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24 results for “penalty u/s 271”+ Section 10(14)clear

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Key Topics

Section 25030Section 10(26)30Section 271(1)(c)21Addition to Income18Section 271A17Section 27116Section 153A15Penalty13Section 143(3)

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, GUWAHATI vs. M/S. HITECH CONSTRUCTION, DHUBRI

In the result, the appeals filed by the Revenue in ITA Nos

ITA 134/GTY/2020[2015-16]Status: DisposedITAT Guwahati13 Apr 2023AY 2015-16

Bench: Dr. Manish Borad & Sri Sonjoy Sarma

Section 132Section 139Section 153ASection 250Section 271Section 271(1)(c)Section 271A

10 of 23 I.T.A. Nos.: 133, 134 & 135/GTY/2020 AYs: 2014-15, 2015-16 & 2016-17 M/s. Hitech Construction. of Ahmedabad in the case of Guruprasad Infrastructure Pvt. Ltd. vs. DCIT [2019 (7) TMI 1549-ITAT Ahmedabad] where the head note of this decision considering similar issues reads as follows: “Penalty u/s 271(1)(c) - income returned & accepted

Showing 1–20 of 24 · Page 1 of 2

7
Disallowance7
Section 1396
Search & Seizure5

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, GUWAHATI vs. M/S. HITECH CONSTRUCTION, DHUBRI

In the result, the appeals filed by the Revenue in ITA Nos

ITA 135/GTY/2020[2016-17]Status: DisposedITAT Guwahati13 Apr 2023AY 2016-17

Bench: Dr. Manish Borad & Sri Sonjoy Sarma

Section 132Section 139Section 153ASection 250Section 271Section 271(1)(c)Section 271A

10 of 23 I.T.A. Nos.: 133, 134 & 135/GTY/2020 AYs: 2014-15, 2015-16 & 2016-17 M/s. Hitech Construction. of Ahmedabad in the case of Guruprasad Infrastructure Pvt. Ltd. vs. DCIT [2019 (7) TMI 1549-ITAT Ahmedabad] where the head note of this decision considering similar issues reads as follows: “Penalty u/s 271(1)(c) - income returned & accepted

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, GUWAHATI vs. M/S. HITECH CONSTRUCTION, DHUBRI

In the result, the appeals filed by the Revenue in ITA Nos

ITA 133/GTY/2020[2014-15]Status: DisposedITAT Guwahati13 Apr 2023AY 2014-15

Bench: Dr. Manish Borad & Sri Sonjoy Sarma

Section 132Section 139Section 153ASection 250Section 271Section 271(1)(c)Section 271A

10 of 23 I.T.A. Nos.: 133, 134 & 135/GTY/2020 AYs: 2014-15, 2015-16 & 2016-17 M/s. Hitech Construction. of Ahmedabad in the case of Guruprasad Infrastructure Pvt. Ltd. vs. DCIT [2019 (7) TMI 1549-ITAT Ahmedabad] where the head note of this decision considering similar issues reads as follows: “Penalty u/s 271(1)(c) - income returned & accepted

SHREEMATI KENE WELLY,ITANAGAR vs. INCOME TAX OFFICER, WARD- NORTH LAKHIMPUR, NORTH LAKHIMPUR

In the result, the both the appeals filed by the assessees in I

ITA 179/GTY/2020[2015-16]Status: DisposedITAT Guwahati02 Jan 2023AY 2015-16

Bench: Sh. Sanjay Garg & Dr. Manish Borad

Section 10(26)Section 271Section 271(1)(c)Section 274

10(26) of the Act and in such circumstances, imposition of penalty under section 271(1)(c) of the Act by the ld. CIT(A) is travesty of justice. The same may kindly be deleted in its entirety. 13. For the impugned order having been passed by the ld. CIT(A) in utter disregard to the principles of natural justice

SHRI TAKING WELLY,ITANAGAR vs. INCOME TAX OFFICER, WARD- NORTH LAKHIMPUR, NORTH LAKHIMPUR

In the result, the both the appeals filed by the assessees in I

ITA 175/GTY/2020[2015-16]Status: DisposedITAT Guwahati02 Jan 2023AY 2015-16

Bench: Sh. Sanjay Garg & Dr. Manish Borad

Section 10(26)Section 271Section 271(1)(c)Section 274

10(26) of the Act and in such circumstances, imposition of penalty under section 271(1)(c) of the Act by the ld. CIT(A) is travesty of justice. The same may kindly be deleted in its entirety. 13. For the impugned order having been passed by the ld. CIT(A) in utter disregard to the principles of natural justice

BHAGYA KALITA,GUWAHATI vs. ACIT, CENTRAL CIRCLE-1, GUWAHATI

In the result, both the appeals filed by the assessee are partly allowed for statistical purposes

ITA 257/GTY/2024[2021-22]Status: DisposedITAT Guwahati29 Sept 2025AY 2021-22

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 132(1)Section 132(4)Section 139(1)Section 153ASection 250Section 271A

10% as per the provisions of clause (a) to sub-section (1A) of section 271AAB of the Act was leviable. The assessee has argued that it is not the ‘specified previous year’. If it is so, clause (b) of sub-section (1A) of section 271AAB of the Act is applicable if the case is not covered under the provisions

BHAGYA KALITA,GUWAHATI vs. ACIT, CENTRAL CIRCLE-1, GUWAHATI

In the result, both the appeals filed by the assessee are partly allowed for statistical purposes

ITA 256/GTY/2024[2020-21]Status: DisposedITAT Guwahati29 Sept 2025AY 2020-21

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 132(1)Section 132(4)Section 139(1)Section 153ASection 250Section 271A

10% as per the provisions of clause (a) to sub-section (1A) of section 271AAB of the Act was leviable. The assessee has argued that it is not the ‘specified previous year’. If it is so, clause (b) of sub-section (1A) of section 271AAB of the Act is applicable if the case is not covered under the provisions

NYANYA GOLLO,ITANAGAR vs. INCOME TAX OFFICER, WARD-1, TEZPUR

In the result, ITA No. 110/Gau/2020 is allowed and ITA No

ITA 110/GTY/2020[2016-17]Status: DisposedITAT Guwahati06 Oct 2023AY 2016-17

Bench: Shri Rajpal Yadav(Kz) & Shri Rajesh Kumar]

Section 10(26)Section 250Section 251(2)Section 271(1)(c)

14,44,929/- (8% of Rs.1,80,61,610/-) is allowed as exempted income under section 10(26) of the Act. Therefore, addition made by the AO, to the tune of Rs. 14.44,929/- is deleted and the balance addition of Rs. 29,08,124/- is confirmed. Apart from the above, as noted above, the Appellant has grossly failed

NYANYA GOLLO,ITANAGAR vs. INCOME TAX OFFICER, WARD-1, TEZPUR

In the result, ITA No. 110/Gau/2020 is allowed and ITA No

ITA 167/GTY/2020[2016-17]Status: DisposedITAT Guwahati06 Oct 2023AY 2016-17

Bench: Shri Rajpal Yadav(Kz) & Shri Rajesh Kumar]

Section 10(26)Section 250Section 251(2)Section 271(1)(c)

14,44,929/- (8% of Rs.1,80,61,610/-) is allowed as exempted income under section 10(26) of the Act. Therefore, addition made by the AO, to the tune of Rs. 14.44,929/- is deleted and the balance addition of Rs. 29,08,124/- is confirmed. Apart from the above, as noted above, the Appellant has grossly failed

M/S. ASSAM TEA CORPORATION LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

The appeals are allowed for statistical purposes

ITA 85/GTY/2020[2012-13]Status: DisposedITAT Guwahati20 Jul 2023AY 2012-13

Bench: Sri Rajpal Yadav & Sri Girish Agrawal

Section 143(2)Section 143(3)Section 150(1)Section 150(2)Section 250Section 271(1)(c)

14. In view of the above, the appeal of the assessee is allowed for statistical purposes. Now, we take up I.T.A. No.: 85/GTY/2020. 15. The present appeal is a penalty appeal. The grievance of the assessee is that ld. CIT(A) has erred in initiating the penalty u/s 271(1)(c) of the Act. Sub-Section 3 of Section 271

M/S. ASSAM TEA CORPORATION LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

The appeals are allowed for statistical purposes

ITA 216/GTY/2019[2012-13]Status: DisposedITAT Guwahati20 Jul 2023AY 2012-13

Bench: Sri Rajpal Yadav & Sri Girish Agrawal

Section 143(2)Section 143(3)Section 150(1)Section 150(2)Section 250Section 271(1)(c)

14. In view of the above, the appeal of the assessee is allowed for statistical purposes. Now, we take up I.T.A. No.: 85/GTY/2020. 15. The present appeal is a penalty appeal. The grievance of the assessee is that ld. CIT(A) has erred in initiating the penalty u/s 271(1)(c) of the Act. Sub-Section 3 of Section 271

TOSHEVI KEDITSU SEMA,KOHIMA vs. INCOME TAX OFFICER, WARD-2, DIMAPUR, DIMAPUR

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 241/GTY/2025[2014-15]Status: DisposedITAT Guwahati11 Dec 2025AY 2014-15

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 10(26)Section 133(6)Section 142(1)Section 144Section 147Section 149Section 250Section 69A

14,436.00 under the head Income from Other Sources in as much as the income of the appellant is exempt u/s 10(26) of the Act. 4. For that the Ld. CIT(A) was not justified in not accepting the claim of exemption of the appellant u/s 10(26) of the Act.” 3. We shall first take up the appeal

TOSHEVI KEDITSU SEMA,KOHIMA vs. INCOME TAX OFFICER, WARD-2, DIMAPUR, DIMAPUR

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 242/GTY/2025[2015-16]Status: DisposedITAT Guwahati11 Dec 2025AY 2015-16

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 10(26)Section 133(6)Section 142(1)Section 144Section 147Section 149Section 250Section 69A

14,436.00 under the head Income from Other Sources in as much as the income of the appellant is exempt u/s 10(26) of the Act. 4. For that the Ld. CIT(A) was not justified in not accepting the claim of exemption of the appellant u/s 10(26) of the Act.” 3. We shall first take up the appeal

SHYAMASHREE FINVEST (P) LTD,GUWAHATI vs. INCOME TAX OFFICER, WARD7(3), KOLKATA

In the result, the appeal filed by the assessee in I

ITA 106/GTY/2020[2014-15]Status: DisposedITAT Guwahati16 Jan 2023AY 2014-15

Bench: Dr. Manish Borad & Sri Sonjoy Sarma

Section 124Section 143(2)Section 250Section 271Section 68

penalty of Rs. 1,16,71,115/- made by the assessing officer U/s 271 (1)(c) on account of unverifiable investment. 2. That your appellant craves leave of your honour to take additional ground or grounds of appeal or to modify any grounds of appeal at or before the time of hearing.” 3. First we take up the quantum appeal

SHYAMASHREE FINVEST (P) LTD,GUWAHATI vs. INCOME TAX OFFICER, WARD7(3), KOLKATA

In the result, the appeal filed by the assessee in I

ITA 105/GTY/2020[2014-15]Status: DisposedITAT Guwahati16 Jan 2023AY 2014-15

Bench: Dr. Manish Borad & Sri Sonjoy Sarma

Section 124Section 143(2)Section 250Section 271Section 68

penalty of Rs. 1,16,71,115/- made by the assessing officer U/s 271 (1)(c) on account of unverifiable investment. 2. That your appellant craves leave of your honour to take additional ground or grounds of appeal or to modify any grounds of appeal at or before the time of hearing.” 3. First we take up the quantum appeal

DCIT, CENTRAL CIRCLE-1, GUWAHATIU vs. MANOHAR MERCHANTS (P) LTD.,, KOLKATA

In the result, all the appeals filed by the revenue are dismissed and the cross objections by the assessee are allowed

ITA 82/GTY/2023[2010-11]Status: DisposedITAT Guwahati01 Sept 2023AY 2010-11

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 80/Gty/2023 Assessment Year: 2010-11 Deputy Commissioner Of Income M/S. Potential Vincom Tax, Circle-1, Guwahati Vs Private Limited 5/1, 3Rd Floor Clive Row Kolkata - 700001 [Pan : Aaecp7667D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) C.O. No. 22/Gty/2023 Assessment Year: 2010-11 M/S. Potential Vincom Private Deputy Commissioner Of Income Vs Tax, Central Circle-1, Guwahati Limited 5/1, 3Rd Floor Clive Row Kolkata - 700001 [Pan : Aaecp7667D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent)

Section 250

10 and investing the same in the beneficiaries in the form of share capital and share premium. The ld. D/R while referring to the observations of the ld. CIT(A) submitted that the notices issued u/s 133(6) of the Act, were nonetheless complied and all the details the shares subscribing companies were filed but merely filing of details would

A.C.I.T., CIRCLE -1, GUWAHATI vs. M/S. SEEMA HOLDING PVT. LTD., KOLKATA

In the result, all the appeals filed by the revenue are dismissed and the cross objections by the assessee are allowed

ITA 83/GTY/2023[2011-12]Status: DisposedITAT Guwahati01 Sept 2023AY 2011-12

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 80/Gty/2023 Assessment Year: 2010-11 Deputy Commissioner Of Income M/S. Potential Vincom Tax, Circle-1, Guwahati Vs Private Limited 5/1, 3Rd Floor Clive Row Kolkata - 700001 [Pan : Aaecp7667D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) C.O. No. 22/Gty/2023 Assessment Year: 2010-11 M/S. Potential Vincom Private Deputy Commissioner Of Income Vs Tax, Central Circle-1, Guwahati Limited 5/1, 3Rd Floor Clive Row Kolkata - 700001 [Pan : Aaecp7667D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent)

Section 250

10 and investing the same in the beneficiaries in the form of share capital and share premium. The ld. D/R while referring to the observations of the ld. CIT(A) submitted that the notices issued u/s 133(6) of the Act, were nonetheless complied and all the details the shares subscribing companies were filed but merely filing of details would

DCIT, CENTRAL CIRCLE-1, GUWAHATI vs. POTENCIAL VINCOM (P) LTD.,, KOLKATA

In the result, all the appeals filed by the revenue are dismissed and the cross objections by the assessee are allowed

ITA 80/GTY/2023[2010-11]Status: DisposedITAT Guwahati01 Sept 2023AY 2010-11

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 80/Gty/2023 Assessment Year: 2010-11 Deputy Commissioner Of Income M/S. Potential Vincom Tax, Circle-1, Guwahati Vs Private Limited 5/1, 3Rd Floor Clive Row Kolkata - 700001 [Pan : Aaecp7667D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) C.O. No. 22/Gty/2023 Assessment Year: 2010-11 M/S. Potential Vincom Private Deputy Commissioner Of Income Vs Tax, Central Circle-1, Guwahati Limited 5/1, 3Rd Floor Clive Row Kolkata - 700001 [Pan : Aaecp7667D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent)

Section 250

10 and investing the same in the beneficiaries in the form of share capital and share premium. The ld. D/R while referring to the observations of the ld. CIT(A) submitted that the notices issued u/s 133(6) of the Act, were nonetheless complied and all the details the shares subscribing companies were filed but merely filing of details would

DCIT, CENTRAL CIRCLE-1, GUWAHATI vs. POTENCIAL VINCOM (P) LTD.,, KOLKATA

In the result, all the appeals filed by the revenue are dismissed and the cross objections by the assessee are allowed

ITA 81/GTY/2023[2010-11]Status: DisposedITAT Guwahati01 Sept 2023AY 2010-11

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 80/Gty/2023 Assessment Year: 2010-11 Deputy Commissioner Of Income M/S. Potential Vincom Tax, Circle-1, Guwahati Vs Private Limited 5/1, 3Rd Floor Clive Row Kolkata - 700001 [Pan : Aaecp7667D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) C.O. No. 22/Gty/2023 Assessment Year: 2010-11 M/S. Potential Vincom Private Deputy Commissioner Of Income Vs Tax, Central Circle-1, Guwahati Limited 5/1, 3Rd Floor Clive Row Kolkata - 700001 [Pan : Aaecp7667D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent)

Section 250

10 and investing the same in the beneficiaries in the form of share capital and share premium. The ld. D/R while referring to the observations of the ld. CIT(A) submitted that the notices issued u/s 133(6) of the Act, were nonetheless complied and all the details the shares subscribing companies were filed but merely filing of details would

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee for Assessment Year

ITA 2/GTY/2023[2014-15]Status: HeardITAT Guwahati05 Apr 2023AY 2014-15

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 143(3)Section 250Section 44A

u/s 250 of the Act dated 27.07.2022 running into 1017 pages allowing the deduction claimed u/s.80IA of the Act and the crux of his finding is summarized as under: “(i) That, in respect of an assessment year whose proceedings had abated, a Return of Income filed in compliance to the Notice issued u/s 153A of the Act, substitutes the prior/earlier