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623 results for “penalty u/s 271”+ Section 2(22)(e)clear

Sorted by relevance

Mumbai697Delhi623Jaipur187Ahmedabad162Bangalore153Chennai151Hyderabad133Indore122Raipur122Kolkata91Pune69Chandigarh62Rajkot60Surat57Allahabad34Visakhapatnam27Lucknow27Nagpur26Amritsar22Agra15Ranchi14Patna13Cochin11Dehradun8Cuttack8Guwahati7Varanasi6Panaji6Jodhpur5Jabalpur2

Key Topics

Section 271(1)(c)91Addition to Income61Section 27148Penalty48Section 143(3)45Section 153A26Section 27421Disallowance21Section 14718

SHRI CHETAN SETH,NEW DELHI vs. ITO, NEW DELHI

The appeals of the assessee are partly allowed

ITA 2984/DEL/2015[2006-07]Status: DisposedITAT Delhi25 Jun 2025AY 2006-07

Bench: Shri Satbeer Singh Godara\Nand\Nshri Brajesh Kumar Singh\Nita Nos.1808/Del/2023 & 2983, 2984 & 2985/Del/2015\N[Assessment Years: 2004-05, 2005-06, 2006-07 & 2007-08]\Nshri Chetan Seth,\Nplot No.14, Lcs, Sector-B-1,\Nvasant Kunj,\Nnew Delhi-110070\Npan-Aolps2992A\Nappellant\Nincome Tax Officer,\Nward-15(3),\Nvs New Delhi\Nrespondent\Nappellant By\Nrespondent By\Nshri Arun Kishore, Ca &\Nshri Alok Suri, Ca\Nshri Rajesh Kumar Dhanesta, Sr.\N(Dr)\Ndate Of Hearing\Ndate Of Pronouncement\N28.03.2025\N25.06.2025\Norder\Nper Brajesh Kumar Singh, Am,\Nthese Four Appeals Filed By The Assessee Are Directed Against The\Norder Of Ld. Commissioner Of Income Tax (Appeals)-7, Delhi, Dated\N24.02.2015 For Ay 2004-05, 27.02.2015 For Ay 2005-06, 2006-07 And\N2007-08 Respectively Arising Out Of Assessment Orders Passed U/S 147/144\Nof The Income Tax Act, 1961 (Hereinafter Referred To ‘The Act') Dated\N31.10.2011 For All The Above Assessment Years, Respectively. Since, The\Nissues Are Common & Connected, Hence, These Appeals Were Heard\Ntogether & Are Disposed Of By This Common Order.\N2. First, We Shall Take Up The Ita No.1808/Del/2023 Pertaining To Ay\N2004-05.\N2.

Section 147Section 148Section 2Section 2(22)Section 2(22)(e)

271 (1) (c) of the Act for the above\nadditions were successfully represented by the same previous counsel\nbefore CIT (Appeals). Departmental appeals against the deletion of penalties\nwere dismissed.\n7. Appeals against additions u/s 2 (22) (e) for the three years 2005-06 to 2007-\n08 were also being represented till last year by the same previous counsel.It\nwas

Showing 1–20 of 623 · Page 1 of 32

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Natural Justice18
Section 25017
Section 40A(3)14

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

22(2), R.No 225E, 2nd Floor, CR Building, IP Estate, New Delhi 110002 ...... अपीलाथ"/Appellant बनाम Vs. Sahil Vachani, S-43, Panchsheel Park, Delhi 110017 PAN: ADJPV-6597-K ....."ितवादी/Respondent अपीलाथ" "ारा/ Appellant by :S/Shri Anuj Garg & Narpat Singh, Sr.DR "ितवादी"ारा/Respondent by : S/Shri Rohan Khare & Priyam Bhatnagar, Advocates सुनवाई क" ितिथ/ Date of hearing : 23/06/2025 घोषणा

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

E R PER PRADIP KUMAR KEDIA, A.M.: The captioned Cross Appeals have been filed at the instance of the Assessee and the Revenue against the separate orders of the Commissioner of Income Tax (Appeals)-III, Gurgaon [‘CIT(A)’ in short], dated 26.02.2018 and 30.11.2018 arising from the various penalty orders passed by the Assessing Officer (AO) under Section 271

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

E R PER PRADIP KUMAR KEDIA, A.M.: The captioned Cross Appeals have been filed at the instance of the Assessee and the Revenue against the separate orders of the Commissioner of Income Tax (Appeals)-III, Gurgaon [‘CIT(A)’ in short], dated 26.02.2018 and 30.11.2018 arising from the various penalty orders passed by the Assessing Officer (AO) under Section 271

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

E R PER PRADIP KUMAR KEDIA, A.M.: The captioned Cross Appeals have been filed at the instance of the Assessee and the Revenue against the separate orders of the Commissioner of Income Tax (Appeals)-III, Gurgaon [‘CIT(A)’ in short], dated 26.02.2018 and 30.11.2018 arising from the various penalty orders passed by the Assessing Officer (AO) under Section 271

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

E R PER PRADIP KUMAR KEDIA, A.M.: The captioned Cross Appeals have been filed at the instance of the Assessee and the Revenue against the separate orders of the Commissioner of Income Tax (Appeals)-III, Gurgaon [‘CIT(A)’ in short], dated 26.02.2018 and 30.11.2018 arising from the various penalty orders passed by the Assessing Officer (AO) under Section 271

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

E R PER PRADIP KUMAR KEDIA, A.M.: The captioned Cross Appeals have been filed at the instance of the Assessee and the Revenue against the separate orders of the Commissioner of Income Tax (Appeals)-III, Gurgaon [‘CIT(A)’ in short], dated 26.02.2018 and 30.11.2018 arising from the various penalty orders passed by the Assessing Officer (AO) under Section 271

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

E R PER PRADIP KUMAR KEDIA, A.M.: The captioned Cross Appeals have been filed at the instance of the Assessee and the Revenue against the separate orders of the Commissioner of Income Tax (Appeals)-III, Gurgaon [‘CIT(A)’ in short], dated 26.02.2018 and 30.11.2018 arising from the various penalty orders passed by the Assessing Officer (AO) under Section 271

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

E R PER PRADIP KUMAR KEDIA, A.M.: The captioned Cross Appeals have been filed at the instance of the Assessee and the Revenue against the separate orders of the Commissioner of Income Tax (Appeals)-III, Gurgaon [‘CIT(A)’ in short], dated 26.02.2018 and 30.11.2018 arising from the various penalty orders passed by the Assessing Officer (AO) under Section 271

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

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

E R PER PRADIP KUMAR KEDIA, A.M.: The captioned Cross Appeals have been filed at the instance of the Assessee and the Revenue against the separate orders of the Commissioner of Income Tax (Appeals)-III, Gurgaon [‘CIT(A)’ in short], dated 26.02.2018 and 30.11.2018 arising from the various penalty orders passed by the Assessing Officer (AO) under Section 271

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)

2. Appellant’s contentions before the Hon’ble Tribunal 2.1. It is respectfully submitted that the impugned penalty order passed by the assessing officer is without jurisdiction, bad in law and void ab initio, inter-alia, for the reason that: a) valid notice for assuming jurisdiction to impose penalty not issued; 5 | P a g e b) proper satisfaction

MANOJ MITTAL,NEW DELHI vs. DCIT CENTRAL CIRCLE-8, NEW DELHI

In the result, appeal of the assessee is allowed

ITA 2412/DEL/2023[2010-11]Status: DisposedITAT Delhi16 Oct 2023AY 2010-11

Bench: Shri Challa Nagendra Prasadआ.अ.सं/.I.T.A No.2412/Del/2023 िनधा"रणवष"/Assessment Year: 2010-11 बनाम Manoj Mittal, Dcit H-1, Phase-1, Ashok Vihar, Vs. Central Circle-8, New Delhi. New Delhi. Pan No. Aaipm7274J अपीलाथ" Appellant ""यथ"/Respondent

Section 143(3)Section 2(22)(e)Section 254Section 271(1)(c)

section 254 of the Act was passed by the Assessing Officer making an addition of Rs.4,73,526/- u/s 2(22)(e) of the Act. Subsequently the Assessing Officer initiated penalty proceedings u/s 271

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

Appeal is dismissed

ITA 3013/DEL/2018[1997-98]Status: DisposedITAT Delhi28 May 2024AY 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

u/s 271(1)(c) levied vide the impugned order is cancelled. The grounds of appeal at (a) through (e) above are allowed.” 5.1 In our considered opinion the learned CIT(A), in coming to his conclusion, has thoroughly discussed the issue in detail. The Revenue could not bring on record any material to the contrary, so as to take

INVOLUTE ENGINEERING PVT. LTD.,NEW DELHI vs. DCIT, CIRCLE- 12(2), NEW DELHI

The appeals is allowed

ITA 6884/DEL/2019[2013-14]Status: DisposedITAT Delhi29 May 2025AY 2013-14

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2013-14 Involute Engineering Pvt. Ltd., Vs Dcit, E-30, Anand Niketan, Circle-12(2), Basement, New Delhi. New Delhi – 110 001. Pan: Aaacs2041N (Appellant) (Respondent) Assessee By : Shri Sanjay Arora, Ca; Ms Pallavi Sharma, Ca & Shri Jeetan Nagpal, Ca Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 01.05.2025 Date Of Pronouncement : 29.05.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 31.05.2019 Of The Commissioner Of Income-Tax (Appeals)-22, New Delhi (Hereinafter Referred To As The Ld. First Appellate Authority Or ‘The Ld. Faa’, For Short) In Appeal No.208/18-19/Cit(A)-22, New Delhi Arising Out Of The Appeal Before It Against The Order Dated 18.03.2016, Passed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The Dcit, Circle- 12(2), New Delhi (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Sanjay Arora, CAFor Respondent: Shri Om Prakash, Sr. DR
Section 143(3)Section 36(1)(vii)

section 2(22)(e) of the Act. ITAs No.6884/Del/2019 This gives an addition of Rs. 25,00,000/-. I am satisfied that the assessee has furnished inaccurate particulars of income and therefore, penalty proceedings 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 270A of the Act are highly vague in as much as they do not state as to which clause of section 270A(2) of the Act, appellant is alleged to have under-reported income. Infact, even the amount of alleged under-reporting of income has neither been specified and, nor determined in the notice. Also, in the alternative, section

SAVITA BANSAL,NEW DELHI vs. ITO WARD-35(2), NEW DELHI

In the result, the appeal of the assessee is allowed

ITA 8937/DEL/2019[2015-16]Status: DisposedITAT Delhi21 Apr 2023AY 2015-16

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

For Appellant: Shri Abhishek Mathur, CAFor Respondent: Ms. Rajareswari R, Sr.DR
Section 132Section 153ASection 271Section 271(1)(c)Section 274Section 54FSection 68

E R PER PRADIP KUMAR KEDIA, A.M.: The captioned appeal has been filed by the Assessee against the order of the Commissioner of Income Tax (Appeals)-XII, New Delhi (‘CIT(A)’ in short) dated 25.07.2019 arising from the penalty order dated 28.06.2018 passed by the Assessing Officer (AO) under Section 271(1)(c) r.w. Section 274 of the Income

GEORGE KUTTY,NEW DELHI vs. DCIT, CIRCLE-13(1), NEW DELHI

In the result, the appeal of the assessee is allowed

ITA 3788/DEL/2019[2010-11]Status: DisposedITAT Delhi24 Aug 2022AY 2010-11

Bench: Shri Kul Bharat[Assessment Year : 2010-11] George Kutty, Vs Dcit, C/O-M/S. Oasis Tours India (P.) Circle-13(1), Ltd., C-40, Middle Circle, Dwarka New Delhi. Sadan, Connaught Place, New Delhi-110001. Pan-Aajpk4005H Appellant Respondent Appellant By Shri Manish Malik, Adv. Respondent By Shri Om Parkash, Sr.Dr Date Of Hearing 11.08.2022 Date Of Pronouncement 24.08.2022

Section 143(3)Section 271Section 271(1)(c)Section 274Section 276CSection 68

2). Assessee had no knowledge of exact charge against him. Not only word 'or' had been used between two groups of charges but there was use of word 'deliberately' also. IAC imposed penalty of Rs. 13,000 for assessment year 1967-68 and ITO imposed penalty of Rs. 7 | P a g e 22

JAYSON INDUSTRIES,NEW DELHI vs. ITO, WARD- 63(4), NEW DELHI

In the result, Ground No.2 of the appeal of the assessee is allowed

ITA 2406/DEL/2018[2014-15]Status: DisposedITAT Delhi29 Jul 2022AY 2014-15

Bench: Shri Kul Bharat & Shri Pradip Kumar Kedia

For Appellant: Shri A.K. Srivastava, CAFor Respondent: Shri Gurpreet Shah Singh, Sr.DR
Section 2(22)(e)Section 40A(2)(b)

u/s 2(22)(e) of the Act. 3. WITHOUT PREJUDICE to ground no.s 2 & 2.1 above, the Learned Commissioner of Income Tax (Appeals) erred in holding that granting of loans was not "Substantial Business" of the lender. 4. That the lower authorities failed to appreciate the nature of appellants' business and in holding the expenditure as personal in nature, without

JAYSON INDUSTRIES,NEW DELHI vs. ITO, WARD- 63(3), NEW DELHI

In the result, Ground No.2 of the appeal of the assessee is allowed

ITA 6440/DEL/2019[2012-13]Status: DisposedITAT Delhi29 Jul 2022AY 2012-13

Bench: Shri Kul Bharat & Shri Pradip Kumar Kedia

For Appellant: Shri A.K. Srivastava, CAFor Respondent: Shri Gurpreet Shah Singh, Sr.DR
Section 2(22)(e)Section 40A(2)(b)

u/s 2(22)(e) of the Act. 3. WITHOUT PREJUDICE to ground no.s 2 & 2.1 above, the Learned Commissioner of Income Tax (Appeals) erred in holding that granting of loans was not "Substantial Business" of the lender. 4. That the lower authorities failed to appreciate the nature of appellants' business and in holding the expenditure as personal in nature, without

M/S. JAYSON INDUSTRIES,DELHI vs. ITO, NEW DELHI

In the result, Ground No.2 of the appeal of the assessee is allowed

ITA 4446/DEL/2016[2012-13]Status: DisposedITAT Delhi29 Jul 2022AY 2012-13

Bench: Shri Kul Bharat & Shri Pradip Kumar Kedia

For Appellant: Shri A.K. Srivastava, CAFor Respondent: Shri Gurpreet Shah Singh, Sr.DR
Section 2(22)(e)Section 40A(2)(b)

u/s 2(22)(e) of the Act. 3. WITHOUT PREJUDICE to ground no.s 2 & 2.1 above, the Learned Commissioner of Income Tax (Appeals) erred in holding that granting of loans was not "Substantial Business" of the lender. 4. That the lower authorities failed to appreciate the nature of appellants' business and in holding the expenditure as personal in nature, without