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20 results for “penalty u/s 271”+ Section 36(1)(viia)clear

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Key Topics

Disallowance19Addition to Income19Section 143(3)16Depreciation15Section 14A14Section 115J10Section 143(1)10Section 143(2)10Section 36

NATIONAL HOUSING BANK,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result ground No. 8 of the appeal of the assessee is allowed with above direction

ITA 3704/DEL/2010[2007-08]Status: DisposedITAT Delhi14 Feb 2017AY 2007-08

Bench: Shri Kuldip Singh & Shri Prashant Maharishinational Housing Bank, Addl Cit, Core-5A, India Habitat Centre, Range-31(1), Vs. Lodhi Road, New Delhi New Delhi (Appellant) (Respondent) National Housing Bank, Addl Cit, Core-5A, India Habitat Centre, Range-31(1), Lodhi Road, New Delhi Vs. New Delhi (Appellant) (Respondent) National Housing Bank, Addl Cit, Core-5A, India Habitat Centre, Range-31(1), Vs. Lodhi Road, New Delhi New Delhi (Appellant) (Respondent) National Housing Bank, Addl Cit, Core-5A, India Habitat Centre, Range-31(1), Vs. Lodhi Road, New Delhi New Delhi (Appellant) (Respondent) Page 2 Of 50 National Housing Bank, Addl Cit, Core-5A, India Habitat Centre, Range-31(1), Vs. Lodhi Road, New Delhi New Delhi (Appellant) (Respondent) National Housing Bank, Addl Cit, Core-5A, India Habitat Centre, Range-31(1), Vs. Lodhi Road, New Delhi New Delhi (Appellant) (Respondent)

For Appellant: Sh. Ashok Chopra, CAFor Respondent: Sh. Ravi Jain, CIT DR
Section 271Section 36Section 36(1)(vii)

viia) and 36(1)(vii) of the Act. The assessee claimed deduction u/s 36(1)(vii) of Rs. 350428356/-. The claim was based on the belief that the main object of the assessee is to promote Housing Finance Companies. However, the ld Assessing Officer denied the claim of the assessee for the following reasons:- “9. I have carefully considered

9
Section 328
Section 139(5)8
Exemption5

INDIA INFRASTRUCTURE FINANCE COMPANY LIMITED,DELHI vs. ASSISTANT COMMISSIONER OF INCOME TAX, I.P. ESTATE, NEW DELHI

ITA 5552/DEL/2024[2016-17]Status: DisposedITAT Delhi11 Feb 2026AY 2016-17
Section 115JSection 143(3)Section 154Section 250Section 36(1)Section 36(1)(vii)

u/s 36(1)(viii) of the Act. Once the assessee has\ntransferred the amount of 2,47,49,51,000/- in the special reserve,\ncould be allowed for the amount over and above, the actual amount\ncharged to Profit & Loss Account as transferred to special reserve.\nThe limits provided in section 36(1)(viii) of the Act with respect

PRAGATI POWER CORPORATION LTD,NEW DELHI vs. ACIT, CIRCLE 20(1), NEW DELHI

In the result, the appeal filed by the assessee is partly allowed as indicated above

ITA 1617/DEL/2023[2018-19]Status: DisposedITAT Delhi14 Aug 2024AY 2018-19

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)

Section 115JSection 145(2)Section 32Section 36Section 36(1)(iii)Section 37Section 43ASection 46ASection 80I

271/- being foreign exchange loss incurred by the assessee on payment of foreign exchange to BHEL as per contract for acquisition of capital asset from abroad treating the same as capital expenditure ignoring the provisions of section 37 as well as section 43AA of the Income Tax Act r/w ICDs-VI issued u/s 145(2) of the Act. 08. That

M/S. STANDARD CHARTERED GRINDLAYS PTY LIMITED,NEW DELHI vs. DDIT, NEW DELHI

ITA 3459/DEL/2014[1996-97]Status: DisposedITAT Delhi25 Oct 2018AY 1996-97

Bench: Shri O.P.Kant & Shri Kuldip Singh

For Appellant: Smt. Shashi M, Kapila, P. Sharma, AdvFor Respondent: Shri G.K.Dhall, CIT-DR
Section 143(3)Section 2Section 271(1)(c)Section 274Section 274(2)(b)Section 36Section 4

u/s 2 ITA No.3459/Del./2014 271(1)(c) of the Income Tax Act, 1961 (for short ‘the Act’), qua the assessment year 2009-10 on the grounds inter alia that :- “The Learned Commissioner of Income tax (Appeals) - XXV, New Delhi [“Ld. CIT(A)”] erred in law and facts by sustaining the penalty imposed on the appellant vide order dated

ACIT, NEW DELHI vs. M/S DLF LTD., NEW DELHI

ITA 3061/DEL/2011[2006-07]Status: DisposedITAT Delhi11 Mar 2016AY 2006-07

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

Section 133ASection 142Section 143(2)Section 144Section 146Section 250

VIIA – basis of POCM Working for 8 VIID projects Page 4 of 144 16. TOR – 15 & 20 Reclassification of Income 321 326 8,15,68,758 Volume – VIII from House property Reconciliation of rental 326 329 4,49,85,573 income with TDS Certificate Notional Income from House 330 346 3,27,52,542 properties 17. TOR – 20 Compensation paid

DLF LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

ITA 2677/DEL/2011[2006-07]Status: DisposedITAT Delhi11 Mar 2016AY 2006-07

Bench: Shri A.T. Varkey & Shri Prashant Maharishi

Section 133ASection 142Section 143(2)Section 144Section 146Section 250

VIIA – basis of POCM Working for 8 VIID projects Page 4 of 144 16. TOR – 15 & 20 Reclassification of Income 321 326 8,15,68,758 Volume – VIII from House property Reconciliation of rental 326 329 4,49,85,573 income with TDS Certificate Notional Income from House 330 346 3,27,52,542 properties 17. TOR – 20 Compensation paid

CAIRN UK HOLDING LTD.,AHMEDABAD vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

In the result ground No. 5 of the appeal of the assessee is allowed

ITA 1669/DEL/2016[2007-08]Status: DisposedITAT Delhi09 Mar 2017AY 2007-08

Bench: Shri H. S. Sidhu & Shri Prashant Maharishi

For Appellant: Shri Percy Pardiwala Sr. AdvFor Respondent: Shri Sanjay Puri CIT
Section 143(3)Section 144

Section 148, the reassessment had been initiated without any basis and information and as such the same is liable to be quashed. Furthermore, as noted above, no new documents were discovered by the survey proceedings in January 2014 - all of the documents in question had been in the hands of the government in 2006. The reason that

M/S. HOUSING & URBAN DEVELOPMENT CORPORATION LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

ITA 1166/DEL/2012[2005-06]Status: DisposedITAT Delhi09 Feb 2016AY 2005-06

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

Section 139(5)Section 143(1)Section 143(2)Section 14A

penalty proceedings under Section 271(1)(c) have been initiated separately. (Addition of Rs. 3,27,500) 19 ITA Nos. 4303/Del/2009; 1166 to1168/Del/2012; 3365 & 3366/Del/2013; 1561 & 1562/Del/2012 Housing & Urban Development Corp. Ltd. 9.4 Once, the condition of dissatisfaction is fulfilled; the issue left before us is to decide the quantum of disallowance. We have seen that in assessment years

M/S. HOUSING & URBAN DEVELOPMENT CORPORATION LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

ITA 1167/DEL/2012[2006-07]Status: DisposedITAT Delhi09 Feb 2016AY 2006-07

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

Section 139(5)Section 143(1)Section 143(2)Section 14A

penalty proceedings under Section 271(1)(c) have been initiated separately. (Addition of Rs. 3,27,500) 19 ITA Nos. 4303/Del/2009; 1166 to1168/Del/2012; 3365 & 3366/Del/2013; 1561 & 1562/Del/2012 Housing & Urban Development Corp. Ltd. 9.4 Once, the condition of dissatisfaction is fulfilled; the issue left before us is to decide the quantum of disallowance. We have seen that in assessment years

M/S. HOUSING & URBAN DEVELOPMENT CORPORATION LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

ITA 1168/DEL/2012[2007-08]Status: DisposedITAT Delhi09 Feb 2016AY 2007-08

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

Section 139(5)Section 143(1)Section 143(2)Section 14A

penalty proceedings under Section 271(1)(c) have been initiated separately. (Addition of Rs. 3,27,500) 19 ITA Nos. 4303/Del/2009; 1166 to1168/Del/2012; 3365 & 3366/Del/2013; 1561 & 1562/Del/2012 Housing & Urban Development Corp. Ltd. 9.4 Once, the condition of dissatisfaction is fulfilled; the issue left before us is to decide the quantum of disallowance. We have seen that in assessment years

ACIT, NEW DELHI vs. M/S. HOUSING & URBAN DEVELOPMENT CORP. LTD. (HUDCO), NEW DELHI

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

ITA 1561/DEL/2012[2006-07]Status: DisposedITAT Delhi09 Feb 2016AY 2006-07

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

Section 139(5)Section 143(1)Section 143(2)Section 14A

penalty proceedings under Section 271(1)(c) have been initiated separately. (Addition of Rs. 3,27,500) 19 ITA Nos. 4303/Del/2009; 1166 to1168/Del/2012; 3365 & 3366/Del/2013; 1561 & 1562/Del/2012 Housing & Urban Development Corp. Ltd. 9.4 Once, the condition of dissatisfaction is fulfilled; the issue left before us is to decide the quantum of disallowance. We have seen that in assessment years

ACIT, NEW DELHI vs. M/S. HOUSING & URBAN DEVELOPMENT CORP. LTD. (HUDCO), NEW DELHI

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

ITA 1562/DEL/2012[2007-08]Status: DisposedITAT Delhi09 Feb 2016AY 2007-08

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

Section 139(5)Section 143(1)Section 143(2)Section 14A

penalty proceedings under Section 271(1)(c) have been initiated separately. (Addition of Rs. 3,27,500) 19 ITA Nos. 4303/Del/2009; 1166 to1168/Del/2012; 3365 & 3366/Del/2013; 1561 & 1562/Del/2012 Housing & Urban Development Corp. Ltd. 9.4 Once, the condition of dissatisfaction is fulfilled; the issue left before us is to decide the quantum of disallowance. We have seen that in assessment years

M/S HOUSING & URBAN DEVLOPMENT CORPORATION LTD.,,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

ITA 3365/DEL/2013[2008-09]Status: DisposedITAT Delhi09 Feb 2016AY 2008-09

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

Section 139(5)Section 143(1)Section 143(2)Section 14A

penalty proceedings under Section 271(1)(c) have been initiated separately. (Addition of Rs. 3,27,500) 19 ITA Nos. 4303/Del/2009; 1166 to1168/Del/2012; 3365 & 3366/Del/2013; 1561 & 1562/Del/2012 Housing & Urban Development Corp. Ltd. 9.4 Once, the condition of dissatisfaction is fulfilled; the issue left before us is to decide the quantum of disallowance. We have seen that in assessment years

M/S HOUSING & URBAN DEVLOPMENT CORPORATION LTD.,,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

ITA 3366/DEL/2013[2009-10]Status: DisposedITAT Delhi09 Feb 2016AY 2009-10

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

Section 139(5)Section 143(1)Section 143(2)Section 14A

penalty proceedings under Section 271(1)(c) have been initiated separately. (Addition of Rs. 3,27,500) 19 ITA Nos. 4303/Del/2009; 1166 to1168/Del/2012; 3365 & 3366/Del/2013; 1561 & 1562/Del/2012 Housing & Urban Development Corp. Ltd. 9.4 Once, the condition of dissatisfaction is fulfilled; the issue left before us is to decide the quantum of disallowance. We have seen that in assessment years

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

In the result, both the appeals filed by the Revenue are allowed for statistical purpose

ITA 4303/DEL/2009[2004-05]Status: DisposedITAT Delhi09 Feb 2016AY 2004-05

Bench: H.S. Sidhu & Sh. O.P. Kantsl. No.

Section 139(5)Section 143(1)Section 143(2)Section 14A

penalty proceedings under Section 271(1)(c) have been initiated separately. (Addition of Rs. 3,27,500) 19 ITA Nos. 4303/Del/2009; 1166 to1168/Del/2012; 3365 & 3366/Del/2013; 1561 & 1562/Del/2012 Housing & Urban Development Corp. Ltd. 9.4 Once, the condition of dissatisfaction is fulfilled; the issue left before us is to decide the quantum of disallowance. We have seen that in assessment years

KAVITA AGARWAL,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 19, NEW DELHI

ITA 5858/DEL/2018[2011-12]Status: DisposedITAT Delhi30 Jun 2021AY 2011-12
Section 10(38)Section 111ASection 112Section 115JSection 143(1)Section 143(3)Section 14ASection 32

Penalty u/s 271(1)(c) is initiated for furnishing of inaccurate particulars of income and concealment of the particulars of income.” 10.1 The Ld. first appellate authority has upheld the disallowance by relying on the appellate order passed by him in the case of the assessee for AY 2011-12. The Ld AR has filed a copy of the appellate

M/S THE ORIENTAL INSURANCE CO. LTD.,,NEW DELHI vs. DCIT, NEW DELHI

ITA 4535/DEL/2016[2010-11]Status: DisposedITAT Delhi30 Jun 2021AY 2010-11
Section 10(38)Section 111ASection 112Section 115JSection 143(1)Section 143(3)Section 14ASection 32

Penalty u/s 271(1)(c) is initiated for furnishing of inaccurate particulars of income and concealment of the particulars of income.” 10.1 The Ld. first appellate authority has upheld the disallowance by relying on the appellate order passed by him in the case of the assessee for AY 2011-12. The Ld AR has filed a copy of the appellate

THE ORIENTAL INSURANCE CO. LTD.,NEW DELHI vs. DCIT, CIRCLE- 1, LTU, NEW DELHI

ITA 1952/DEL/2018[2013-14]Status: DisposedITAT Delhi29 May 2023AY 2013-14

Bench: Sh. Anil Chaturvedi & Sh.Anubhav Sharmaita No. 1952/Del/2018, A.Y. 2013-14 M/S. The Oriental Insurance Co. Vs. Dcit, Ltd. Circle-1, Ltu, A-25/27, Asaf Ali Road, New Delhi New Delhi- 110002 Pan :Aaact0627R

Section 10(38)Section 111ASection 115JSection 143(3)Section 14ASection 32

Penalty u/s 271(1)(c) is initiated for furnishing of inaccurate particulars of income and concealment of the particulars of income.” 10.1 The Ld. first appellate authority has upheld the disallowance by relying on the appellate order passed by him in the case of the assessee for AY 2011-12. The Ld AR has filed a copy of the appellate

DCIT, CIRCLE- 1, LTU, NEW DELHI vs. THE ORIENTAL INSURANCE CO. LTD., NEW DELHI

ITA 1750/DEL/2018[2013-14]Status: DisposedITAT Delhi29 May 2023AY 2013-14

Bench: Sh. Anil Chaturvedi & Sh.Anubhav Sharmaita No. 1952/Del/2018, A.Y. 2013-14 M/S. The Oriental Insurance Co. Vs. Dcit, Ltd. Circle-1, Ltu, A-25/27, Asaf Ali Road, New Delhi New Delhi- 110002 Pan :Aaact0627R

Section 10(38)Section 111ASection 115JSection 143(3)Section 14ASection 32

Penalty u/s 271(1)(c) is initiated for furnishing of inaccurate particulars of income and concealment of the particulars of income.” 10.1 The Ld. first appellate authority has upheld the disallowance by relying on the appellate order passed by him in the case of the assessee for AY 2011-12. The Ld AR has filed a copy of the appellate

CRAYONS ADVERTISING (P) LTD.,NEW DELHI vs. DCIT CIRCLE-6(2), NEW DELHI

In the result, this appeal of the assessee is partly allowed for statistical purpose

ITA 7491/DEL/2019[2015-16]Status: DisposedITAT Delhi09 Sept 2022AY 2015-16

Bench: Shri Shamim Yahya & Shri Yogesh Kumar Us[Assessment Year: 2015-16]

Section 10(38)Section 234BSection 28Section 36Section 56(2)(vii)

36(l)(vii) of the Act and alternatively as business loss under section 28 of the Act. 5. That the learned Commissioner of Income Tax (Appeals) has erred both in law and on facts in upholding the levy of interest under section 234B of the Act. Apropos Ground No.1. 3. On this issue, the Assessing Officer noted that vide letter