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22 results for “penalty u/s 271”+ Section 249(2)clear

Sorted by relevance

Mumbai98Delhi69Jaipur50Kolkata49Ranchi35Chennai34Surat33Ahmedabad32Raipur30Bangalore29Hyderabad28Chandigarh24Pune23Indore22Nagpur20Panaji10Lucknow8Cuttack8Patna7Rajkot5Jodhpur5Visakhapatnam4Amritsar4Allahabad2Agra2Cochin1

Key Topics

Section 271(1)(c)20Section 14416Addition to Income15Penalty14Section 14812Section 14711Section 249(3)7Condonation of Delay7Section 253

R.M CHEMICALS P LTD ,INDORE vs. THE DCIT/AIT 4 (1), INDORE

Appeal is allowed

ITA 353/IND/2022[2013-14]Status: DisposedITAT Indore05 Apr 2023AY 2013-14

Bench: Shri Vijay Pal Rao & Shrib.M. Biyaniassessment Year: 2013-14 M/S.R.M. Chemicals Acit , 4(1), Pvt.Ltd., Bhopal बनाम/ 74,Jumerati, Bhopal Vs. (Appellant / Assessee) (Respondent / Revenue) Pan: Aaacr7154D Assessee By Shri Hitesh Chimnani, Ca & Shri Yash Kukreja, Ca Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 05.04.2023 Date Of Pronouncement 03.07.2023

Section 271(1)(c)Section 274Section 80

249/- claimed by assessee (-) Rs. 46,88,290/- computed by AO]; thereby computed total income at Rs. 12,51,97,469/-. 4. Simultaneously, the AO initiated penalty proceeding u/s 271(1)(c)qua the said addition vide show-cause notice dated 04.03.2016.During hearings of penalty-proceedings, the assessee filed replies which are re-produced by AO in penalty-order. Finally

SURESH PATEL,DEWAS vs. CIT(A) ,NFAC, DELHI

Appeal is dismissed

Showing 1–20 of 22 · Page 1 of 2

6
Section 115B6
Section 2505
Natural Justice5
ITA 130/IND/2025[2009-10]Status: DisposedITAT Indore31 Jul 2025AY 2009-10

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

Section 144Section 249(4)(b)Section 253(5)Section 271(1)(c)

section 249(4)(b) and wrongly dismissed as ‘non- admitted’ whereas the factual position of assessee’s case is such that no advance tax or self-assessment tax was payable by assessee. That, the assessee was not aware of the impugned order passed by CIT(A) and it is only on 12.12.2024 when the assessee received a speed-post containing

SURESH PATEL,DEWAS vs. CIT(A),NFAC, DELHI

Appeal is dismissed

ITA 131/IND/2025[2009-10]Status: DisposedITAT Indore31 Jul 2025AY 2009-10

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

Section 144Section 249(4)(b)Section 253(5)Section 271(1)(c)

section 249(4)(b) and wrongly dismissed as ‘non- admitted’ whereas the factual position of assessee’s case is such that no advance tax or self-assessment tax was payable by assessee. That, the assessee was not aware of the impugned order passed by CIT(A) and it is only on 12.12.2024 when the assessee received a speed-post containing

JAYKRISHNAN NAIR,MUMBAI vs. COMMISSIONER OF INCOME TAX APPEALS, DELHI

Appeal of the assessee is allowed for statistical

ITA 732/IND/2024[2010-11]Status: HeardITAT Indore24 Jun 2025AY 2010-11

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshi

Section 144Section 246ASection 249(2)Section 249(3)Section 250Section 253Section 271(1)(c)

Section 253 of the Income Tax Act, 1961 (hereinafter referred to as the “Act” for sake of brevity) before this Tribunal. The assessee is aggrieved by the order bearing Number ITBA/NFAC/S/250/2024-25/ 1065879845(1) dated 20.06.2024 passed by Ld. CIT(A) u/s 250 of the Act which is hereinafter referred to as the “Impugned order”. Page 1 of 13 Jaykrishnan Nair

JAYKRISHNAN NAIR,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX -3(1, BHOPAL

Appeal of the assessee is allowed for statistical

ITA 538/IND/2024[2010-11]Status: HeardITAT Indore24 Jun 2025AY 2010-11

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshi

Section 144Section 246ASection 249(2)Section 249(3)Section 250Section 253Section 271(1)(c)

Section 253 of the Income Tax Act, 1961 (hereinafter referred to as the “Act” for sake of brevity) before this Tribunal. The assessee is aggrieved by the order bearing Number ITBA/NFAC/S/250/2024-25/ 1065879845(1) dated 20.06.2024 passed by Ld. CIT(A) u/s 250 of the Act which is hereinafter referred to as the “Impugned order”. Page 1 of 13 Jaykrishnan Nair

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

penalty-order dated 03.02.2022 passed by AO u/s 271(1)(c) of the Act. 2. The grounds raised in these appeals are as under: I.T.A. No. 04/Ind/2024 (Quantum appeal): 1. The Ld. CIT(A), Faceless Delhi had not considered reasonable and sufficient cause to condone delay u/s 249(3) of the Act, 1961, hence appeal-order is prejudice, unjustified

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

penalty-order dated 03.02.2022 passed by AO u/s 271(1)(c) of the Act. 2. The grounds raised in these appeals are as under: I.T.A. No. 04/Ind/2024 (Quantum appeal): 1. The Ld. CIT(A), Faceless Delhi had not considered reasonable and sufficient cause to condone delay u/s 249(3) of the Act, 1961, hence appeal-order is prejudice, unjustified

RANVEER SINGH SURYAWANSHI,DHAR vs. ITO DHAR, DHAR

In the result “Impugned order” is set aside as and by way

ITA 641/IND/2025[2016-17]Status: DisposedITAT Indore19 Feb 2026AY 2016-17

Bench: Shri B.M. Biyani & Shri Paresh M Joshiranveer Singh Suryawanshi, Ito, Dhar बनाम/ Datwada Datwade, Vs. Indore, Mp (Pan:Awlps7673N) (Appellant) (Respondent) Assessee By Shri Ajay Tulsiyan,Ca & Ruchira Singhal, Ca Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 10.02.2026 Date Of Pronouncement 19.02.2026 आदेश/ O R D E R

Section 246Section 249Section 249(2)Section 249(3)Section 250Section 253Section 271(1)Section 271(1)(c)

271(1) (c) of the Act, a penalty of Rs. 29,32,874/- was imposed on the assessee. The aforesaid penalty order bears no: - ITBA/PNL/F/271(1) (C)/2024-25/1067563270(1) and that the same is dated 09.08.2024, which is herein after referred to as the “impugned penalty order” 2.2 That the assessee being aggrieved by the aforesaid “impugned penalty order” prefers

THE DCIT, (EXEMPTION) CIRCLE, BHOPAL vs. M/S. MAYANK WELFARE SOCIETY, BHOPAL

In the result, Revenue’s appeal for the AY 2013-14

ITA 232/IND/2017[2013-14]Status: DisposedITAT Indore29 Oct 2021AY 2013-14

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

Section 115BSection 143(3)

penalty proceedings uls 271(1)(c) of the I..T. Act are initiated separately. 11. Per contra ld. Counsel for the assessee vehemently argued referring to the following written submissions:- Mayank Welfare society ITANos.232 & 776/Ind/2018/17 The facts of the case are that the appellant is a society which was established on 04.12.1996 basically for development of downtrodden/poor people of society

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION) CIRCLE BHOPAL, BHOPAL vs. MAYANK WELFARE SOCIETY, INDORE

In the result, Revenue’s appeal for the AY 2013-14

ITA 776/IND/2018[2015-16]Status: DisposedITAT Indore29 Oct 2021AY 2015-16

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

Section 115BSection 143(3)

penalty proceedings uls 271(1)(c) of the I..T. Act are initiated separately. 11. Per contra ld. Counsel for the assessee vehemently argued referring to the following written submissions:- Mayank Welfare society ITANos.232 & 776/Ind/2018/17 The facts of the case are that the appellant is a society which was established on 04.12.1996 basically for development of downtrodden/poor people of society

SANDEEP KUMAR YADAV,BETUL vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHO

The appeal of the appellant is dismissed for statistical purpose

ITA 501/IND/2024[2013-14]Status: DisposedITAT Indore29 Apr 2025AY 2013-14

Bench: Smt. Annapurna Gupta & Shri Paresh M Joshisandeep Kumar Yadav, Nfac, बना Palsyapalsya, Delhi म/ Palsya, Vs. The. Bhainsdehi, Betul (Pan: Afnpy3295D) (Appellant) (Revenue) Assessee By None Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 21.04.2025 Date Of Pronouncement 29.04.2025 आदेश/ O R D E R

Section 131Section 133(6)Section 139(4)Section 142(1)Section 143(3)Section 147Section 148Section 250Section 253Section 271(1)(b)

271(1)(b) and/or exparte decision on the basis of available material only. It also brightens the chance against levy of concealment penalty. Exparte assessment order has its own limitations as to its scope and extent. Hence the assessee should not be allowed to be enriched or benefited unjustly for act of his own wrong doings, i.e. non- compliance

SHEETAL NATH COLONIZERS,BHOPAL vs. ITO,1(2), BHOPAL, AAYKAR BHAWAN, BHOPAL

In the result the impugned order is set aside as & by way of

ITA 1094/IND/2025[2013-14]Status: DisposedITAT Indore19 Feb 2026AY 2013-14

Bench: Shri B.M. Biyani & Shri Paresh M Joshisheetal Nath Colonizers, Ito 1(2) बनाम/ Plot No.48, M/S Sheetal Nath Bhopal Vs. Colonizers, Near Arya Bhawan, M. P. Nagar Zone Ii Bhopal (Pan: Abzfs4967L (Appellant) (Respondent) Assessee By Shri Ashish Goyal & Shri N. D. Patwa, Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 29.01.2026 Date Of Pronouncement 19.02.2026 आदेश/ O R D E R

Section 115BSection 142(1)Section 143(2)Section 147Section 148Section 246ASection 250Section 253Section 271(1)(c)Section 60

2,148,000/- on account of unexplained investment u/s 69 read with section 115BBE of the Act was proposed. Penalty proceeding u/s 271(1)(c) of the Act was also proposed in SCN. In response thereto AR of the assessee furnished reply on 28.02.2002 at final stage of assessment proceedings which examined and found not convincing. The relevant portion

DCIT (CENTRAL), BHOPAL vs. SHAILENDRA SHARMA, BHOPAL

In the result the appeals of the assessee for the Assessment

ITA 305/IND/2023[2015-16]Status: DisposedITAT Indore24 Jun 2024AY 2015-16

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

Section 142(1)Section 153A

271(1) (c) of the IT are initiated separately for A.Ys 2015-16.” 24. It is pertinent to note that in the statement recorded u/s 134 of the Act and to answer the Question No.22, the assessee has stated that the details in this diary are related to election management activities as well as election management expenditure. The statement

M/S SHIVALIKA REALITIES P LTD,INDORE vs. ITO 5(1) , INDORE

In the result of appeals of the assessee for AY 2008-09 and AY 2009-10 vide ITA no

ITA 94/IND/2018[2009-10]Status: DisposedITAT Indore04 Oct 2021AY 2009-10

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year: 2008-09 & Assessment Year: 2009-10

249 (ASR-ITAT) [Paper Book at Page71], the ITAT, Amritsar Bench held as under : “On a perusal of section 153C, it would be clear that the provisions of this section are applicable which supersedes the applicability of provisions of sections 147 and 148. In the instant case, the documents were seized during the search under section 132 and the same

M/S SHIVALIKA REALITIES P LTD,INDORE vs. ITO 5(1) , INDORE

In the result of appeals of the assessee for AY 2008-09 and AY 2009-10 vide ITA no

ITA 95/IND/2018[2008-09]Status: DisposedITAT Indore04 Oct 2021AY 2008-09

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year: 2008-09 & Assessment Year: 2009-10

249 (ASR-ITAT) [Paper Book at Page71], the ITAT, Amritsar Bench held as under : “On a perusal of section 153C, it would be clear that the provisions of this section are applicable which supersedes the applicability of provisions of sections 147 and 148. In the instant case, the documents were seized during the search under section 132 and the same

INDIRA BAI JINDAL,KHARGONE vs. INCOME TAX OFFICER, NFAC

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 134/IND/2025[2013-14]Status: DisposedITAT Indore17 Dec 2025AY 2013-14

Bench: Shri Siddhartha Nautiyal & Shri Bhagirath Mal Biyani

For Appellant: None (Written request)For Respondent: Shri Ashish Porwal, Sr. DR
Section 142(1)Section 144BSection 147Section 148Section 271(1)(c)Section 271F

u/s 147 of the act which is bad in law. Indira Bai Jindal vs. ITO A.Y. 2013-14 3. The Assessee was passed away during the assessment proceedings and response was made by legal representative even then the Assessment proceedings was continued in the name of deceased assessee and Order was also made in the name of deceased person which

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

2 SCC 387\nhaving settled the law long back that all such “technical aspects” must make\na way for the cause of “substantial justice”.\n3. Ld. AR for assessee next pointed out that there was also a delay of 508\ndays in filing first-appeal before CIT(A) and although the assessee submitted\nbefore CIT(A) that she was misguided

MUSTAFA ALI THROUGH GENERAL POWER OF ATTORNEY HOLDER, AUN ALI OTIAWALA,NEEMUCH vs. ITO, NEEMUCH

Appeals are allowed for statistical purposes

ITA 537/IND/2023[2012-13]Status: HeardITAT Indore03 Apr 2024AY 2012-13

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

Section 144Section 271(1)(c)

penalty- order dated 22.05.2019 passed by AO u/s 271(1)(c) of the Act. As the underlying facts and issues are identical/inter-related, these appeals are being disposed of by this common order for the sake of convenience, brevity and clarity. 2. These are the second-appeals filed by assessee before this tribunal against the impugned orders of first-appeals passed

MUSTAFA ALI THROUGH GENERAL POWER OF ATTORNEY HOLDER, AUN ALI OTIAWALA,NEEMUCH vs. ITO, NEEMUCH

Appeals are allowed for statistical purposes

ITA 536/IND/2023[2011-12]Status: HeardITAT Indore03 Apr 2024AY 2011-12

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

Section 144Section 271(1)(c)

penalty- order dated 22.05.2019 passed by AO u/s 271(1)(c) of the Act. As the underlying facts and issues are identical/inter-related, these appeals are being disposed of by this common order for the sake of convenience, brevity and clarity. 2. These are the second-appeals filed by assessee before this tribunal against the impugned orders of first-appeals passed

MUSTAFA ALI THROUGH GENERAL POWER OF ATTORNEY HOLDER, AUN ALI OTIAWALA,NEEMUCH vs. ITO, NEEMUCH

Appeals are allowed for statistical purposes

ITA 538/IND/2023[2012-13]Status: HeardITAT Indore03 Apr 2024AY 2012-13

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

Section 144Section 271(1)(c)

penalty- order dated 22.05.2019 passed by AO u/s 271(1)(c) of the Act. As the underlying facts and issues are identical/inter-related, these appeals are being disposed of by this common order for the sake of convenience, brevity and clarity. 2. These are the second-appeals filed by assessee before this tribunal against the impugned orders of first-appeals passed