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39 results for “penalty u/s 271”+ Section 133(6)clear

Sorted by relevance

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Key Topics

Addition to Income37Section 80I31Section 26316Section 12A14Section 69A12Section 143(3)11Section 14411Section 6811Section 153A

SRI ADITYA HOMES PRIVATE LIMITED,HYDERABAD vs. ACIT, CENTRAL CIRCLE-2(2), HYDERABAD

In the result, the appeal of the assessee in ITA

ITA 230/HYD/2023[2016-17]Status: DisposedITAT Hyderabad21 Jul 2023AY 2016-17

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: Sri A.V. RaghuramFor Respondent: Sri Jeevan Lal Lavidiya, CIT-DR
Section 115JSection 143(1)Section 143(2)Section 143(3)Section 153ASection 263Section 271Section 271(1)Section 271(1)(c)Section 275

Showing 1–20 of 39 · Page 1 of 2

11
Cash Deposit8
Deduction8
Penalty7

6 months from the end of the month of passing of the order, therefore, the ld.PCIT is precluded from revising the order u/s 263 of the Act. It was submitted that the ld.PCIT cannot do indirectly what he cannot do directly. To substantiate his contention, ld. AR has relied upon the provisions of section 275, which is to the following

SRI ADITYA HOMES PRIVATE LIMITED,HYDERABAD vs. ACIT, CENTRAL CIRCLE-2(2), HYDERABAD

In the result, the appeal of the assessee in ITA

ITA 231/HYD/2023[2017-18]Status: DisposedITAT Hyderabad21 Jul 2023AY 2017-18

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: Sri A.V. RaghuramFor Respondent: Sri Jeevan Lal Lavidiya, CIT-DR
Section 115JSection 143(1)Section 143(2)Section 143(3)Section 153ASection 263Section 271Section 271(1)Section 271(1)(c)Section 275

6 months from the end of the month of passing of the order, therefore, the ld.PCIT is precluded from revising the order u/s 263 of the Act. It was submitted that the ld.PCIT cannot do indirectly what he cannot do directly. To substantiate his contention, ld. AR has relied upon the provisions of section 275, which is to the following

RAMACHANDRAN BANDHUVULA,HYDERABAD vs. ITO WARD-3(1), HYDERABAD

In the result, appeal filed by the assessee is allowed

ITA 523/HYD/2022[2017-18]Status: DisposedITAT Hyderabad19 Apr 2023AY 2017-18

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2017-18 Shri Ramachandran Vs. Income Tax Officer Bandhuvula, Hyderabad Ward 3(1) Pan:Aczpb3228M Hyderabad (Appellant) (Respondent) Assessee By: Advocate Smt. S. Sandhya Revenue By: Shri Kprr Murthy, Cit(Dr) Date Of Hearing: 17/04/2023 Date Of Pronouncement: 19/04/2023 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.08.2022 Of The Learned Cit (A)-Nfac Delhi, Relating To A.Y.2017-18. 2. The Grounds Raised By The Assessee Are As Under: “1. The Order Of The Learned Commissioner Of Income-Tax (Appeals) 15 Erroneous To The Extent It Is Prejudicial To The Appellant. 2. The Order Of The Learned Commissioner Of Income-Tax (Appeals) Erred In Levy Of Penalty U/S 271D Of The I.T Act. Without Giving Proper Opportunity. 3. The Learned Commissioner Of Income-Tax (Appeals) Ought To Have Observed That The Transaction Of Sale Doesn'T Fall During The Previous Year Relevant For Assessment Year Under Consideration As The Registration Took Place On. 20.01.2016 Relevant For The Assessment Year 2016-17. Page 1 Of 8

For Appellant: Advocate Smt. S. SandhyaFor Respondent: Shri KPRR Murthy, CIT(DR)
Section 143(2)Section 269SSection 271D

133 Taxman 426] where it was held that where the transaction got duly concluded that the reflected in the books, it could not be assessee had entered into a defraud transaction to avoid payment of tax or to revenue. Hence, penalty U/S 271D cannot be levied. In the instant case also, the was transaction under of capital gains got duly

INCOME TAX OFFICER, WARD-1, CHITTOOR vs. G VIJAYASIMHA REDDY, BENGALURU

In the result, the appeal of Revenue in ITA

ITA 376/HYD/2023[2015-16]Status: HeardITAT Hyderabad05 Jan 2024AY 2015-16

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: Shri Y V Bhanu NarayanFor Respondent: Ms. Sheetal Sarin, Sr. AR
Section 148Section 2(13)Section 54F

penalty proceedings u/s 271(1)C are being initiated.” 7.1. Before us, Ld. DR submitted that the activities of the assessee are in the nature of business as the assessee had entered into the JDA. The ld. DR submitted that the assessee had in fact had entered into JDA, which was akin to partnership, as there was an element

PEDA SUBBA RAO UNNAM,ADDANKI vs. ITO , WARD-1, ONGOLE

In the result, the appeal filed by the assessee is allowed

ITA 1664/HYD/2025[2015-16]Status: DisposedITAT Hyderabad28 Jan 2026AY 2015-16

Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI MANJUNATHA G, HON'BLE (Accountant Member)

Section 147Section 148Section 149Section 149(1)(a)Section 69A

271(1)(c) in the assessment order itself, for both "furnishing inaccurate particulars of income" and "concealment of income." Crucially, these penalty proceedings were kept pending and not concluded, awaiting the outcome of the appeal. Argument: This action reveals a fundamental flaw in the AO's approach. By initiating penalty during the assessment, the AO demonstrated a pre- concluded guilty

CMR ENGINEERING EDUCATIONAL SOCIETY,HYDERABAD vs. DCIT., CENTRAL CIRCLE-2(1), HYDERABAD

In the result, the appeal filed by the assessee is allowed

ITA 870/HYD/2025[2022-23]Status: DisposedITAT Hyderabad25 Aug 2025AY 2022-23

Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI MANJUNATHA G, HON’BLE (Accountant Member)

Section 12A

133(6) issued by the A.O. or Ld. PCIT (Central), there is no doubts of whatsoever with regard to the fact that the Ld. PCIT (Central) failed to prove existence of any donation or capitation fee for the impugned assessment year under consideration and further, there is no evidence with the Ld. PCIT (Central) to allege that the appellant society

NETENRICH TECHNOLOGIES PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE - 5(1), HYDERABAD

In the result, the appeal filed by the assessee is allowed

ITA 870/HYD/2024[2020-2021]Status: DisposedITAT Hyderabad02 Jan 2025AY 2020-2021

Bench: SHRI MANJUNATHA G. (Accountant Member), SHRI K.NARASIMHA CHARY (Judicial Member)

Section 12A

133(6) issued by the A.O. or Ld. PCIT (Central), there is no doubts of whatsoever with regard to the fact that the Ld. PCIT (Central) failed to prove existence of any donation or capitation fee for the impugned assessment year under consideration and further, there is no evidence with the Ld. PCIT (Central) to allege that the appellant society

DCIT, CENTRAL CIRLCE-2(1), HYD, HYDERABAD vs. HES INFRA PVT LTD., HYD, HYDERABAD

In the result, the appeal of Revenue in ITA

ITA 606/HYD/2016[2012-13]Status: DisposedITAT Hyderabad31 Jul 2023AY 2012-13

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

For Appellant: Ms. T. Vijaya Lakshmi, CIT-DRFor Respondent: Shri A. Srinivas, C.A
Section 143(3)Section 153ASection 80I

133 Taxmann.458, against which SLP had been filed by the department and the same was dismissed. Though, the assessee may be having a case on merit but before examine the eligibility of the assessee under Section 80-IA of the Act, assessee is required to cross the first hurdle i.e., whether the assessee can be permitted to make a fresh

DCIT, CENTRAL CIRLCE-2(1), HYD, HYDERABAD vs. HES INFRA PVT LTD., HYD, HYDERABAD

In the result, the appeal of Revenue in ITA

ITA 603/HYD/2016[2009-10]Status: DisposedITAT Hyderabad31 Jul 2023AY 2009-10

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

For Appellant: Ms. T. Vijaya Lakshmi, CIT-DRFor Respondent: Shri A. Srinivas, C.A
Section 143(3)Section 153ASection 80I

133 Taxmann.458, against which SLP had been filed by the department and the same was dismissed. Though, the assessee may be having a case on merit but before examine the eligibility of the assessee under Section 80-IA of the Act, assessee is required to cross the first hurdle i.e., whether the assessee can be permitted to make a fresh

DCIT, CENTRAL CIRLCE-2(1), HYD, HYDERABAD vs. HES INFRA PVT LTD., HYD, HYDERABAD

In the result, the appeal of Revenue in ITA

ITA 604/HYD/2016[2010-11]Status: DisposedITAT Hyderabad31 Jul 2023AY 2010-11

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

For Appellant: Ms. T. Vijaya Lakshmi, CIT-DRFor Respondent: Shri A. Srinivas, C.A
Section 143(3)Section 153ASection 80I

133 Taxmann.458, against which SLP had been filed by the department and the same was dismissed. Though, the assessee may be having a case on merit but before examine the eligibility of the assessee under Section 80-IA of the Act, assessee is required to cross the first hurdle i.e., whether the assessee can be permitted to make a fresh

DCIT, CENTRAL CIRLCE-2(1), HYD, HYDERABAD vs. HES INFRA PVT LTD., HYD, HYDERABAD

In the result, the appeal of Revenue in ITA

ITA 605/HYD/2016[2011-12]Status: DisposedITAT Hyderabad31 Jul 2023AY 2011-12

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

For Appellant: Ms. T. Vijaya Lakshmi, CIT-DRFor Respondent: Shri A. Srinivas, C.A
Section 143(3)Section 153ASection 80I

133 Taxmann.458, against which SLP had been filed by the department and the same was dismissed. Though, the assessee may be having a case on merit but before examine the eligibility of the assessee under Section 80-IA of the Act, assessee is required to cross the first hurdle i.e., whether the assessee can be permitted to make a fresh

MEENA JEWELLERS EXTENSION PRIVATE LIMITED,HYDERABAD vs. ACIT, CIRCLE-5(1), HYDERABAD

In the result, appeal filed by the assessee in ITA

ITA 385/HYD/2024[2017-18]Status: DisposedITAT Hyderabad10 Jan 2025AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.328/Hyd/2024 To 330/Hyd/2024 & Ita 385/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2017-18 & 2018-19) M/S Meena Jewellers Vs. Acit, Circle-5(1) / Extension Private Limited Circle-16(2) Hyderabad Hyderabad [Pan :Aaicm3013G]

For Appellant: Shri P.Murali Mohan RaoFor Respondent: Shri M.Vijay Kumar, CIT-DR
Section 144Section 250Section 68Section 69A

Section 144 of the Act is not correct, which is liable to be quashed. 4. The Ld.CIT(A) ought to have quashed the assessment made u/s 144 of the Act and ought to have appreciated the fact that when the assessment itself is invalid, the additions made in such assessment are invalid and are liable to be deleted

MEENA JEWELLERS EXTENSION PRIVATE LIMITED,HYDERABAD vs. ACIT, CIRCLE-5(1), HYDERABAD

In the result, appeal filed by the assessee in ITA

ITA 330/HYD/2024[2018-19]Status: DisposedITAT Hyderabad10 Jan 2025AY 2018-19

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.328/Hyd/2024 To 330/Hyd/2024 & Ita 385/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2017-18 & 2018-19) M/S Meena Jewellers Vs. Acit, Circle-5(1) / Extension Private Limited Circle-16(2) Hyderabad Hyderabad [Pan :Aaicm3013G]

For Appellant: Shri P.Murali Mohan RaoFor Respondent: Shri M.Vijay Kumar, CIT-DR
Section 144Section 250Section 68Section 69A

Section 144 of the Act is not correct, which is liable to be quashed. 4. The Ld.CIT(A) ought to have quashed the assessment made u/s 144 of the Act and ought to have appreciated the fact that when the assessment itself is invalid, the additions made in such assessment are invalid and are liable to be deleted

MEENA JEWELLERS EXTENSION PRIVATE LIMITED,HYDERABAD vs. ACIT, CIRCLE-16(2),, HYDERABAD

In the result, appeal filed by the assessee in ITA

ITA 329/HYD/2024[2017-18]Status: DisposedITAT Hyderabad10 Jan 2025AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.328/Hyd/2024 To 330/Hyd/2024 & Ita 385/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2017-18 & 2018-19) M/S Meena Jewellers Vs. Acit, Circle-5(1) / Extension Private Limited Circle-16(2) Hyderabad Hyderabad [Pan :Aaicm3013G]

For Appellant: Shri P.Murali Mohan RaoFor Respondent: Shri M.Vijay Kumar, CIT-DR
Section 144Section 250Section 68Section 69A

Section 144 of the Act is not correct, which is liable to be quashed. 4. The Ld.CIT(A) ought to have quashed the assessment made u/s 144 of the Act and ought to have appreciated the fact that when the assessment itself is invalid, the additions made in such assessment are invalid and are liable to be deleted

MEENA JEWELLERS EXTENSION PRIVATE LIMITED,HYDERABAD vs. ACIT, CIRCLE-16(2) , HYDERABD

In the result, appeal filed by the assessee in ITA

ITA 328/HYD/2024[2017-18]Status: DisposedITAT Hyderabad10 Jan 2025AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita No.328/Hyd/2024 To 330/Hyd/2024 & Ita 385/Hyd/2024 (निर्धारण वर्ा/Assessment Year: 2017-18 & 2018-19) M/S Meena Jewellers Vs. Acit, Circle-5(1) / Extension Private Limited Circle-16(2) Hyderabad Hyderabad [Pan :Aaicm3013G]

For Appellant: Shri P.Murali Mohan RaoFor Respondent: Shri M.Vijay Kumar, CIT-DR
Section 144Section 250Section 68Section 69A

Section 144 of the Act is not correct, which is liable to be quashed. 4. The Ld.CIT(A) ought to have quashed the assessment made u/s 144 of the Act and ought to have appreciated the fact that when the assessment itself is invalid, the additions made in such assessment are invalid and are liable to be deleted

SINGANAMALA SARALA,HYDERABAD vs. ACIT., CENTRAL CIRCLE-1(2), HYDERABAD

In the result, the appeal of the assessee is dismissed

ITA 200/HYD/2024[2020-21]Status: DisposedITAT Hyderabad16 Apr 2025AY 2020-21

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

For Appellant: Shri A. Srinivas, C.AFor Respondent: : Ms. M. Narmada, CIT-DR
Section 132Section 143(3)Section 153CSection 153DSection 263Section 269S

u/s. 153C of the Act, the Ld. AO noted that the assessee had received sales consideration over and above the registered sale deed, in cash, which was not accounted for by the assessee amounting to Rs.9 Crores. Hence, the Learned Assessing Officer (“Ld. AO”) completed the assessment u/s.143(3) r.w.s. 153C of the Act on 25.09.2021 making the addition

ORCHASP LIMITED ,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX ,CIRCLE-1(2) , HYDERABAD

In the result, the Tax Case Appeals are dismissed and the substantial questions of law are answered against the Revenue

ITA 182/HYD/2022[2011-12]Status: DisposedITAT Hyderabad20 Apr 2023AY 2011-12

Bench: Shri R.K. Panda & Shri K. Narasimha Charyassessment Year: 2011-12 Orchasp Limited Vs. Dy. Cit Hyderabad Circle 1(2) Pan:Aabcc4776F Hyderabad (Appellant) (Respondent) Assessee By: Shri P. Murali Mohan Rao, Ca Revenue By: Shri B. Yadagiri, Dr Date Of Hearing: 13/04/2023 Date Of Pronouncement: 20/04/2023 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 23/03/2022 Of The Learned Cit (A)- Nfac, Relating To A.Y. 2011-12. 2. The Grounds Raised By The Assessee Are As Under: “1. On The Facts & In The Circumstances Of The Case The Appellate Order Passed By The Cit(A) Is Erroneous Both On Facts & In Law To The Extent The Order Is Prejudicial To The Interest Of The Appellant. 2. The Cit(A) Ought To Have Appreciated The Fact That The Amount Of Investment Made Is Completely In Wholly Owned Subsidiary Company Which Is Revenue In Nature & Not A Capital Expenditure. 3. The Ld. Cit(A) Ought To Have Accepted The Investments Written Off Of Rs.3,60,72,141/- Since The Said Amount Was Not Received From The Third Party To The Subsidiary & Thus, The Same Amount Was Written Off By The Virtue Of The Circular No. 69 Dt. 27-07-2011 Issued By Rbi.

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: Shri B. Yadagiri, DR
Section 143(2)Section 271(1)(c)Section 37Section 37(1)

penalty proceedings u/s. 271(1)(c) of the Income Tax Act since the appellant has neither concealed any income nor furnished any inaccurate particulars of income. 12. The assessee may add, alter or modify any other points to the grounds of appeal at any time before or at the time of hearing of the appeal.” 3. Grounds of appeal No.1

MARUTHI EDUCATIONAL SOCIETY,HYDERABAD vs. DCIT., CENTRAL CIRCLE-2(1), HYDERABAD

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

ITA 873/HYD/2025[2019-20]Status: DisposedITAT Hyderabad25 Aug 2025AY 2019-20

Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI MANJUNATHA G, HON’BLE (Accountant Member)

Section 12A

133(6) issued by the A.O. or Ld. PCIT (Central), there is no doubts of whatsoever with regard to the fact that the Ld. PCIT (Central) failed to prove existence of any donation or capitation fee for the impugned assessment year under consideration and further, there is no evidence with the Ld. PCIT (Central) to allege that the appellant society

MARRI EDUCATIONAL SOCIETY,HYDERABAD vs. DCIT., CENTRAL CIRCLE-2(1), HYDERABAD

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

ITA 863/HYD/2025[2022-23]Status: DisposedITAT Hyderabad25 Aug 2025AY 2022-23

Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI MANJUNATHA G, HON’BLE (Accountant Member)

Section 12A

133(6) issued by the A.O. or Ld. PCIT (Central), there is no doubts of whatsoever with regard to the fact that the Ld. PCIT (Central) failed to prove existence of any donation or capitation fee for the impugned assessment year under consideration and further, there is no evidence with the Ld. PCIT (Central) to allege that the appellant society

CMR TECHNICAL EDUCATION SOCIETY,HYDERABAD vs. DCIT., CENTRAL CIRCLE-2(1), HYDERABAD

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

ITA 866/HYD/2025[2019-20]Status: DisposedITAT Hyderabad25 Aug 2025AY 2019-20

Bench: SHRI VIJAY PAL RAO, HON’BLE (Vice President), SHRI MANJUNATHA G, HON’BLE (Accountant Member)

Section 12A

133(6) issued by the A.O. or Ld. PCIT (Central), there is no doubts of whatsoever with regard to the fact that the Ld. PCIT (Central) failed to prove existence of any donation or capitation fee for the impugned assessment year under consideration and further, there is no evidence with the Ld. PCIT (Central) to allege that the appellant society