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6 results for “penalty u/s 271”+ Section 161clear

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Key Topics

Section 1478Section 69A6Section 1483Section 92C3Addition to Income3Section 372Section 143(2)2Section 143(3)2Reopening of Assessment

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

161 (Allahabad HC): The High Court held that Section 69A cannot be invoked if the assessee does not maintain any books of account. The phrase "if any" is crucial. The absence of books itself negates the application of the section. 3. The Addition Ignores the Source of Funds - Accumulated Savings & Retirement Benefits Objection: The CIT(A) arbitrarily dismissed the appellant

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

2
Disallowance2

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

BRIGHTCOM GROUP LIMITED (FORMERLY KNOWN AS LYCOS INTERNET LIMITED),HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-16(1),, HYDERABAD

In the result, the appeal filed by the assessee is allowed in terms of our observations given hereinabove

ITA 1862/HYD/2017[2013-14]Status: DisposedITAT Hyderabad03 Dec 2025AY 2013-14
Section 145Section 92BSection 92C

penalty proceedings u/s. 271(1)(c), 271AA and 271BA of the Income Tax Act. The assessee may add, alter or modify any other point to the Grounds of appeal at any time before or at the time of hearing of the appeal.” 3. The assessee also raised the additional grounds on 19.11.2019 which read as under : “6. The Ld. AO/DRP

REEMA AGARWAL,HYDERABAD vs. ACIT, CENTRAL CIRCLE-2(3), HYDERABAD

In the result, appeal of the Assessee is allowed

ITA 353/HYD/2021[2014-15]Status: DisposedITAT Hyderabad26 Feb 2026AY 2014-15
For Appellant: CA P Murali Mohan RaoFor Respondent: \nDr. Narendra Kumar Naik, CIT-DR
Section 111ASection 139(1)

161 taxmann.com 702 (Orissa-HC);\nii. PCIT vs. Kuntala Mahopatra [2024] 160 taxmann.com\n608 (SC)\nSLP filed by the Revenue was dismissed\nagainst the Judgment of Hon'ble Orissa High Court\nreported in [2024] 160 taxmann.com 567 (Orissa-HC);\niii. Order of ITAT, Kolkata Bench in the case of Chandra\nPrakash Jhunjhunwala, Kolkata vs. DCIT, CC-3(4),\nKolkata

DY. COMMISSIONER OF INCOME TAX , CIRCLE-17(1), HYDERABAD vs. DRS LOGISTICS PRIVATE LIMITED , SECUNDERABAD

In the result, the appeal of the Revenue is dismissed

ITA 1718/HYD/2018[2008-09]Status: DisposedITAT Hyderabad17 Oct 2023AY 2008-09

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

For Appellant: Shri KC DevdasFor Respondent: Shri K. Madhusudan. Sr. AR
Section 133ASection 143(2)Section 143(3)Section 147Section 148

penalty provisions u/s 271 B and reference can be made 142(2A) for the special audit may be looked into.” 6.1. On the basis of the above, it was submitted by the ld.DR that the Assessing Officer has formed prima facie reason to believe on the basis of material available on record that there was an under assessment or escapement

SKANDA BUILDERS,KURNOOL vs. ACIT., CENTRAL CIRCLE-2(3), HYDERABAD

ITA 530/HYD/2025[2019-20]Status: DisposedITAT Hyderabad20 Aug 2025AY 2019-20

penalties. However, this argument fails to hold weight as during\n\nITA.Nos.514 to 539/Hyd./2025,\nAnd ITA.Nos.308 to 311/Hyd./2025.\n\n40\n\nthe search conducted under Section 132 of the Income Tax Act, the\nManaging Director and Tax Consultant of the appellant, made key\nadmissions acknowledging discrepancies in income reporting.\nThese admissions pertained to unrecorded cash transactions