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842 results for “penalty u/s 271”+ Reassessmentclear

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Key Topics

Section 14889Section 14786Section 271(1)(c)68Addition to Income68Section 153A57Penalty57Section 143(3)50Reassessment38Section 153D22Section 143(2)

DCIT, NEW DELHI vs. M/S. GRANITE GATE PROPERTIES PVT. LTD., NEW DELHI

ITA 2239/DEL/2014[2010-11]Status: DisposedITAT Delhi16 Dec 2016AY 2010-11

Bench: Shri H.S. Sidhu & Shri Anadi N Mishra

For Appellant: Shri Sanjeev Sapra, CAFor Respondent: Shri A.K. Saroha, CIT (DR)
Section 271

penalty u/s 271 (1 )(c) by making the following observations: "There was no material or evidence to show that the transaction of sale and lease back was not genuine or was bogus nor was any material brought on record in the course of the reassessment

A2Z INFRA ENGINEERING LIMITED,GURGAON vs. DCIT- CENTRAL CIRCLE-2, FARIDABAD

In the result, the appeal of the assessee is allowed

ITA 943/DEL/2019[2013-14]Status: DisposedITAT Delhi28 Mar 2023AY 2013-14

Shri Pradip Kumar Kedia & Shri Anubhav Sharma

Showing 1–20 of 842 · Page 1 of 43

...
21
Section 14420
Natural Justice17
Bench:
For Appellant: Ms. Ritu Kamal KishoreFor Respondent: Shri P. Praveen Sidharth, CIT-DR
Section 132Section 132(4)Section 153ASection 271(1)(c)Section 274

u/s 274 r.w.s. 271(1)(c) of the Act. 9.2.3 Significantly Section 271(1B) was inserted by Finance Act, 2008 with retrospective effect from 1-4-1989 which also addresses the legislative intent on the subject matter. S. 271(1B) merely intends to provide latitude to the revenue towards manner of recording satisfaction in the course of assessment proceedings

INFRA ENGINEERS LTD.,GURGAON vs. DCIT, CC-2, FARIDABAD

In the result, the appeal of the assessee is allowed

ITA 942/DEL/2019[2012-13]Status: DisposedITAT Delhi28 Mar 2023AY 2012-13

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharma

For Appellant: Ms. Ritu Kamal KishoreFor Respondent: Shri P. Praveen Sidharth, CIT-DR
Section 132Section 132(4)Section 153ASection 271(1)(c)Section 274

u/s 274 r.w.s. 271(1)(c) of the Act. 9.2.3 Significantly Section 271(1B) was inserted by Finance Act, 2008 with retrospective effect from 1-4-1989 which also addresses the legislative intent on the subject matter. S. 271(1B) merely intends to provide latitude to the revenue towards manner of recording satisfaction in the course of assessment proceedings

A2Z INFRA ENGINEERING LIMITED,GURGAON vs. CCIT- CENTRAL CIRCLE-2, FARIDABAD

In the result, the appeal of the assessee is allowed

ITA 940/DEL/2019[2010-11]Status: DisposedITAT Delhi28 Mar 2023AY 2010-11

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharma

For Appellant: Ms. Ritu Kamal KishoreFor Respondent: Shri P. Praveen Sidharth, CIT-DR
Section 132Section 132(4)Section 153ASection 271(1)(c)Section 274

u/s 274 r.w.s. 271(1)(c) of the Act. 9.2.3 Significantly Section 271(1B) was inserted by Finance Act, 2008 with retrospective effect from 1-4-1989 which also addresses the legislative intent on the subject matter. S. 271(1B) merely intends to provide latitude to the revenue towards manner of recording satisfaction in the course of assessment proceedings

DCIT-CENTRAL CIRCLE-2, FARIDABAD vs. A2Z INFRA ENGINEERS LTD., GURGAON

In the result, the appeal of the assessee is allowed

ITA 812/DEL/2019[2012-13]Status: DisposedITAT Delhi28 Mar 2023AY 2012-13

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharma

For Appellant: Ms. Ritu Kamal KishoreFor Respondent: Shri P. Praveen Sidharth, CIT-DR
Section 132Section 132(4)Section 153ASection 271(1)(c)Section 274

u/s 274 r.w.s. 271(1)(c) of the Act. 9.2.3 Significantly Section 271(1B) was inserted by Finance Act, 2008 with retrospective effect from 1-4-1989 which also addresses the legislative intent on the subject matter. S. 271(1B) merely intends to provide latitude to the revenue towards manner of recording satisfaction in the course of assessment proceedings

A2Z MAINTENANCE & ENGINEERING SERVICES LTD.,GURGAON vs. DCIT, CENTRAL CIRCLE-II, FARIDABAD

In the result, the appeal of the assessee is allowed

ITA 2631/DEL/2018[2008-09]Status: DisposedITAT Delhi28 Mar 2023AY 2008-09

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharma

For Appellant: Ms. Ritu Kamal KishoreFor Respondent: Shri P. Praveen Sidharth, CIT-DR
Section 132Section 132(4)Section 153ASection 271(1)(c)Section 274

u/s 274 r.w.s. 271(1)(c) of the Act. 9.2.3 Significantly Section 271(1B) was inserted by Finance Act, 2008 with retrospective effect from 1-4-1989 which also addresses the legislative intent on the subject matter. S. 271(1B) merely intends to provide latitude to the revenue towards manner of recording satisfaction in the course of assessment proceedings

A2Z INFRA ENGINEERING LIMITED,GURGAON vs. DCIT CC-2 , FARIDABAD

In the result, the appeal of the assessee is allowed

ITA 939/DEL/2019[2009-10]Status: DisposedITAT Delhi28 Mar 2023AY 2009-10

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharma

For Appellant: Ms. Ritu Kamal KishoreFor Respondent: Shri P. Praveen Sidharth, CIT-DR
Section 132Section 132(4)Section 153ASection 271(1)(c)Section 274

u/s 274 r.w.s. 271(1)(c) of the Act. 9.2.3 Significantly Section 271(1B) was inserted by Finance Act, 2008 with retrospective effect from 1-4-1989 which also addresses the legislative intent on the subject matter. S. 271(1B) merely intends to provide latitude to the revenue towards manner of recording satisfaction in the course of assessment proceedings

DCIT CC-2 , FARIDABAD vs. A2Z MAINTENANCE AND ENGINEERING SERVICES LTD., GURGAON

In the result, the appeal of the assessee is allowed

ITA 811/DEL/2019[2011-12]Status: DisposedITAT Delhi28 Mar 2023AY 2011-12

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharma

For Appellant: Ms. Ritu Kamal KishoreFor Respondent: Shri P. Praveen Sidharth, CIT-DR
Section 132Section 132(4)Section 153ASection 271(1)(c)Section 274

u/s 274 r.w.s. 271(1)(c) of the Act. 9.2.3 Significantly Section 271(1B) was inserted by Finance Act, 2008 with retrospective effect from 1-4-1989 which also addresses the legislative intent on the subject matter. S. 271(1B) merely intends to provide latitude to the revenue towards manner of recording satisfaction in the course of assessment proceedings

A2Z INFRA ENGINEERING LIMITED,GURGAON vs. DCIT- CENTRAL CIRCLE-2, FARIDABAD

In the result, the appeal of the assessee is allowed

ITA 941/DEL/2019[2011-12]Status: DisposedITAT Delhi28 Mar 2023AY 2011-12

Bench: Shri Pradip Kumar Kedia & Shri Anubhav Sharma

For Appellant: Ms. Ritu Kamal KishoreFor Respondent: Shri P. Praveen Sidharth, CIT-DR
Section 132Section 132(4)Section 153ASection 271(1)(c)Section 274

u/s 274 r.w.s. 271(1)(c) of the Act. 9.2.3 Significantly Section 271(1B) was inserted by Finance Act, 2008 with retrospective effect from 1-4-1989 which also addresses the legislative intent on the subject matter. S. 271(1B) merely intends to provide latitude to the revenue towards manner of recording satisfaction in the course of assessment proceedings

M/S. JINDAL STEEL & POWER LIMITED,NEW DELHI vs. ACIT, HISAR

In the result the appeal of the assessee is partly allowed

ITA 3052/DEL/2014[2008-09]Status: DisposedITAT Delhi31 Mar 2016AY 2008-09

Bench: Sh. C.M. Garg & Sh. O.P. Kant

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

reassessment proceedings and the same were also not furnished during penalty proceedings u/s 271(1)(c) of the Act. It was also

M/S. HOUSING AND URBAN DEVELOPMENT CORPORATION LTD.(HUDCO),NEW DELHI vs. DCIT, NEW DELHI

Appeals of the assessee stands allowed

ITA 1161/DEL/2011[1999-00]Status: DisposedITAT Delhi18 Oct 2019AY 1999-00

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri Gagan Kumar
Section 271Section 271(1)(c)Section 274Section 36Section 36(1)(viii)Section 41

reassessment or rectification proceedings, but not penalty proceedings. (iii) If ingredients contained in (i) and (ii) are present a notice to show cause under Section 274 of the Act shall issue setting out therein the infraction the assessee is said to have committed. The notice under Section 274 of the Act can be issued both during or after the completion

M/S. HOUSING AND URBAN DEVELOPMENT CORPORATION LTD.(HUDCO),NEW DELHI vs. DCIT, NEW DELHI

Appeals of the assessee stands allowed

ITA 1160/DEL/2011[1998-99]Status: DisposedITAT Delhi18 Oct 2019AY 1998-99

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri Gagan Kumar
Section 271Section 271(1)(c)Section 274Section 36Section 36(1)(viii)Section 41

reassessment or rectification proceedings, but not penalty proceedings. (iii) If ingredients contained in (i) and (ii) are present a notice to show cause under Section 274 of the Act shall issue setting out therein the infraction the assessee is said to have committed. The notice under Section 274 of the Act can be issued both during or after the completion

HOUSING & URBAN DEVELOPMENT CORPORATION LTD.,NEW DELHI vs. DCIT, NEW DELHI

Appeals of the assessee stands allowed

ITA 5234/DEL/2011[2001-02]Status: DisposedITAT Delhi18 Oct 2019AY 2001-02

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri Gagan Kumar
Section 271Section 271(1)(c)Section 274Section 36Section 36(1)(viii)Section 41

reassessment or rectification proceedings, but not penalty proceedings. (iii) If ingredients contained in (i) and (ii) are present a notice to show cause under Section 274 of the Act shall issue setting out therein the infraction the assessee is said to have committed. The notice under Section 274 of the Act can be issued both during or after the completion

M/S. HOUSING AND URBAN DEVELOPMENT CORPORATION LTD.(HUDCO),NEW DELHI vs. DCIT, NEW DELHI

Appeals of the assessee stands allowed

ITA 1162/DEL/2011[2000-01]Status: DisposedITAT Delhi18 Oct 2019AY 2000-01

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

For Appellant: Shri Gagan Kumar
Section 271Section 271(1)(c)Section 274Section 36Section 36(1)(viii)Section 41

reassessment or rectification proceedings, but not penalty proceedings. (iii) If ingredients contained in (i) and (ii) are present a notice to show cause under Section 274 of the Act shall issue setting out therein the infraction the assessee is said to have committed. The notice under Section 274 of the Act can be issued both during or after the completion

M/S. STAR WIRE (INDIA) LIMITED,,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeals of the assessee are allowed

ITA 4875/DEL/2016[2006-07]Status: DisposedITAT Delhi09 Jul 2018AY 2006-07

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 4875/Del/2016 : Asstt. Year : 2006-07 Ita No. 4876/Del/2016 : Asstt. Year : 2007-08 Star Wire (India) Ltd., Vs Asstt. Commissioner Of Income 35, Link Road, 2Nd Floor, Lajpat Tax, Circle-24(2), Nagar-Iii, New Delhi-110024 New Delhi-110002 (Appellant) (Respondent) Pan No. Aaecs1124Q Assessee By : Sh. Ashwani Kumar, Ca Revenue By : Sh. S. S. Rana, Cit Dr Date Of Hearing : 23.04.2018 Date Of Pronouncement : 09.07.2018 Order Per N. K. Saini, Am: These Appeals By The Assessee Are Directed Against The Separate Orders Each Dated 24.06.2016 Of The Ld. Cit(A)-3, Gurgaon For The Assessment Years 2006-07 & 2007-08. 2. Since, The Issues Involved Are Common In These Appeals Which Were Heard Together, So, These Are Being Disposed Off By This Common Order For The Sake Of Convenience & Brevity.

For Appellant: Sh. Ashwani Kumar, CAFor Respondent: Sh. S. S. Rana, CIT DR
Section 132(4)Section 143(3)Section 153ASection 271(1)(c)Section 69C

271(1)(c) of the Act. 6. Being aggrieved the assessee carried the matter to the ld. CIT(A) who sustained the penalty by observing in para 5 of the impugned order as under: I have perused the penalty order and submissions of the appellant filed during appellate proceedings and following observations are made:- (i) During the course of search

M/S. STAR WIRE (INDIA) LIMITED,,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeals of the assessee are allowed

ITA 4876/DEL/2016[2007-08]Status: DisposedITAT Delhi09 Jul 2018AY 2007-08

Bench: Sh. N. K. Saini, Am & Sh. Kuldip Singh, Jm Ita No. 4875/Del/2016 : Asstt. Year : 2006-07 Ita No. 4876/Del/2016 : Asstt. Year : 2007-08 Star Wire (India) Ltd., Vs Asstt. Commissioner Of Income 35, Link Road, 2Nd Floor, Lajpat Tax, Circle-24(2), Nagar-Iii, New Delhi-110024 New Delhi-110002 (Appellant) (Respondent) Pan No. Aaecs1124Q Assessee By : Sh. Ashwani Kumar, Ca Revenue By : Sh. S. S. Rana, Cit Dr Date Of Hearing : 23.04.2018 Date Of Pronouncement : 09.07.2018 Order Per N. K. Saini, Am: These Appeals By The Assessee Are Directed Against The Separate Orders Each Dated 24.06.2016 Of The Ld. Cit(A)-3, Gurgaon For The Assessment Years 2006-07 & 2007-08. 2. Since, The Issues Involved Are Common In These Appeals Which Were Heard Together, So, These Are Being Disposed Off By This Common Order For The Sake Of Convenience & Brevity.

For Appellant: Sh. Ashwani Kumar, CAFor Respondent: Sh. S. S. Rana, CIT DR
Section 132(4)Section 143(3)Section 153ASection 271(1)(c)Section 69C

271(1)(c) of the Act. 6. Being aggrieved the assessee carried the matter to the ld. CIT(A) who sustained the penalty by observing in para 5 of the impugned order as under: I have perused the penalty order and submissions of the appellant filed during appellate proceedings and following observations are made:- (i) During the course of search

ACIT, NEW DELHI vs. M/S DEEPALI DESIGN & EXHIBITS, NEW DELHI

In the result, the Appeal filed by the Revenue stands dismissed

ITA 6203/DEL/2016[2011-12]Status: DisposedITAT Delhi07 Dec 2018AY 2011-12

Bench: Shri H.S. Sidhu & Shri O.P. Kantassessment Year: 2011-12 Acit, Central Circle-17 Vs. M/S Deepali Designs & Exhibits 9, 1St Floor, Behind Punjab Room No. 103, First Floor, Hall No. 1, Kesri, Wazirpur Industrial Ara Centre, Area, New Delhi – 110 035 E-2, Jhandewalan, (Pan: Aaffd1639M) New Delhi – 110 057 (Appellant) (Respondent) Department By : Sh. B.S. Rajpurohit, Sr. Dr. Assessee By : Sh. Ridhi Karan Agarwal, Ca

For Appellant: Sh. Ridhi Karan Agarwal, CAFor Respondent: Sh. B.S. Rajpurohit, Sr. DR
Section 153ASection 271(1)Section 271(1)(c)Section 274Section 40A(3)

u/s. 274 red with section 271(1)© of the Act placed on file which clearly shows that the same is the standard format of the notice and AO has just ticked on the option of concealment of income or furnishing inaccurate particulars of such income. He further stated that the penalty imposed is liable to be quashed on legal grounds

VISHWANATH AGGARWAL,DELHI vs. THE ADDL. CIT, CENTRAL RANGE-05, DELHI

The appeals of the assessee are allowed and the penalty is deleted

ITA 618/DEL/2022[2013-14]Status: DisposedITAT Delhi26 Jul 2024AY 2013-14

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaitas No.611 To 618/Del/2022 Assessment Years: 2010-11, 2012-13, 2011-12,2013-14, 2010-11, 2011-12, 2012-13 & 2013-14 Vishwanath Aggarwal, Vs Addl. Cit, House No.98, Block C-2, Range-05, Janakpuri, Delhi. New Delhi – 110 058. Pan: Abxpa4825B (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate & Shri Prince Bansal, Ca Revenue By : Ms Sapna Bhatia, Cit-Dr Date Of Hearing : 04.07.2024 Date Of Pronouncement : .07.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeals Filed Before Him Against The Penalty Orders Of The Ld. Assessing Officer (Hereinafter Referred To As The Ld. Ao, For Short). Further Details Of The Penalty Orders Of The Lower Authorities Are As Under:-

For Appellant: Shri Sudesh Garg, Advocate &For Respondent: Ms Sapna Bhatia, CIT-DR
Section 132ASection 153ASection 269SSection 271DSection 271E

reassessments conducted pursuant to Section 153A.Therefore, even if no additions are made to the income of the Assessee under Section 153A, it does not absolve them from liability under Sections 27ID and 271E if they are found to have contravened the provisions of Sections 269SS and 269T. As such, the penalties prescribed under Sections 27ID and 27IE serve a distinct

VISHWANATH AGGARWAL,DELHI vs. THE ADDL. CIT, CENTRAL RANGE-05, DELHI

The appeals of the assessee are allowed and the penalty is deleted

ITA 615/DEL/2022[2010-11]Status: DisposedITAT Delhi26 Jul 2024AY 2010-11

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaitas No.611 To 618/Del/2022 Assessment Years: 2010-11, 2012-13, 2011-12,2013-14, 2010-11, 2011-12, 2012-13 & 2013-14 Vishwanath Aggarwal, Vs Addl. Cit, House No.98, Block C-2, Range-05, Janakpuri, Delhi. New Delhi – 110 058. Pan: Abxpa4825B (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate & Shri Prince Bansal, Ca Revenue By : Ms Sapna Bhatia, Cit-Dr Date Of Hearing : 04.07.2024 Date Of Pronouncement : .07.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeals Filed Before Him Against The Penalty Orders Of The Ld. Assessing Officer (Hereinafter Referred To As The Ld. Ao, For Short). Further Details Of The Penalty Orders Of The Lower Authorities Are As Under:-

For Appellant: Shri Sudesh Garg, Advocate &For Respondent: Ms Sapna Bhatia, CIT-DR
Section 132ASection 153ASection 269SSection 271DSection 271E

reassessments conducted pursuant to Section 153A.Therefore, even if no additions are made to the income of the Assessee under Section 153A, it does not absolve them from liability under Sections 27ID and 271E if they are found to have contravened the provisions of Sections 269SS and 269T. As such, the penalties prescribed under Sections 27ID and 27IE serve a distinct

VISHWANATH AGGARWAL,DELHI vs. THE ADDL. CIT, CENTRAL RANGE-05, DELHI

The appeals of the assessee are allowed and the penalty is deleted

ITA 612/DEL/2022[2012-13]Status: DisposedITAT Delhi26 Jul 2024AY 2012-13

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaitas No.611 To 618/Del/2022 Assessment Years: 2010-11, 2012-13, 2011-12,2013-14, 2010-11, 2011-12, 2012-13 & 2013-14 Vishwanath Aggarwal, Vs Addl. Cit, House No.98, Block C-2, Range-05, Janakpuri, Delhi. New Delhi – 110 058. Pan: Abxpa4825B (Appellant) (Respondent) Assessee By : Shri Sudesh Garg, Advocate & Shri Prince Bansal, Ca Revenue By : Ms Sapna Bhatia, Cit-Dr Date Of Hearing : 04.07.2024 Date Of Pronouncement : .07.2024 Order Per Anubhav Sharma, Jm: These Are Appeals Preferred By The Assessee Against The Orders Of The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeals Filed Before Him Against The Penalty Orders Of The Ld. Assessing Officer (Hereinafter Referred To As The Ld. Ao, For Short). Further Details Of The Penalty Orders Of The Lower Authorities Are As Under:-

For Appellant: Shri Sudesh Garg, Advocate &For Respondent: Ms Sapna Bhatia, CIT-DR
Section 132ASection 153ASection 269SSection 271DSection 271E

reassessments conducted pursuant to Section 153A.Therefore, even if no additions are made to the income of the Assessee under Section 153A, it does not absolve them from liability under Sections 27ID and 271E if they are found to have contravened the provisions of Sections 269SS and 269T. As such, the penalties prescribed under Sections 27ID and 27IE serve a distinct