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42 results for “penalty u/s 271”+ Addition to Incomeclear

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Key Topics

Section 271(1)(c)49Addition to Income37Penalty35Section 143(3)31Section 27124Section 25023Section 14720Section 271C20Section 271(1)(b)17

SHRI PANKAJ KUMAR RAI,KATNI vs. INCOME TAX OFFICER, WARD -2 , KATNI

In the result, the appeal of the assesse is allowed

ITA 96/JAB/2022[2011-12]Status: DisposedITAT Jabalpur30 Nov 2023AY 2011-12

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. K P Dewani, AdvFor Respondent: Sh. Ravi Mehrotra, JCIT-DR
Section 271Section 271(1)(c)Section 274

271(1)(c) of I.T. Act 1961 is bad in law and consequent penalty levied thereupon is liable to be cancelled. 2 Pankaj Kumar Rai The Assessing Officer made addition which lead to levy of 3. tax of Rs. 23,877/- on the income concealed during the Financial Year2010-11. Consequent to the addition, penalty of Rs. 25,000/- u/s

J.P TOBACO PRODUCTS PVT. LTD.,DAMOH vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE , SAGAR

Showing 1–20 of 42 · Page 1 of 3

Section 27416
Cash Deposit8
Deduction8

In the result, both appeals filed by the assessee are allowed

ITA 184/JAB/2018[2007-08]Status: DisposedITAT Jabalpur22 Sept 2023AY 2007-08

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadale

Section 115Section 271Section 271(1)(d)

addition of Rs.5,55,360/-. In view of the above the AO has rightly calculated the minimum penalty u/s 271(1)(d) at Rs.1,86,934/- and levied the same. I therefore, confirm the penalty imposed by the AO atRs.1,86,934/-.” 4. Before us, Ld. Counsel for the assessee submitted that the AO in the penalty order

J.P TOBACO PRODUCTS PVT. LTD.,DAMOH vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE , SAGAR

In the result, both appeals filed by the assessee are allowed

ITA 183/JAB/2018[2006-07]Status: DisposedITAT Jabalpur22 Sept 2023AY 2006-07

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadale

Section 115Section 271Section 271(1)(d)

addition of Rs.5,55,360/-. In view of the above the AO has rightly calculated the minimum penalty u/s 271(1)(d) at Rs.1,86,934/- and levied the same. I therefore, confirm the penalty imposed by the AO atRs.1,86,934/-.” 4. Before us, Ld. Counsel for the assessee submitted that the AO in the penalty order

MANESSH SHARMA,JABALPUR vs. JOINT COMMISSIONER OF INCOME OFFICER (TDS), BHOPAL

In the result, all appeals filed by the assessee are allowed

ITA 102/JAB/2023[2013-14]Status: DisposedITAT Jabalpur22 Sept 2023AY 2013-14

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadale

Section 201(1)Section 250Section 271Section 271C

additions for non deduction of TDS have already been deleted by the CIT(A) followed by dismissal of revenue appeal by Hon'ble ITAT which clearly proves that the assessee. had not defaulted in any of TDS deduction. Accordingly Penalty u/s 271 C was, not correctly levied and may kindly be quashed/deleted. 4. The appellant prays that the order

MANESSH SHARMA ,JABALPUR vs. JOINT COMMISSIONER OF INCOME OFFICER (TDS), BHOPAL

In the result, all appeals filed by the assessee are allowed

ITA 103/JAB/2023[2014-15]Status: DisposedITAT Jabalpur22 Sept 2023AY 2014-15

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadale

Section 201(1)Section 250Section 271Section 271C

additions for non deduction of TDS have already been deleted by the CIT(A) followed by dismissal of revenue appeal by Hon'ble ITAT which clearly proves that the assessee. had not defaulted in any of TDS deduction. Accordingly Penalty u/s 271 C was, not correctly levied and may kindly be quashed/deleted. 4. The appellant prays that the order

MANESSH SHARMA,JABALPUR vs. JOINT COMMISSIONR OF INCOME TAX OFFICER (TDS), BHOPAL, BHOPAL

In the result, all appeals filed by the assessee are allowed

ITA 100/JAB/2023[2011-12]Status: DisposedITAT Jabalpur22 Sept 2023AY 2011-12

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadale

Section 201(1)Section 250Section 271Section 271C

additions for non deduction of TDS have already been deleted by the CIT(A) followed by dismissal of revenue appeal by Hon'ble ITAT which clearly proves that the assessee. had not defaulted in any of TDS deduction. Accordingly Penalty u/s 271 C was, not correctly levied and may kindly be quashed/deleted. 4. The appellant prays that the order

MANESSH SHARMA,JABALPUR vs. JOINT COMMISSIONER OF INCOME TAX OFFICER (TDS) BHOPAL, BHOPAL

In the result, all appeals filed by the assessee are allowed

ITA 99/JAB/2023[2010-11]Status: DisposedITAT Jabalpur22 Sept 2023AY 2010-11

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadale

Section 201(1)Section 250Section 271Section 271C

additions for non deduction of TDS have already been deleted by the CIT(A) followed by dismissal of revenue appeal by Hon'ble ITAT which clearly proves that the assessee. had not defaulted in any of TDS deduction. Accordingly Penalty u/s 271 C was, not correctly levied and may kindly be quashed/deleted. 4. The appellant prays that the order

MANESSH SHARMA,JABALPUR vs. JOINT COMMISSIONER OF INCOME TAX OFFICER (TDS) BHOPAL, BHOPAL

In the result, all appeals filed by the assessee are allowed

ITA 101/JAB/2023[2012-13]Status: DisposedITAT Jabalpur22 Sept 2023AY 2012-13

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadale

Section 201(1)Section 250Section 271Section 271C

additions for non deduction of TDS have already been deleted by the CIT(A) followed by dismissal of revenue appeal by Hon'ble ITAT which clearly proves that the assessee. had not defaulted in any of TDS deduction. Accordingly Penalty u/s 271 C was, not correctly levied and may kindly be quashed/deleted. 4. The appellant prays that the order

ASSISTANT COMMISSIONER OF INCOME TAX,CIRCLE-CHHINDWARA, CHHINDWARA vs. SHRI SHEVENDRA SINGH PARIHAR, BALAGHAT

In the result, the appeal of the Revenue is dismissed

ITA 91/JAB/2019[2011-12]Status: HeardITAT Jabalpur01 Dec 2023AY 2011-12

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar U.S.

Section 142(1)Section 143(2)Section 143(3)Section 147Section 148

income and therefore penalty proceedings u/s 271(c) of I.T. Act is initiated separately.” I.T.A. No.91/Jab/2019 C.O.No.01/Jab/2020 5 Assessment Year:2011-12 5. The learned CIT(A), while restricting the addition

PRADEEP SHARMA,SAGAR vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1, KATNI

The appeal of the assessee is partly allowed

ITA 4/JAB/2024[2017-18]Status: DisposedITAT Jabalpur13 Feb 2026AY 2017-18

Bench: Shri Anadee Nath Misshra

Section 115BSection 133ASection 143(3)Section 154Section 234ASection 250Section 68

additional income totalling to Rs.40,40,535/- was surrendered by the appellant. Return of income for the relevant year was filed by the Appellant on 17/10/2017 declaring total income of Rs.47,33,190/- which included the income surrendered during survey. The assessment for the relevant year was made u/s 143(3) vide order dated 17/12/2019 accepting the income shown

SHRI DIGPAL JAISWAL,KATNI vs. INCOME TAX OFFICER, WARD -1 , KATNI

In the result appeal of the assessee is allowed

ITA 42/JAB/2021[2011-12]Status: DisposedITAT Jabalpur30 Nov 2023AY 2011-12

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. K P Dewani, AdvFor Respondent: Sh. Shravan Kumar Gotru, CIT-DR
Section 1Section 142(1)Section 143Section 143(3)Section 148Section 263Section 271(1)(b)Section 40

addition of Rs. 1,00,000/ - out of various expenses claimed in profit and loss account. 8. Notice u/s 148 of I.T. Act 1961 was issued on 07/01/2016. The reasons recorded indicate that - Notice u/s 148 was issued for escapement of income for no disallowance made u/s 40(a)(ia) of I.T. Act 1961 for interest paid without deduction

SHRI DIGPAL JAISWAL,KATNI vs. PRINCIPAL COMMISSIONER OF INCOME TAX-2, JABALPUR

In the result appeal of the assessee is allowed

ITA 83/JAB/2019[2011-12]Status: DisposedITAT Jabalpur30 Nov 2023AY 2011-12

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. K P Dewani, AdvFor Respondent: Sh. Shravan Kumar Gotru, CIT-DR
Section 1Section 142(1)Section 143Section 143(3)Section 148Section 263Section 271(1)(b)Section 40

addition of Rs. 1,00,000/ - out of various expenses claimed in profit and loss account. 8. Notice u/s 148 of I.T. Act 1961 was issued on 07/01/2016. The reasons recorded indicate that - Notice u/s 148 was issued for escapement of income for no disallowance made u/s 40(a)(ia) of I.T. Act 1961 for interest paid without deduction

CHHAYA MASURKAR,BALAGHAT vs. NFAC, ITO BALAGHAT, BALAGHAT

In the result, the appeal of the assessee is dismissed

ITA 61/JAB/2024[2013-14]Status: DisposedITAT Jabalpur26 Aug 2025AY 2013-14

Bench: Shri Anadee Nath Misshrachhaya Masurkar V. National Faceless Appeal 1, Ward No. 9, Ram Mandir Center (Nfac) Road, Katangi, Balaghat (Mp)- Delhi (Jurisdiction Officer, 481445. Income Tax Officer, Balaghat (Mp)-110001. Pan:Cakpm8662A (Appellant) (Respondent) Appellant By: Shri Vijay Bagrecha, Ca Respondent By: Shri Alok Bhura, Sr. Cit(Dr) O R D E R (A) The Present Appeal Has Been Filed By The Assessee Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre (Nfac)- Delhi, Dated 23.02.2024 For The Assessment Year 2013-14. The Grounds Of Appeal Of The Assessee Are As Under: -

For Appellant: Shri Vijay Bagrecha, CAFor Respondent: Shri Alok Bhura, Sr. CIT(DR)
Section 143(3)Section 250Section 271(1)(c)Section 50CSection 69A

penalty is livable u/s 271(1)(c) .” (B) In this case, assessment order dated 20.12.2019 was passed by the Assessing Officer under section 143(3) of Income Tax Act, 1961 (“Act”, for short) whereby the assessee’s total income was determined at Rs.1,12,22,600/- as against the returned income of Nil. In the aforesaid assessment order an addition

J.P TOBACCO PRODUCT PVT. LTD.,DAMOH vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE, SAGAR

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

ITA 155/JAB/2018[2006-07]Status: DisposedITAT Jabalpur22 Sept 2023AY 2006-07

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadalem/S. J.P.Tobacco Products Vs Acit, Pvt. Ltd., Patharia Phatak, Circle-Sagar. Damoh (M.P.). (Appellant) (Respondent) Pan No. Aaacj7141G Assessee By Shri G.N.Purohit, Sr.Adv. & Shri Abhijeet Shrivastava, Adv. Revenue By Shri Rajesh Kumar Gupta, Sr.Dr Date Of Hearing 15/09/2023 Date Of Pronouncement 22/09/2023

Section 143(3)Section 271(1)(c)Section 37

u/s 271(1)(c) of the Act dated 28.06.2010 amounting to Rs.2,72,850/- for furnishing inaccurate particulars of income. On further appeal, Ld.CIT(A) upheld the penalty observing as under:- 7.1.3.DECISION:-“I have carefully considered the submission put forth including the case laws relied upon & the documents 3 | P a g e J.P.Tobacco Product Pvt.Ltd. vs ACIT furnished

SALEEM AHMED KHAN, BOON ELECTRONIC, CORPORATION MARKET NAUDARA BRIDGE,JABALPUR,JABALPUR vs. INCOME TAX OFFICER , WARD 2(1) , JABALPUR, JABALPUR

In the result, the appeal in ITA No 88/Jab/2022 is not maintainable, ITA

ITA 88/JAB/2022[2014-15]Status: DisposedITAT Jabalpur14 Sept 2023AY 2014-15
For Appellant: Shri H.S Modh, Advocate,ARFor Respondent: Shri.Rajesh Kumar Gupta, CIT-DR
Section 143(2)Section 143(3)Section 56(2)(vii)

income of Rs.40,05,190/- and passed the order u/s 143(3) r.w.s 263 of the Act dated 10.12.2019. 3. Aggrieved by the order, the assessee has filed an appeal with the CIT(A). Whereas the CIT(A) considered the grounds of appeal, submissions of the assessee and findings of the AO but has confirmed the action

DINESH JAT,SAGAR vs. CIT(A), NFAC

ITA 196/JAB/2025[2013-14]Status: DisposedITAT Jabalpur28 Aug 2025AY 2013-14

Bench: SH. KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY (Accountant Member)

For Appellant: Sh. Jaiswal Sancheti, C.AFor Respondent: Shri. N.M. Prasad, Sr. DR
Section 144Section 147Section 250Section 251(1)(a)Section 271(1)(c)Section 44ASection 69A

u/s 271(1)(c) is unsustainable in law and facts. 2. Penalty Confirmed Without Establishing Concealment or Inaccurate Particulars The Hon'ble CIT(A) erred in confirming the penalty under section 271(1)(c) without demonstrating that the appellant had either concealed income or furnished inaccurate particulars thereof. The appellant had no willful intent or knowledge

DINESH JAT,SAGAR vs. CIT (A), SAGAR

ITA 195/JAB/2025[2013-2014]Status: DisposedITAT Jabalpur28 Aug 2025AY 2013-2014

Bench: SH. KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY (Accountant Member)

For Appellant: Sh. Jaiswal Sancheti, C.AFor Respondent: Shri. N.M. Prasad, Sr. DR
Section 144Section 147Section 250Section 251(1)(a)Section 271(1)(c)Section 44ASection 69A

u/s 271(1)(c) is unsustainable in law and facts. 2. Penalty Confirmed Without Establishing Concealment or Inaccurate Particulars The Hon'ble CIT(A) erred in confirming the penalty under section 271(1)(c) without demonstrating that the appellant had either concealed income or furnished inaccurate particulars thereof. The appellant had no willful intent or knowledge

J.P TOBACO PRODUCTA PVT. LTD. vs. ASST. COMMISSIONER OF INCOME TAX CIRCLE - SAGAR,

In the result, both the appeals filed by the assessee are In the result, both the appeals filed by the assessee are In the result, both the appeals filed by the assessee are allowed

ITA 188/JAB/2016[2003-04]Status: DisposedITAT Jabalpur20 Oct 2023AY 2003-04

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Ita Nos. 187 & 188/Jab/2016 Assessment Years: 2002-03 & 2003-04 J.P. Tobacco Products Pvt. Ltd., Acit Circle-Sagar. Pathariya Phatak, Damoh (M.P.) Vs. Pan No. Aaacj 7141 G Appellant Respondent Assessee By : Mr. G.N. Purohit, Sr. Advocate & Mr. Abhijeet Shrivastava, Advocate Revenue By : Mr. Saad Kidwai, Cit-Dr : Date Of Hearing 22/09/2023 Date Of Pronouncement : 20/10/2023

For Appellant: Mr. G.N. Purohit, Sr. Advocate &For Respondent: Mr. Saad Kidwai, CIT-DR
Section 271(1)(c)Section 274

u/s 271(1)(c) of the Income-tax Act, 1961 (in short ‘the Act’). In the grounds raised in both the assessment years, the assessee has challenged levy of JB Tobacco Products Pvt. Ltd. 2 ITA Nos. 187 & 188/JAB/2016 ITA the penalty by the Assessing Officer. The assessee also raised the penalty by the Assessing Officer. The assessee

J.P TOBACO PRODUCTA PVT. LTD. vs. ASST. COMMISSIONER OF INCOME TAX CIRCLE - SAGAR,

In the result, both the appeals filed by the assessee are In the result, both the appeals filed by the assessee are In the result, both the appeals filed by the assessee are allowed

ITA 187/JAB/2016[2002-03]Status: DisposedITAT Jabalpur20 Oct 2023AY 2002-03

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Ita Nos. 187 & 188/Jab/2016 Assessment Years: 2002-03 & 2003-04 J.P. Tobacco Products Pvt. Ltd., Acit Circle-Sagar. Pathariya Phatak, Damoh (M.P.) Vs. Pan No. Aaacj 7141 G Appellant Respondent Assessee By : Mr. G.N. Purohit, Sr. Advocate & Mr. Abhijeet Shrivastava, Advocate Revenue By : Mr. Saad Kidwai, Cit-Dr : Date Of Hearing 22/09/2023 Date Of Pronouncement : 20/10/2023

For Appellant: Mr. G.N. Purohit, Sr. Advocate &For Respondent: Mr. Saad Kidwai, CIT-DR
Section 271(1)(c)Section 274

u/s 271(1)(c) of the Income-tax Act, 1961 (in short ‘the Act’). In the grounds raised in both the assessment years, the assessee has challenged levy of JB Tobacco Products Pvt. Ltd. 2 ITA Nos. 187 & 188/JAB/2016 ITA the penalty by the Assessing Officer. The assessee also raised the penalty by the Assessing Officer. The assessee

AMIT KUMAR YADAV,SEONI vs. INCOME TAX OFFICER, SEONI

In the result, the assessee’s appeal in ITA No

ITA 166/JAB/2024[2018-19]Status: DisposedITAT Jabalpur28 Aug 2025AY 2018-19

Bench: SH. KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY (Accountant Member)

For Appellant: Sh. G.N. Purohit, Sr. AdvocateFor Respondent: Sh. Alok Bhura, Sr. DR
Section 144Section 250Section 271ASection 272A(1)(d)

u/s 142(1). The penalty of Rs. 50000/- should be quashed in toto. 4. That The applicant reserves his right to raise additional ground or grounds of appeal those may arise at the time of hearing of this appeal.” 2. The facts of the case are, that the return of income of the assessee for the assessment year