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12 results for “disallowance”+ Section 271Cclear

Sorted by relevance

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Key Topics

Section 201(1)13Section 271(1)(c)12Section 271C10TDS10Section 407Section 40A(3)7Section 2016Penalty6Deduction6Addition to Income

STATE BANK OF INDIA,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX (TDS), JAIPUR

In the result, the penalty so levied under section 271C is hereby directed to be deleted

ITA 1135/JPR/2018[2012-13]Status: DisposedITAT Jaipur31 Dec 2018AY 2012-13
For Appellant: Smt. Neelam Ashok (C.A.)For Respondent: Shri J.C. Kulhari (JCIT) a
Section 10(5)Section 192Section 201Section 201(1)Section 271C

disallowance under section 40(a)(ia) of the Income Tax Act and other additions were also made in the assessment order, which are accepted by the assessee and the demand raised as per assessment order has been paid. Therefore, these circumstances would clearly reveal that the assessee has reasonable cause for failure to comply with the provisions of section. Therefore

5
Section 194C4
Section 143(3)4

ISYS SOFTECH PRIVATE LIMITED,JAIPUR vs. CIT (A), JAIPUR, JAIPUR

In the result, appeal of the assessee is allowed

ITA 528/JPR/2023[2011-12]Status: DisposedITAT Jaipur22 Nov 2023AY 2011-12

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. G. M. MehtaFor Respondent: Smt. Monisha Choudhary (Addl. CIT)
Section 143(3)Section 195Section 195(1)Section 271CSection 40Section 9(1)(vi)

271C is guided by section 275(1)(c) and therefore independent of any assessment order through which the penalty might have been initiated. Therefore, the cited court case of Pr.CIT Vs. Mahesh Wood Products Pvt. Ltd. (2017)394 ITR 312 (Del) is not applicable to the fact of the instant case. The appellant has raised the issue of reasonable cause

SHRI NEERAJ PUROHIT,JAIPUR vs. JOINT COMMISSIONER OF INCOME TAX, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 109/JPR/2018[2013-14]Status: DisposedITAT Jaipur20 Jul 2018AY 2013-14
For Appellant: Shri Manish AgarwalFor Respondent: Smt. Seema Meena, JCIT - DR
Section 269SSection 269TSection 271(1)Section 271ESection 40A(3)

271C, [ section 271CA,] section 271D , section 271E, [ section 271F, [ section 271FA,] [ section 271FB ,] [ section 271G,]] clause (c) or clause (d ) of sub-section (1) or sub-section (2) 7 Shri Neeraj Purohit vs JCIT , Range-4, Jaipur of section 272A, sub-section (1) of section 272AA] or [ section 272B or] [sub-section (1) [or sub-section (1A)] of section 272BB

SHRI VIKRAM SINGH SHEKHAWAT,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE, SIKAR

In the result, the appeals filed by the assessee in ITA No

ITA 484/JPR/2019[2013-14]Status: DisposedITAT Jaipur23 Jan 2020AY 2013-14
For Appellant: Shri Shrawan Kumar Gupta, AdvocateFor Respondent: Shri K.C. Gupta, JCIT DR
Section 143(3)Section 145(3)Section 154Section 234A

disallowance does deincentivize not deducting tax at source, when such tax deductions are due, but, so far as the legal framework is concerned, this provision is not for the purpose of penalizing for the tax deduction at source lapses. The scheme of Section 40(a)(ia), as ITAT see it, is aimed at ensuring that an expenditure should

MORANI FOURWHEELS PVT. LTD.,JAIPUR vs. ACIT, JAIPUR

In the result, ground taken by the assessee is allowed for statistical purposes

ITA 175/JPR/2016[2011-12]Status: DisposedITAT Jaipur11 May 2017AY 2011-12
For Appellant: Shri S. L. Poddar (Ad.)For Respondent: Shri O.P. Bhateja (Addl.CIT)
Section 194CSection 40Section 40A(3)

271C, and, section 40(a)(ia) does not add to the same. The provisions of Section 40(a)(ia), as they existed prior to insertion of second proviso thereto, went much beyond the obvious intentions of the lawmakers and created undue hardships even in cases in which the assessee's tax withholding lapses did not result in any loss

DHANRAJ SETHIA,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE-1

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

ITA 169/JPR/2023[2012-13]Status: DisposedITAT Jaipur28 Jun 2023AY 2012-13

Bench: Hon’ble SHRI SANDEEP GOSAIN (Judicial Member)

For Appellant: Shri Praveen Saraswat, CAFor Respondent: Mrs. Monisha Choudhary, Addl. CIT
Section 194ASection 194A(3)(iii)Section 271Section 271(1)Section 271(1)(c)Section 274Section 40

271C : Failed to deduct tax at source, wholly or partly, under section 192 to 195 of Chapter XVII-2. 271D : Taken or accepted certain loans and deposited in contravention of provisions of Section 269SS. 271E Repaid any deposit specified in section 269T in contravention to its provisions. 5 DHANRAJ SETHIA VS ACIT, CIRCLE-1, JAIPUR 271F Failed to furnish return

R.F. PROPERTIES PVT. LTD.,JAIPUR vs. ACIT, JAIPUR

In the result, appeal of Assessee in ITA No

ITA 483/JPR/2015[2010-11]Status: DisposedITAT Jaipur29 Jun 2017AY 2010-11
For Appellant: Shri Rajive Sahai & Shri Ashish SharmaFor Respondent: Smt. Roshanta Meena (Addl. CIT)
Section 201Section 201(1)

271C of the Income-Tax Act". 11. In the instant case, the appellant had paid the interest under section 201 (1A) of the Act and there is no dispute that the tax due had been paid by the deductee-assessee (M/s Pradeep Oil Corporation). It is not disputed before us that the circular is applicable to the facts situation

ACIT, JAIPUR vs. R.F. PROPERTIES PVT. LTD., JAIPUR

In the result, appeal of Assessee in ITA No

ITA 565/JPR/2015[2010-11]Status: DisposedITAT Jaipur29 Jun 2017AY 2010-11
For Appellant: Shri Rajive Sahai & Shri Ashish SharmaFor Respondent: Smt. Roshanta Meena (Addl. CIT)
Section 201Section 201(1)

271C of the Income-Tax Act". 11. In the instant case, the appellant had paid the interest under section 201 (1A) of the Act and there is no dispute that the tax due had been paid by the deductee-assessee (M/s Pradeep Oil Corporation). It is not disputed before us that the circular is applicable to the facts situation

ITO(TDS), AJMER vs. DIVISIONL FOREST OFFICER, AJMER

In the result, the appeal of the revenue in ITA no

ITA 360/JPR/2023[2018-19]Status: DisposedITAT Jaipur08 Nov 2023AY 2018-19

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. Nos. 358 to 360/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2016-17 to 2018-19 Income Tax Officer (TDS), Ajmer cuke Vs. Divisional Forest Officer Ajmer LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No. JDHD 02557 C vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. Sunil Porwal (CA) jktLo dh vksj ls@ Revenue by : Sh. Anup Singh (Addl. CIT) lquokbZ dh rkjh[k@ Date of Hearing :

For Appellant: Sh. Sunil Porwal (CA)For Respondent: Sh. Anup Singh (Addl. CIT)
Section 10Section 10(20)Section 10(46)Section 11Section 133Section 194CSection 201Section 201(1)Section 80P

section 271C of the IT Act. Considering & affirming the similar facts / pleas the LD. CIT(A), NFAC Delhi in similar type of cases of Divisional Forest Officer, Ajmer (A Division of Forest Department Like Assessee) vide Appeal order no. 10144/2019-20 , 10145/2019-20, 101431/2019-20 order dated 28.02.2023 for A.Y. 2016-17 / 2017-18 has deleted the addition / disallowance

INCOME TAX OFFICER (TDS), AJMER vs. DIVISIONL FOREST OFFICER, AJMER

In the result, the appeal of the revenue in ITA no

ITA 358/JPR/2023[2016-17]Status: DisposedITAT Jaipur08 Nov 2023AY 2016-17

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. Nos. 358 to 360/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2016-17 to 2018-19 Income Tax Officer (TDS), Ajmer cuke Vs. Divisional Forest Officer Ajmer LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No. JDHD 02557 C vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. Sunil Porwal (CA) jktLo dh vksj ls@ Revenue by : Sh. Anup Singh (Addl. CIT) lquokbZ dh rkjh[k@ Date of Hearing :

For Appellant: Sh. Sunil Porwal (CA)For Respondent: Sh. Anup Singh (Addl. CIT)
Section 10Section 10(20)Section 10(46)Section 11Section 133Section 194CSection 201Section 201(1)Section 80P

section 271C of the IT Act. Considering & affirming the similar facts / pleas the LD. CIT(A), NFAC Delhi in similar type of cases of Divisional Forest Officer, Ajmer (A Division of Forest Department Like Assessee) vide Appeal order no. 10144/2019-20 , 10145/2019-20, 101431/2019-20 order dated 28.02.2023 for A.Y. 2016-17 / 2017-18 has deleted the addition / disallowance

INCOME TAX OFFICER (TDS), AJMER vs. DIVISIONL FOREST OFFICER, AJMER

In the result, the appeal of the revenue in ITA no

ITA 359/JPR/2023[2017-18]Status: DisposedITAT Jaipur08 Nov 2023AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA. Nos. 358 to 360/JP/2023 fu/kZkj.k o"kZ@Assessment Years : 2016-17 to 2018-19 Income Tax Officer (TDS), Ajmer cuke Vs. Divisional Forest Officer Ajmer LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No. JDHD 02557 C vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh. Sunil Porwal (CA) jktLo dh vksj ls@ Revenue by : Sh. Anup Singh (Addl. CIT) lquokbZ dh rkjh[k@ Date of Hearing :

For Appellant: Sh. Sunil Porwal (CA)For Respondent: Sh. Anup Singh (Addl. CIT)
Section 10Section 10(20)Section 10(46)Section 11Section 133Section 194CSection 201Section 201(1)Section 80P

section 271C of the IT Act. Considering & affirming the similar facts / pleas the LD. CIT(A), NFAC Delhi in similar type of cases of Divisional Forest Officer, Ajmer (A Division of Forest Department Like Assessee) vide Appeal order no. 10144/2019-20 , 10145/2019-20, 101431/2019-20 order dated 28.02.2023 for A.Y. 2016-17 / 2017-18 has deleted the addition / disallowance

SHRI JAI HIND AGARWAL,JAIPUR vs. ITO, WD-5(4), JAIPUR

In the result, this appeal of the assessee is allowed

ITA 146/JPR/2021[2013-14]Status: DisposedITAT Jaipur27 Dec 2021AY 2013-14

Bench: Or At The Time Of Hearing.” 2. The Hearing Of The Appeal Was Concluded Through Video Conference In View Of The Prevailing Situation Of Covid-19 Pandemic.

For Appellant: Shri S.L. Poddar (Adv)For Respondent: Smt. Runi Pal (Addl.CIT)
Section 143(3)Section 271(1)(c)Section 41(1)

disallowing 25% of unverifiable purchases. Thus it is a case of an estimate against an estimate hence no penalty is leviable in such a case where addition are based purely on estimate basis. The following cases are quoted for support – (i) Gulraj Vaswani Vs. ACIT, (ITSSA No. 21/JP/06) in Tax World Vol-XXXIX page-35 held that "Before Tribunal