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5 results for “penalty u/s 271”+ Section 115Bclear

Sorted by relevance

Mumbai16Delhi5Hyderabad1

Key Topics

Section 271(1)(c)10Section 153C8Section 445Section 115J4Section 115B4Section 139(1)4Deduction4Penalty4Addition to Income4Disallowance3Set Off of Losses3Section 143(2)2

MAX LIFE INSURANCE COMPANY LTD.,GURGAON vs. ACIT, CIRCLE- 1, LTU, NEW DELHI

In the result, the appeal of the assessee is allowed

ITA 1138/DEL/2019[2010-11]Status: DisposedITAT Delhi18 Oct 2022AY 2010-11

Bench: Shri N.K.Billaiya & Shri Kul Bharat[Assessment Year : 2010-11] Max Life Insurance Company Ltd., Vs Acit, Plot No.90A, Sector-18, Udyog Vihar, Circle-1, Ltu, Gurgaon, Haryana-122018. New Delhi. Pan-Aaccm3201E Appellant Respondent Appellant By Shri Himanshu Sinha, Adv. & Shri Bhuvan Dhoopar, Adv. Respondent By Shri Jeetender Chand, Sr.Dr Date Of Hearing 18.10.2022 Date Of Pronouncement 18.10.2022 Order Per Kul Bharat, Jm : The Present Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit(A)-22, New Delhi, Dated 29.11.2018 For The Assessment Year 2010-11. The Assessee Has Raised Following Grounds Of Appeal:- 1. “That On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Upholding Penalty Levied By The Ao Under Section 271(1)(C) Of The Act Without Considering The Material Available On Record. 2. That On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A)/Ao Has Failed To Appreciate That The Penalty Proceedings Are Separate & Distinct From Assessment Proceedings & Mere Disallowance Of A Claim Made By The Appellant Does Not Automatically Lead To Imposition Of Penalty Under Section 271(1)(C). 3. That On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A)/Ao Has Failed To Appreciate That The Issue Involved In Appellant’S Case Is Purely A Legal Issue To Be Decided On Interpretation Of The Provisions Of The Act & Merely Because Ld. Ao Adopts A View

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

115B of the Act applicable for companies in life insurance business, thereby granting part-relief to the Appellant. 1.10. In the present appeal, the Appellant has challenged aforesaid action of the CIT(A)/ assessing officer in imposing penalty under section 271(1 )(c) of the Act. 2. Appellant’s contentions before the Hon’ble Tribunal 2.1. It is respectfully submitted

SAMPARK HOTELS (P) LTD.,NEW DELHI vs. DCIT, NEW DELHI

ITA 1438/DEL/2017[2008-09]Status: DisposedITAT Delhi24 Feb 2021AY 2008-09

Bench: Shri R.K. Panda & Shri Kuldip Singh(Through Video Conference)

For Appellant: Shri Satyen Sethi, AdvocateFor Respondent: Shri Prakash Dubey, Senior DR
Section 10Section 10(38)Section 115JSection 139Section 143Section 143(2)Section 271(1)(c)

penalty proceedings, the AO has failed to specify in the show-cause notice issued u/s 271(1)(c)/274 of the Act if the assessee has concealed the particulars of income or has furnished inaccurate particulars of income and relied upon the decisions of Hon’ble Karnataka High Court in CIT vs. SSA’s Emerald Meadows -73 taxmann.com

MAX NEW YORK LIFE INSURANCE COMPANY LTD.,GURGAON vs. DCIT, CIRCLE- 1, LTU, NEW DELHI

In the result, the appeal of the assessee is partly allowed

ITA 541/DEL/2018[2014-15]Status: DisposedITAT Delhi13 May 2020AY 2014-15

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishimax New York Life Insurance Vs. Dcit, Company Ltd, Circle-1, Ltu, New Delhi Plot No. 90A, Sector-18, Udyog Vihar, Haryana (Appellant) (Respondent)

For Appellant: Shri Himanshu S. Sinha, AdvFor Respondent: Ms. Parmita M. Biswas, CIT DR
Section 10(34)Section 115BSection 271(1)(c)Section 37(1)Section 44Section 72Section 80G

penalty proceedings under section 271(1)(c) of the Act. 3. During the course of hearing the assessee has also raised the additional grounds related to claim of deduction u/s 80G of the Act on account of donation expenditure incurred of Rs. 3 crores in the event that the said expenditure is not an allowable as expenditure u/s

M/S. FIXOPAN MACHINES (P) LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, the appeal of assessee is allowed

ITA 1436/DEL/2014[2006-07]Status: DisposedITAT Delhi07 May 2019AY 2006-07

Bench: Shri G.D. Agrawal & Shri Bhavnesh Sainiassessment Year: 2006-07 Vs Fixopan Machines (P) Ltd., Acit S-35, Greater Kailash-1, Cc-Vii New Delhi. New Delhi.

Section 115BSection 132Section 132(4)Section 139Section 139(1)Section 143(3)Section 153Section 153CSection 271(1)(c)

penalty u/s 271(1)(c) of the Income Tax Act. 2. Briefly the facts of the case are that search and seizure operation u/s 132 of the I.T. Act was conducted on the person of Shri L.K. Singh and Shri S. Rawat on 11.07.2007 at “Arrival Lounge of Raja Bhoj Air port at Bhopal” by investigation team of Bhopal. During

BSES RAJDHANI POWER LTD.,NEW DELHI vs. ACIT, NEW DELHI

The appeal is partly allowed

ITA 3688/DEL/2011[2005-06]Status: DisposedITAT Delhi05 Oct 2015AY 2005-06

Bench: Shri I.C. Sudhir & Shri Inturi Rama Rao Assessment Year : 2005-06 Bses Rajdhani Power Ltd., Vs. Assistant Cit, Bses Bhawan, Nehru Place, Circle-3(1), New Delhi. New Delhi. (Pan: Aagcs3187H) (Appellant) (Respondent) Assessment Year: 2005-06 Deputy Cit, Vs. Bses Rajdhani Power Ltd., Circle 3(1), Bses Bhavan, Nehru Place, New Delhi. New Delhi. (Pan: Aagcs3187H) (Appellant) (Respondent) Assessment Year : 2006-07 Bses Rajdhani Power Ltd., Vs. Assistant Cit, Bses Bhawan, Nehru Place, Circle-3(1), New Delhi. New Delhi. (Pan: Aagcs3187H) (Appellant) (Respondent) Assessment Year: 2006-07 Deputy Cit, Vs. Bses Rajdhani Power Ltd., Circle 3(1), Bses Bhavan, Nehru Place, New Delhi. New Delhi. (Pan: Aagcs3187H) (Appellant) (Respondent)

Section 154

section 174 of the Electricity Act, 2003. 22.4 Thus, by virtue of Section 174 of the Electricity Act, 2003, the provisions of the said Act read along with the DERC regulations shall override the provisions of all other Acts, including the Companies Act, 1956. 22.5 Corresponding to the aforesaid, even the Companies Act, 1956 (section 616) and the Companies