u/s 271(1)(c) of the Act. Reliance is placed on the following judgments: i) 265 ITR 562 (SC) K.C. Builders v. ACIT ii) 291 ITR 519 (SC) Dilip N. Shroff vs. JCIT "43. The expression "conceal" is of great importance. According to Law Lexicon, the word "conceal" means: "to hide or keep secret. The word "conceal" is conceal

ABHINAV INTERNATIONAL PVT. LTD.,,NEW DELHI vs. DCIT CIRCLE-1(1), NEW DELHI

In the result, appeal of appellant bearing Appeal

ITA 7822/DEL/2019[2013-14]Status: DisposedITAT Delhi23 Jan 2023AY 2013-14

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

For Appellant: NoneFor Respondent: Shri Kanav Bali, Sr.DR
Section 143(3)Section 14ASection 271(1)(c)Section 56(2)(viib)

271(1)(c) was imposed on four counts. (i) Disallowance of Rs.365546/- under Section 14A (ii) Disallowance of interest of Rs.60,72,432/- (iii) Addition of Rs.34,38,000/- under Section 56(2)(viib) I.T.A No.7822/Del/2019 2 and; (iv) Interest on late deposit of TDS wrongly claimed at Rs.6,578/- 2.1 The CIT(A) concluded in paragraph

CANE DEVELOPMENT COUNCIL TITAWI ,MUZAFFARNAGAR vs. ITO, WARD- 1(2), MUZAFFARNAGAR

In the result, the grounds of appeal raised by assessee are

ITA 2615/DEL/2018[2011-12]Status: HeardITAT Delhi28 Nov 2025AY 2011-12

Bench: Shripawan Singhand Shribrajesh Kumar Singhआ.अ.सं/.I.T.A No.2612/Del/2018 "नधा"रणवष"/Assessment Year:2010-11 Cane Deveopment Council बनाम Income Tax Officer, Rohana Kalan, Ward 1(2), Vs. C/O Dinesh Mohan, Advocate, Muzaffarnagar, 2-Anand Vihar, Lane No.1, Uttar Pradesh. Circular Road, Muzaffarnagar, Uttar Pradesh. Pan No.Aaalc0277F अपीलाथ" Appellant ""यथ"/Respondent

Section 271(1)(c)

penalty levied u/s 271(1)(c) of the Act was upheld. Further aggrieved the assessee has filed present appeal before Tribunal. 3. We have heard the Ld. Authorized Representative (AR) of the assessee and the learned Senior departmental representative (Ld. Sr. DR) for the Revenue. The Ld. AR of the assessee submits that assessee was established by an order passed

CANE DEVELOPMENT COUNCIL ROHANA KALAN,MUZAFFARNAGAR vs. ITO, WARD- 1(2), MUZAFFARNAGAR

In the result, the grounds of appeal raised by assessee are

ITA 2613/DEL/2018[2011-12]Status: HeardITAT Delhi28 Nov 2025AY 2011-12

Bench: Shripawan Singhand Shribrajesh Kumar Singhआ.अ.सं/.I.T.A No.2612/Del/2018 "नधा"रणवष"/Assessment Year:2010-11 Cane Deveopment Council बनाम Income Tax Officer, Rohana Kalan, Ward 1(2), Vs. C/O Dinesh Mohan, Advocate, Muzaffarnagar, 2-Anand Vihar, Lane No.1, Uttar Pradesh. Circular Road, Muzaffarnagar, Uttar Pradesh. Pan No.Aaalc0277F अपीलाथ" Appellant ""यथ"/Respondent

Section 271(1)(c)

penalty levied u/s 271(1)(c) of the Act was upheld. Further aggrieved the assessee has filed present appeal before Tribunal. 3. We have heard the Ld. Authorized Representative (AR) of the assessee and the learned Senior departmental representative (Ld. Sr. DR) for the Revenue. The Ld. AR of the assessee submits that assessee was established by an order passed

CANE DEVELOPMENT COUNCIL ROHANA KALAN,MUZAFFARNAGAR vs. ITO, WARD- 1(2), MUZAFFARNAGAR

In the result, the grounds of appeal raised by assessee are

ITA 2612/DEL/2018[2010-11]Status: HeardITAT Delhi28 Nov 2025AY 2010-11

Bench: Shripawan Singhand Shribrajesh Kumar Singhआ.अ.सं/.I.T.A No.2612/Del/2018 "नधा"रणवष"/Assessment Year:2010-11 Cane Deveopment Council बनाम Income Tax Officer, Rohana Kalan, Ward 1(2), Vs. C/O Dinesh Mohan, Advocate, Muzaffarnagar, 2-Anand Vihar, Lane No.1, Uttar Pradesh. Circular Road, Muzaffarnagar, Uttar Pradesh. Pan No.Aaalc0277F अपीलाथ" Appellant ""यथ"/Respondent

Section 271(1)(c)

penalty levied u/s 271(1)(c) of the Act was upheld. Further aggrieved the assessee has filed present appeal before Tribunal. 3. We have heard the Ld. Authorized Representative (AR) of the assessee and the learned Senior departmental representative (Ld. Sr. DR) for the Revenue. The Ld. AR of the assessee submits that assessee was established by an order passed

SACHIN ,HISAR vs. DCIT. CENTAL CIRTCLE-7 , DELHI

In the result, the grounds of appeal raised by assessee are

ITA 2613/DEL/2022[2016-17]Status: DisposedITAT Delhi05 Mar 2025AY 2016-17

Bench: Shripawan Singhand Shribrajesh Kumar Singhआ.अ.सं/.I.T.A No.2612/Del/2018 "नधा"रणवष"/Assessment Year:2010-11 Cane Deveopment Council बनाम Income Tax Officer, Rohana Kalan, Ward 1(2), Vs. C/O Dinesh Mohan, Advocate, Muzaffarnagar, 2-Anand Vihar, Lane No.1, Uttar Pradesh. Circular Road, Muzaffarnagar, Uttar Pradesh. Pan No.Aaalc0277F अपीलाथ" Appellant ""यथ"/Respondent

Section 271(1)(c)

penalty levied u/s 271(1)(c) of the Act was upheld. Further aggrieved the assessee has filed present appeal before Tribunal. 3. We have heard the Ld. Authorized Representative (AR) of the assessee and the learned Senior departmental representative (Ld. Sr. DR) for the Revenue. The Ld. AR of the assessee submits that assessee was established by an order passed

VATIKA SOVEREIGN PARK PRIVATE LIMITED,NEW DELHI vs. ACIT CIRCLE-26(1), NEW DELHI

The appeals are allowed

ITA 7251/DEL/2019[2016-17]Status: DisposedITAT Delhi30 Jun 2022AY 2016-17

Bench: Sh. G.S.Pannu, Hon’Ble & Sh. Anubhav Sharmaita No.7251 & 7252/Del/2019 (Assessment Year : 2016-17 & 2017-18) Vatika Sovereign Park Private Vs. The Assistant Commissioner Of Limited, Income Tax, 621A, 6Th Floor, Devika Towers Circle-26(1) 6-Nehru Place New Delhi New Delhi-110019 Pan No. Aafcp9383D (Appellant) (Respondent)

Section 133ASection 194CSection 271C

exempt from TDS provisions. It was further clarified by the CBDT that in the instant case, it appears that the developer has made the payment in the nature of EDC not to the Government but to the HUDA which is a Development Authority of State Government of Haryana and is a taxable entity under the Income

VATIKA SOVEREIGN PARK PRIVATE LIMITED,NEW DELHI vs. ACIT CIRCLE-26(1), NEW DELHI

The appeals are allowed

ITA 7252/DEL/2019[2017-18]Status: DisposedITAT Delhi30 Jun 2022AY 2017-18

Bench: Sh. G.S.Pannu, Hon’Ble & Sh. Anubhav Sharmaita No.7251 & 7252/Del/2019 (Assessment Year : 2016-17 & 2017-18) Vatika Sovereign Park Private Vs. The Assistant Commissioner Of Limited, Income Tax, 621A, 6Th Floor, Devika Towers Circle-26(1) 6-Nehru Place New Delhi New Delhi-110019 Pan No. Aafcp9383D (Appellant) (Respondent)

Section 133ASection 194CSection 271C

exempt from TDS provisions. It was further clarified by the CBDT that in the instant case, it appears that the developer has made the payment in the nature of EDC not to the Government but to the HUDA which is a Development Authority of State Government of Haryana and is a taxable entity under the Income

SAINI CO-OPERATIVE THARIFT AND CREDIT SOCIETY LTD.,NEW DELHI vs. ITO,WARD-48(1), NEW DELHI

In the result, the appeal of the assessee stands allowed

ITA 4906/DEL/2024[2013-14]Status: DisposedITAT Delhi08 Aug 2025AY 2013-14

Bench: Shri Sunil Kumar Singh & Shri Brajesh Kumar Singh[Assessment Year: 2013-14]

Section 144Section 147Section 148Section 271(1)(c)Section 274Section 80P(2)(a)

271(1)(c) of the Income Tax Act, 1961 (hereinafter referred as ‘the Act’), dated 10.02.2022 for Assessment Year 2013-14 levying penalty of Rs.15,05,000/-. 2. Brief facts of the case:- In the assessment order, the AO noted that the assessee did not file its return of income for the year in question. Based on the information that