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263 results for “penalty u/s 271”+ Natural Justiceclear

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Key Topics

Section 271D182Section 271(1)(c)140Section 269S78Penalty73Addition to Income71Section 27162Section 153A50Section 335Section 271A

M/S KETI SANGAM INFRASTRUCTURE (I) LTD.,INDORE vs. THE DCIT (CENTRAL), INDORE

In the result, all the 12 appeals filed at the instance of

ITA 1341/IND/2016[2009-10]Status: DisposedITAT Indore27 Jun 2018AY 2009-10

Bench: Shri Kul Bharat & Shri Manish Borad

Section 132Section 143(3)Section 153ASection 271(1)(c)Section 274

natural justice is offended. On the basis of such proceedings, no penalty could be imposed to the assessee. (s) Taking up of penalty proceedings on one limb and finding the assessee guilty of another limb is bad in law. (t) The penalty proceedings are distinct from the assessment pro ceedings. The proceedings for imposition of penalty though emanate from proceedings

M/S SHREE COAL ENTERPRISES (I) PVT. LTD.,BHOPAL vs. THE ACIT 3(1), BHOPAL

Showing 1–20 of 263 · Page 1 of 14

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32
Section 14827
Disallowance22
Natural Justice21

In the result, all the 12 appeals filed at the instance of

ITA 1337/IND/2016[2006-07]Status: DisposedITAT Indore27 Jun 2018AY 2006-07

Bench: Shri Kul Bharat & Shri Manish Borad

Section 132Section 143(3)Section 153ASection 271(1)(c)Section 274

natural justice is offended. On the basis of such proceedings, no penalty could be imposed to the assessee. (s) Taking up of penalty proceedings on one limb and finding the assessee guilty of another limb is bad in law. (t) The penalty proceedings are distinct from the assessment pro ceedings. The proceedings for imposition of penalty though emanate from proceedings

M/S KETI SANGHAM INFRASTRUTURE (I) LIMITED,INDORE vs. DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL), INDORE

In the result, all the 12 appeals filed at the instance of

ITA 516/IND/2017[2007-08]Status: DisposedITAT Indore22 Jun 2018AY 2007-08

Bench: Shri Kul Bharat & Shri Manish Borad

Section 132Section 143(3)Section 153ASection 271(1)(c)Section 274

natural justice is offended. On the basis of such proceedings, no penalty could be imposed to the assessee. (s) Taking up of penalty proceedings on one limb and finding the assessee guilty of another limb is bad in law. (t) The penalty proceedings are distinct from the assessment pro ceedings. The proceedings for imposition of penalty though emanate from proceedings

DR. BRAJBALA TIWARI,INDORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL -1, INDORE

In the result the legal ground of the assessee in for years

ITA 684/IND/2018[2013-14]Status: DisposedITAT Indore26 Sept 2019AY 2013-14

Bench: Hon'Ble’Ble Shri Kul Bharat & Hon'Ble’Ble Shri Manish Borad

Section 271Section 271(1)Section 271(1)(c)Section 274

U/S 271(1) (c) in view of the fact that [earned A.O. did not consider BS-16 in penalty order. (3) On the facts and in the circumstances of the case, Ld. CIT (A)III committed breach of natural justice

DR. BRAJBALA TIWARI,INDORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL -1, INDORE

In the result the legal ground of the assessee in for years

ITA 683/IND/2018[2011-12]Status: DisposedITAT Indore26 Sept 2019AY 2011-12

Bench: Hon'Ble’Ble Shri Kul Bharat & Hon'Ble’Ble Shri Manish Borad

Section 271Section 271(1)Section 271(1)(c)Section 274

U/S 271(1) (c) in view of the fact that [earned A.O. did not consider BS-16 in penalty order. (3) On the facts and in the circumstances of the case, Ld. CIT (A)III committed breach of natural justice

PREM CHAWLA,BHOPAL vs. ASSISTANT COMMISSIONER OF INCOME TAX-1(1), BHOPAL, BHOPAL

Appeals of the assessee are allowed mutatis mutandis

ITA 678/IND/2024[2005-06]Status: DisposedITAT Indore07 Apr 2025AY 2005-06

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshimember

Section 153ASection 250Section 253Section 271(1)(c)

natural justice is offended if the show cause notice is vague. Even in the matter of search case where penalty is levied under Explanation 5A to Section 271(1)(c), it was held by the Karnataka High Court that the show-cause notice under Section 274 was defective as it does not spelled out the ground on which the penalty

PREM CHAWLA LEGAL HEIR OF LATE SMT. SUDESH CHAWLA,BHOPAL vs. ASSISTANT COMMISSIONER OF INCOME TAX-1(1), BHOPAL, BHOPAL

Appeals of the assessee are allowed mutatis mutandis

ITA 681/IND/2024[2002-03]Status: DisposedITAT Indore07 Apr 2025AY 2002-03

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshimember

Section 153ASection 250Section 253Section 271(1)(c)

natural justice is offended if the show cause notice is vague. Even in the matter of search case where penalty is levied under Explanation 5A to Section 271(1)(c), it was held by the Karnataka High Court that the show-cause notice under Section 274 was defective as it does not spelled out the ground on which the penalty

PREM CHAWLA LEGAL HEIR OF LATE SMT. SUDESH CHAWLA,BHOPAL vs. ASSISTANT COMMISSIONER OF INCOME TAX-1(1), BHOPAL, BHOPAL

Appeals of the assessee are allowed mutatis mutandis

ITA 684/IND/2024[2006-07]Status: DisposedITAT Indore07 Apr 2025AY 2006-07

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshimember

Section 153ASection 250Section 253Section 271(1)(c)

natural justice is offended if the show cause notice is vague. Even in the matter of search case where penalty is levied under Explanation 5A to Section 271(1)(c), it was held by the Karnataka High Court that the show-cause notice under Section 274 was defective as it does not spelled out the ground on which the penalty

PREM CHAWLA LEGAL HEIR OF LATE SMT. SUDESH CHAWLA,BHOPAL vs. ASSISTANT COMMISSIONER OF INCOME TAX-1(1), BHOPAL, BHOPAL

Appeals of the assessee are allowed mutatis mutandis

ITA 682/IND/2024[2003-04]Status: DisposedITAT Indore07 Apr 2025AY 2003-04

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshimember

Section 153ASection 250Section 253Section 271(1)(c)

natural justice is offended if the show cause notice is vague. Even in the matter of search case where penalty is levied under Explanation 5A to Section 271(1)(c), it was held by the Karnataka High Court that the show-cause notice under Section 274 was defective as it does not spelled out the ground on which the penalty

M/S INDUSTRIAL FILTERS & FABRICS PRIVATE LIMITED,INDORE vs. THE ACIT-2(1), INDORE

In the result, the appeals filed by the assessee

ITA 293/IND/2016[2012-13]Status: DisposedITAT Indore23 Aug 2018AY 2012-13

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

Section 133(6)Section 143(3)Section 68

natural justice on the ground of absence ofopportunity, it has to be established that prejudice is caused to the concerned person by the procedure followed. The issuance of notice is an administrative device [or informing the assessee about proposal to levy penalty in order to enable him to explain as to why it should not be done. Mere mistake

M/S INDUSTRIAL FILTERS AND FABRICS PVT. LTD.,INDORE vs. THE ADDL. CIT- RANGE-5, INDORE

In the result, the appeals filed by the assessee

ITA 484/IND/2012[2008-09]Status: DisposedITAT Indore23 Aug 2018AY 2008-09

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

Section 133(6)Section 143(3)Section 68

natural justice on the ground of absence ofopportunity, it has to be established that prejudice is caused to the concerned person by the procedure followed. The issuance of notice is an administrative device [or informing the assessee about proposal to levy penalty in order to enable him to explain as to why it should not be done. Mere mistake

M/S INDUSTRIAL FILTERS AND FABRICS PVT. LTD.,INDORE vs. THE ACIT 5(1), INDORE

In the result, the appeals filed by the assessee

ITA 404/IND/2012[2007-08]Status: DisposedITAT Indore23 Aug 2018AY 2007-08

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

Section 133(6)Section 143(3)Section 68

natural justice on the ground of absence ofopportunity, it has to be established that prejudice is caused to the concerned person by the procedure followed. The issuance of notice is an administrative device [or informing the assessee about proposal to levy penalty in order to enable him to explain as to why it should not be done. Mere mistake

M/S INDUSTRIAL FILTERS & FABRICS PRIVATE LIMITED,INDORE vs. THE ACIT 2(1), INDORE

In the result, the appeals filed by the assessee

ITA 752/IND/2016[2007-08]Status: DisposedITAT Indore23 Aug 2018AY 2007-08

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

Section 133(6)Section 143(3)Section 68

natural justice on the ground of absence ofopportunity, it has to be established that prejudice is caused to the concerned person by the procedure followed. The issuance of notice is an administrative device [or informing the assessee about proposal to levy penalty in order to enable him to explain as to why it should not be done. Mere mistake

M/S INDUSTRIAL FILTERS & FABRICS PRIVATE LIMITED,INDORE vs. THE ACIT 2(1), INDORE

In the result, the appeals filed by the assessee

ITA 754/IND/2016[2009-10]Status: DisposedITAT Indore23 Aug 2018AY 2009-10

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

Section 133(6)Section 143(3)Section 68

natural justice on the ground of absence ofopportunity, it has to be established that prejudice is caused to the concerned person by the procedure followed. The issuance of notice is an administrative device [or informing the assessee about proposal to levy penalty in order to enable him to explain as to why it should not be done. Mere mistake

M/S INDUSTRIAL FILTERS & FABRICS PRIVATE LIMITED,INDORE vs. THE ACIT 2(1), INDORE

In the result, the appeals filed by the assessee

ITA 753/IND/2016[2008-09]Status: DisposedITAT Indore23 Aug 2018AY 2008-09

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

Section 133(6)Section 143(3)Section 68

natural justice on the ground of absence ofopportunity, it has to be established that prejudice is caused to the concerned person by the procedure followed. The issuance of notice is an administrative device [or informing the assessee about proposal to levy penalty in order to enable him to explain as to why it should not be done. Mere mistake

M/S INDUSTRIAL FILTERS & FABRICS PVT.LTD.,INDORE vs. THE JCIT, R-5 (PRESENT AO: DCIT 2(1), INDORE

In the result, the appeals filed by the assessee

ITA 961/IND/2016[2011-12]Status: DisposedITAT Indore23 Aug 2018AY 2011-12

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

Section 133(6)Section 143(3)Section 68

natural justice on the ground of absence ofopportunity, it has to be established that prejudice is caused to the concerned person by the procedure followed. The issuance of notice is an administrative device [or informing the assessee about proposal to levy penalty in order to enable him to explain as to why it should not be done. Mere mistake

SHRI USMAN KHAN,GWALIOR vs. THE DCIT-1(1), BHOPAL

In the result appeals of the assessee are allowed

ITA 523/IND/2016[2008-09]Status: DisposedITAT Indore25 Mar 2019AY 2008-09

Bench: Shri Kul Bharat & Shri Manish Borad

Section 153ASection 271(1)Section 271(1)(c)Section 271ASection 274

271(1)(c ) would not mentioned the specific requirement of law. Assessee should know the grounds on which he has charged specific otherwise opportunities of natural justice denied. On the basis of such proceedings no penalty could be imposed to the assessee. Taking up the penalty proceedings on one limb and finding the assesssee in another limb

SHRI USMAN KHAN,GWALIOR vs. THE DCIT-1(1), BHOPAL

In the result appeals of the assessee are allowed

ITA 522/IND/2016[2006-07]Status: DisposedITAT Indore25 Mar 2019AY 2006-07

Bench: Shri Kul Bharat & Shri Manish Borad

Section 153ASection 271(1)Section 271(1)(c)Section 271ASection 274

271(1)(c ) would not mentioned the specific requirement of law. Assessee should know the grounds on which he has charged specific otherwise opportunities of natural justice denied. On the basis of such proceedings no penalty could be imposed to the assessee. Taking up the penalty proceedings on one limb and finding the assesssee in another limb

SHRI AKHILESH KUMAR GUPTA ,BHOPAL vs. INCOME TAX OFFICER 1 (2), BHOPAL

In the result appeal of the assessee pertaining to Assessment

ITA 496/IND/2017[2007-08]Status: DisposedITAT Indore10 Jan 2019AY 2007-08

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Years 2007-08 Shri Akhilesh Kumar Ito-1(2), Gupta, Bhopal Plot No.162, Shop G, Ashirvad Complex, Zone-!, M.P. Nagar, Bhopal (Appellant) (Respondent ) Pan No.Aenpg0415N Revenue By Shri K.C. Selvamani, Sr.Dr Assessee By Shri S.S. Solanki, Ca Date Of Hearing 07.01.2019 Date Of Pronouncement 10.01.2019 O R D E R

Section 133ASection 143(2)Section 143(3)Section 271Section 271(1)(c)

271(1)(c ) would not mentioned the specific requirement of law. Assessee should know the grounds on which he has charged specific otherwise opportunities of natural justice denied. On the basis of such proceedings no penalty could be imposed to the assessee. Taking up the penalty proceedings on one limb and finding the assesssee in another limb

SHRI VARAD MEHTA,BHOPAL vs. THE DCIT 1(1), BHOPAL

In the result appeal of the assessee is allowed

ITA 693/IND/2016[2008-09]Status: DisposedITAT Indore06 Dec 2018AY 2008-09

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year 2008-09 Shri Varad Mehta, Dcit 1(1), B-4/301, Paras City, Vs. Bhopal Arera Colony, Bhopal (Appellant) (Respondent ) Pan No.Aflpm6733Q Revenue By Shri Rajeeb Jain, Sr.Dr Assessee By Shri Girish Agrawal,Ca Date Of Hearing 27.11.2018 Date Of Pronouncement 06.12.2018 O R D E R

Section 133ASection 143(3)Section 271Section 271(1)(c)

271(1)(c ) would not mentioned the specific requirement of law. Assessee should know the grounds on which he has charged specific otherwise opportunities of natural justice denied. On the basis of such proceedings no penalty could be imposed to the assessee. Taking up the penalty proceedings on one Varad Mehta limb and finding the assesssee in another limb