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17 results for “penalty u/s 271”+ Rectification u/s 154clear

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Key Topics

Section 15424Addition to Income12Condonation of Delay10Rectification u/s 15410Section 143(3)9Section 271(1)(c)9Cash Deposit9Section 80P6Section 147

RAM BABU SINGH,BIHAR vs. THE ITO-2(1), BHOPAL, BHOPAL

The appeal of the assessee is allowed

ITA 17/IND/2024[2017-18]Status: HeardITAT Indore09 May 2024AY 2017-18

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2017-18 Shri Ram Babu Singh, Income-Tax Officer, Near Gayatri Mandir, 2(1), बनाम/ Saharsa, Bhopal Vs. Bihar (Assessee/Appellant) (Revenue/Respondent) Pan: Cufps2957D Assessee By Shri S.N.Agrawal, Ca & Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 07.05.2024 Date Of Pronouncement 09.05.2024

Section 115BSection 143(2)Section 154Section 270ASection 271ASection 69A

rectification u/s 154 is not possible to invoke tax rate u/s 115BBE, when the AO has not invoked section 68 to 69D in assessment-order. We re-produce below the relevant paras of first two decisions quoted by Ld. AR: ITAT, Jaipur in ACIT Vs. Sudesh Kumar Gupta (2020) 117 taxmann.com 178: “11. In the instant case

6
Penalty6
Section 115B5
Section 685

AATMARAM BARASKAR,BHOPAL vs. AO WARD 5(3), BHOPAL

In the result, appeal of the assessee is allowed

ITA 313/IND/2023[2010-11]Status: DisposedITAT Indore04 Jan 2024AY 2010-11

Bench: Shri Vijay Pal Rao & Shri Manish Boradaatmaram Baraskar Ito- Ward 5(3) 15, Vrandavan Nagar, Bhopal Ayodhya Bypass, Vs. Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Agnpb 7088C Assessee By Shri Manoj Fadnis Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 02.01.2024 Date Of Pronouncement 04.01.2024

Section 154Section 271(1)(c)Section 68

penalty order passed u/s 271(1)(c) of the Act for A.Y.2010-11. 2. There is a delay of four days in filing the present appeal. The assesse has filed an affidavit to explain cause of delay. Ld. AR of the assesse has submitted that after receiving the impugned order on ITANo.313/Ind/2023 Aatmaram Baraskar 15th June 2023 the assesse filed

BALKISHAN KOSHAL ,INDORE vs. INCOME TAX OFFICER, NEW DELHI

Appeals are allowed for statistical

ITA 69/IND/2024[2013-2014]Status: DisposedITAT Indore12 Jul 2024AY 2013-2014

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniay: 2013-14 Shri Balkishan Koshal, Income-Tax Officer, बनाम/ 31, Bhagirathpura, Nfac, Vs. Indore. Delhi (Pan: Bkipk5435L) (Assessee/Appellant) (Revenue/Respondent) Ay: 2013-14 Shri Balkishan Koshal, Income-Tax Officer, बनाम/ 31, Bhagirathpura, Nfac, Vs. Indore. Delhi (Pan: Bkipk5435L) (Assessee/Appellant) (Revenue/Respondent)

Section 147Section 148Section 156Section 249(3)Section 271(1)(c)Section 274Section 68Section 69

271(1)(c) and ultimately passed penalty-order dated 03.02.2022 imposing a penalty of Rs. 4,20,000/- qua the addition of Rs. 14,00,000/-. Aggrieved by both orders, namely assessment-order and penalty-order, the assessee filed two separate appeals to CIT(A) but the CIT(A) noted that the appeals filed by assessee were belated

BALKISHAN KOUSHAL ,INDORE vs. INCOME TAX OFFICER, DELHI

Appeals are allowed for statistical

ITA 72/IND/2024[2013-2014]Status: DisposedITAT Indore12 Jul 2024AY 2013-2014

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniay: 2013-14 Shri Balkishan Koshal, Income-Tax Officer, बनाम/ 31, Bhagirathpura, Nfac, Vs. Indore. Delhi (Pan: Bkipk5435L) (Assessee/Appellant) (Revenue/Respondent) Ay: 2013-14 Shri Balkishan Koshal, Income-Tax Officer, बनाम/ 31, Bhagirathpura, Nfac, Vs. Indore. Delhi (Pan: Bkipk5435L) (Assessee/Appellant) (Revenue/Respondent)

Section 147Section 148Section 156Section 249(3)Section 271(1)(c)Section 274Section 68Section 69

271(1)(c) and ultimately passed penalty-order dated 03.02.2022 imposing a penalty of Rs. 4,20,000/- qua the addition of Rs. 14,00,000/-. Aggrieved by both orders, namely assessment-order and penalty-order, the assessee filed two separate appeals to CIT(A) but the CIT(A) noted that the appeals filed by assessee were belated

ASSISTANT COMMISSIONER OF INCOME TAX, BHOPAL vs. MADHYA PRADESH RAJYA SAHAKARI ANUSUCHIT JATI VITT EVAM VIKAS NIGAM, BHOPAL

Appeal is allowed for statistical purpose

ITA 353/IND/2024[2013-14]Status: DisposedITAT Indore08 May 2025AY 2013-14
Section 263Section 271(1)(c)Section 274Section 80P

154 (Page 89 of Paper-Book)\nbut the same is not disposed by AO.\nMadhya Pradesh Rajya Sahakari Anusuchit Jati Vitt Evam Vikas Nigam\nITA No. 353/Ind/2024 – AY 2013-14\n7. Replying to same, Ld. DR submitted that the rectification-application\nwas filed by assessee on 28.05.2019 after passing of penalty-order dated\n30.04.2019. Further, he insisted that

BHAGWAT PRASAD MALVIYA,BHOPAL vs. ITO-3(1), BHOPAL, BHOPAL

The appeal of the assessee is allowed for statistical

ITA 456/IND/2025[2014-15]Status: HeardITAT Indore04 Dec 2025AY 2014-15

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshiassessment Year: 2014-15 Bhagwat Prasad Malviya Ito -3(1) 28, Crp Phatak Road Bhopal बनाम/ Bairagarh, Vs. Bhopal (Assessee/Appellant) (Revenue/Respondent) Pan: Afbpm8998M Assessee By Shri N.D. Patwa, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 02.12.2025 Date Of Pronouncement 04.12.2025

Section 143(3)Section 154Section 246ASection 250Section 253Section 548Section 54B

rectification of Page 3 of 12 Bhagwat Prasad Malviya A.Y. 2014-15 mistakes apparent from record. In the present case, the following apparent errors were observed by the AO: The assessee claimed exemption of Rs. 1,69,64,508 u/s 54B. However, of this, an amount of Rs. 7,79,754 was for agricultural land purchased before the date

MAHAVIR KUMAR JAIN,UJJAIN vs. I.T.O. 1(1), UJJAIN

In the result, All appeals of the assessee are partly allowed

ITA 419/IND/2023[2009-10]Status: DisposedITAT Indore31 May 2024AY 2009-10

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 154

rectification application u/s 154 before the AO but no avail. Thus, it is clear that by filing these appeals belatedly there was no malafide intention to take any undue advantage by assessee. The assessee has acted on the advice of the tax consultant for not filing the appeal within the period of limitation and therefore, in the facts

MAHAVIR KUMAR JAIN,UJJAIN vs. ITO 1(1), UJJAIN

In the result, All appeals of the assessee are partly allowed

ITA 421/IND/2023[2012-13]Status: DisposedITAT Indore31 May 2024AY 2012-13

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 154

rectification application u/s 154 before the AO but no avail. Thus, it is clear that by filing these appeals belatedly there was no malafide intention to take any undue advantage by assessee. The assessee has acted on the advice of the tax consultant for not filing the appeal within the period of limitation and therefore, in the facts

MAHAVIR KUMAR JAIN,UJJAIN vs. ITO 1(1), UJJAIN

In the result, All appeals of the assessee are partly allowed

ITA 422/IND/2023[2013-14]Status: DisposedITAT Indore31 May 2024AY 2013-14

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 154

rectification application u/s 154 before the AO but no avail. Thus, it is clear that by filing these appeals belatedly there was no malafide intention to take any undue advantage by assessee. The assessee has acted on the advice of the tax consultant for not filing the appeal within the period of limitation and therefore, in the facts

MAHAVIR KUMAR JAIN,UJJAIN vs. I.T.O. 1(1), UJJAIN

In the result, All appeals of the assessee are partly allowed

ITA 423/IND/2023[2014-15]Status: DisposedITAT Indore31 May 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 154

rectification application u/s 154 before the AO but no avail. Thus, it is clear that by filing these appeals belatedly there was no malafide intention to take any undue advantage by assessee. The assessee has acted on the advice of the tax consultant for not filing the appeal within the period of limitation and therefore, in the facts

MAHAVIR KUMAR JAIN,UJJAIN vs. I.T.O. 1(1), UJJAIN

In the result, All appeals of the assessee are partly allowed

ITA 424/IND/2023[2015-16]Status: DisposedITAT Indore31 May 2024AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 154

rectification application u/s 154 before the AO but no avail. Thus, it is clear that by filing these appeals belatedly there was no malafide intention to take any undue advantage by assessee. The assessee has acted on the advice of the tax consultant for not filing the appeal within the period of limitation and therefore, in the facts

MAHAVIR KUMAR JAIN,UJJAIN vs. I.T.O. 1(1), UJJAIN

In the result, All appeals of the assessee are partly allowed

ITA 420/IND/2023[2010-11]Status: DisposedITAT Indore31 May 2024AY 2010-11

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 154

rectification application u/s 154 before the AO but no avail. Thus, it is clear that by filing these appeals belatedly there was no malafide intention to take any undue advantage by assessee. The assessee has acted on the advice of the tax consultant for not filing the appeal within the period of limitation and therefore, in the facts

RAMESH NANJUNDIAH DEVARYASAMUDRAM,JAIPUR vs. INCOME TAX OFFICER 2(1), BHOPAL, BHOPAL

The appeal is hereby DISMISSED AS WITHDRAWN

ITA 256/IND/2025[2010-11]Status: DisposedITAT Indore26 Sept 2025AY 2010-11

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year:2010-11 Ramesh Nanjundiah Ito 2(1) Devaryasamudram, Bhopal 101, Ground Floor, बनाम/ Plot No.7, Pooja Vihar, Vs. Sirsi Road Bishnawal, Jhotwara, S.O. Jaipur (Assessee/Appellant) (Revenue/Respondent) Pan: Adupd0388H Assessee By Shri Manoj Fadnis, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 22.09.2025 Date Of Pronouncement 26.09.2025

Section 143(3)Section 154Section 250Section 271(1)(c)

u/s 271(1)(c) of the Act. The Commissioner of Income Tax, Appeal-ADDL/JCIT(A)-2, Nagpur, had mistakenly considered the application under the Vivad se Vishwas Scheme, 2020 in respect of the penalty-order while disposing off the appeal in respect of the assessment-order. Aggrieved by the order dated 18-03-2024, a rectification request

BABITA CHELAWAT,INDORE vs. DCIT/ACIT 1(1), INDORE, INDORE

The appeal of the assessee is allowed & the impugned order is set aside

ITA 611/IND/2025[2012-13]Status: DisposedITAT Indore27 Mar 2026AY 2012-13

Bench: Shri B.M. Biyani & Shri Paresh M Joshi

Section 142(1)Section 143(2)Section 143(3)Section 246ASection 250Section 253

u/s 143(3) rws 147. The order was uploaded on the new income tax portal and no communication was made to the assessee about the same. I have gone through the ground and submission made by the appellant on this issue. The appellant claims that the AO failed to serve the rectification order under Section 154. However, the rectification

CUMMINS TECHNOLOGIES INDIA (P) LTD.,DEWAS vs. ACIT CIRCLE 1(1), UJJAIN

In the result, the appeal of the assesse is allowed

ITA 982/IND/2019[2015-16]Status: DisposedITAT Indore30 Nov 2023AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanicommins Technologies India Acit, Circle -1(1) Private Limited Ujjain Vs. Industrial Area No.2, A.B. Road, M.P. (Appellant / Assessee) (Revenue) Pan: Aabct2018B Assessee By Shri Ketan Ved & Pinkesh Vakharia Ars Revenue By Ms. Simran Bhullar, Cit-Dr Date Of Hearing 29.11.2023 Date Of Pronouncement 30.11.2023

Section 143(3)Section 144CSection 144C(5)

penalty proceedings under section 271(1)(c) without considering the fact that transfer pricing adjustment has been made on account of difference of opinion, interpretation of provisions of law, etc. and not due to any concealment of or furnishing of inaccurate particulars of income by the Appellant.” 2. The assessee has also filed additional grounds of appeal vide application dated

SURESH KUMAR KEJRIWAL,LA GARDINA APP. SHREE NAGAR, INDORE vs. INCOME TAX OFFICER, AAYKAR BHAWAN, WHITE CHURCH ROAD, INDORE

Appeal is allowed for statistical purpose

ITA 266/IND/2025[2012-13]Status: DisposedITAT Indore27 Nov 2025AY 2012-13
Section 144

u/s 144 r.w.s.147 of the Income-tax Act, 1961 [“the Act”]\nfor Assessment-Years [“AY\"] 2012-13 and 2013-14 respectively, the assessee\nSuresh Kumar Kejriwal\nITA No. 266 & 267/Ind/2025 - AY 2012-13 & 2013-14\nhas filed the captioned twin appeals on the grounds mentioned in respective\nAppeal Memos (Form No. 36).\n2.\nLd. AR for assessee drew

KALPANA NARWARE,BETUL vs. INCOME TAX OFFICER, BETUL

Appeal is allowed for statistical purpose

ITA 202/IND/2025[2017-18]Status: DisposedITAT Indore16 Jan 2026AY 2017-18
Section 144Section 253

Rectification Application under\n42999/2025 Section 154 of the Income-tax Act, 1961, before the Income Tax Officer and\nMENT OF\nwould also discuss the matter with the said officer. However, in the month\nof November, the Chartered Accountant informed the Appellant that an\nappeal against the impugned order needed to be filed before the\nCommissioner of Income Tax (Appeals), Bhopal