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

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Key Topics

Section 271(1)(c)20Addition to Income12Penalty10Section 271A9Section 1478Section 1447Section 69A7Natural Justice7Section 1546Section 142(1)

VINOD (RATAN) SUHALKA,UDAIPUR vs. ACIT, CENTRAL CIRCLE-1, UDAIPUR

In the result, the appeals of the assessee are allowed

ITA 241/JODH/2019[2007-08]Status: PendingITAT Jodhpur05 Jan 2023AY 2007-08

Bench: Shri B. R. Baskaran & Shri Sandeep Gosain

Section 132Section 132(4)Section 153ASection 271(1)(c)

u/s 274 r.w.s. 271 of Act which has been issued in plain printed form without ticking / marking the applicable clause as well as without striking-off the irrelevant limb. This conclusion draws all the more strength upon perusal of penalty order wherein penalty has finally been levied on both the limb which is evident from para-18 of the penalty

SMT. JAYA MOGRA,UDAIPUR vs. DCIT, CENTRAL CIRCLE-2, UDAIPUR

In the result, appeal of the assessee in ITA No

6
Section 143(2)5
Limitation/Time-bar4
ITA 333/JODH/2019[2009-10]Status: DisposedITAT Jodhpur20 Sept 2023AY 2009-10
Section 127Section 132Section 271(1)(c)

u/s 271(1)(c) of the Act was initiated by the Ld Commissioner of Income tax Appeals-2, Udaipur on enhancement order passed by him on dated 18-09-2018. 2. After considering reply the Ld CIT, A-2, Udaipur vide order dated 28-06- 2018 directed assessing officer to calculate minimum penalty. 3. The Ld assessing officer has followed

CHAINARAM,JODHPUR vs. ITO, WARD-3(1), JODHPUR

In the result, the captioned appeals of the assesses in ITA Nos

ITA 723/JODH/2024[2013-14]Status: DisposedITAT Jodhpur17 Jun 2025AY 2013-14

Bench: Shri Laliet Kumar, Hon'Ble & Dr. Mitha Lal Meena, Hon'Ble

Section 144Section 144BSection 147

natural justice, we consider it deem fit to restore back the matter to the file of the Ld. AO to pass de novo assessment after considering the written submission and evidences filed on record and may be filed before him during the fresh Assessment Proceedings after granting sufficient opportunity of being heard to the assesse with a direction that

CHAINARAM,JODHPUR vs. ITO, WARD-3(1), JODHPUR

In the result, the captioned appeals of the assesses in ITA Nos

ITA 724/JODH/2024[2013-14]Status: DisposedITAT Jodhpur17 Jun 2025AY 2013-14

Bench: Shri Laliet Kumar, Hon'Ble & Dr. Mitha Lal Meena, Hon'Blechainaram V/P Doli Tehsil Luni, Jodhpur - 342001. Pan No Biкpr9270C Assessee By Revenue By Date Of Hearing Date Of Pronouncement Ito, Ward-3(1), Jodhpur. Shri Anil Bhansali, Advocate. Shri Karni Dan, Addl. Cit (Sr. D.R.) 21.05.2025. 26.06.2025. 17

Section 144Section 144BSection 147

natural justice, we consider it deem fit to restore back the matter to the file of the Ld. AO to pass de novo assessment after considering the written submission and evidences filed on record and may be filed before him during the fresh Assessment Proceedings after granting sufficient opportunity of being heard to the assesse with a direction that

CHAINARAM,JODHPUR. vs. ITO, WARD-3(1), JODHPUR

In the result, the captioned appeals of the assesses in ITA Nos

ITA 722/JODH/2024[2013-14]Status: DisposedITAT Jodhpur17 Jun 2025AY 2013-14

Bench: Shri Laliet Kumar, Hon'Ble & Dr. Mitha Lal Meena, Hon'Ble

Section 144Section 144BSection 147

natural justice, we consider it deem fit to restore back the matter to the file of the Ld. AO to pass de novo assessment after considering the written submission and evidences filed on record and may be filed before him during the fresh Assessment Proceedings after granting sufficient opportunity of being heard to the assesse with a direction that

CHANDAN SINGH,POKRAN vs. ITO,, JAISALMER

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

ITA 74/JODH/2022[2016-17]Status: DisposedITAT Jodhpur20 Jan 2023AY 2016-17

Bench: Shri B. R. Baskaran & Dr. S. Seethalakshmi

Section 143(3)Section 271(1)(c)Section 68Section 69Section 69A

271(1)(c) of the Act. This ground of appeal does not have any merit, as no prejudice is caused to the assessee on mere initiation of penalty proceedings Penalty proceedings are separate proceedings and levying of penalty is not automatic after its initiation. Therefore, this ground of appeal is pre- mature and the same is hereby dismissed” 6. Against

SHRI PRAKASH MODI,JODHPUR vs. ACIT, CIRCLE-1, JODHPUR

In the result, the appeal filed by assessee is allowed for statistical purposes

ITA 25/JODH/2023[2016-17]Status: DisposedITAT Jodhpur17 Aug 2023AY 2016-17

Bench: Shri Pavan Kumar Gadale & Shri Dr. Dipak P. Ripoteprakash Chand Modi Vs. Acit, Cir-1, D-128, Shastrinagar, Jodhpur, Jodhpur-342003, Rajasthan. Rajasthan. Rpan/Gir No. : Adqpm6554J Appellant .. Respondent Assessee By : Shri Amit Kothari, Ca Revenue By : Ms. Nidhi Nair, Jcit -Dr Date Of Hearing 14.08.2023 Date Of Pronouncement 17.08.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Order Of The National Faceless Appeal Centre (Nfac), Delhi / Cit(A) Passed U/S 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri Amit Kothari, CAFor Respondent: Ms. Nidhi Nair, JCIT -DR
Section 250Section 271(1)(b)

u/s 271(1)(b). The order so made is bad in law and bad on facts and is contrary to the principles of natural justice. 2. The Id. CIT(A), has erred in confirming penalty

UMMAID MAL SINGHVI,JODHPUR vs. ACIT, CENTRAL CIRCLE-2, JODHPUR

Accordingly, legal ground raised by the assessee is allowed for statistical purpose

ITA 14/JODH/2020[2008-09]Status: DisposedITAT Jodhpur07 Aug 2023AY 2008-09

Bench: Shri Pavan Kumar Gadale & Dr. Dipak P. Ripoteassessment Year : 2008-09 Shri. Ummaid Mal Singhvi, Acit, C/O Rajendra Jain Advocate, Vs Central Circle-2, 106 Akshay Deep Complex, 5Th Jodhpur B Road, Sardarpura, Jodhpur Pan: Abpps7429D Appellant / Assessee Respondent / Revenue Assessee By Shri Rajendra Jain, Advocate Revenue By Ms. Nidhi Nair, Jcit-Dr Date Of Hearing 07.08.2023 Date Of Pronouncement 07.08.2023 Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-2, Udaipur Dated 30Th September, 2019 For Assessment Year 2008-09 Emanating From The Penalty Order Under Section 271Aaa Of The Income Tax Act Passed By Assistant Commissioner Of Income Tax, Circle-2, Jodhpur. The Assessee Has Raised The Following Grounds Of Appeal : Ummaid Mal Singhvi

Section 139(1)Section 271ASection 50C

justice & relief. Basic Facts 2. In this case, there was a search under section 132 of the Act on 25.03.2008. The Assessing Officer passed an assessment order under section 143(3) r.w.s. 153A of the Act. The Assessing Officer initiated penalty proceedings under section 271AAA for 4 Ummaid Mal Singhvi concealing the particulars of income. The Assessing Officer levied penalty

MANOHAR SINGH,JODHPUR vs. ITO, WARD-1(3),, JODHPUR

In the result, the appeal of the assessee is partly allowed

ITA 159/JODH/2019[2013-14]Status: DisposedITAT Jodhpur04 Oct 2023AY 2013-14
Section 143(2)Section 144Section 234ASection 234BSection 271(1)(b)

justice. Shri Manohar Singh vs. ITO The best judgment assessment is highly arbitrary in the nature as all the credits in the bank account had been included as income. 2. The ld. CIT(A) has erred in sustaining the following deposit of cash in the bank account of the appellant. The addition so sustained

NEERAJ RANGWANI,JODHPUR vs. ITO, WARD-3(1), JODHPUR

In the result, the appeal of the assessee is treated as allowed for statistical purposes as per direction mentioned above

ITA 150/JODH/2022[2017-18]Status: DisposedITAT Jodhpur13 Mar 2023AY 2017-18

Bench: Shri B. R. Baskaran & Dr. S. Seethalakshmi

Section 115BSection 142(1)Section 143(2)Section 143(3)Section 234ASection 271Section 44ASection 69A

Penalty proceedings u/s 271 AAC of the Act in respect of this addition of unexplained income is also hereby initiated. 7. Further, There are several credit entries by Cash as well as Cheque/RTGS by the in the bank account of the assessee, and The assessee might have camed profit/income on these as well. As a substantial addition has already been

MEWAR MIN CHEM PVT. LTD. ,BHILWARA vs. ITO, WARD-5, BHILWARA

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

ITA 73/JODH/2022[2017-18]Status: DisposedITAT Jodhpur20 Jan 2023AY 2017-18

Bench: Shri B. R. Baskaran & Dr. S. Seethalakshmi

Section 115Section 142(1)Section 144Section 144ASection 271Section 271ESection 69A

nature and source of cash deposits, hence the value of Cash deposits, appearing in the bank statements as in the body of the Order is deemed as unexplained money u/s 69A of the Income Tax Act, 1961 and added to the Total Income of the assessee and charge taxed as per provision of section

SEEMA PANDIT,MOUNT AU vs. ITO, WARD, MOUNT ABU

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

ITA 160/JODH/2019[2009-10]Status: DisposedITAT Jodhpur17 Jul 2023AY 2009-10

Bench: The Cit(A) To Rectify The Order. The Cit(A) Has Rejected The Application U/S 154 Vide Order Dated 29.3.2019 & Served The Order On The Assessee On 19.4.2019. After Rejection Of His Application U/S 154, The Assessee Has Immediately Filed This Appeal Before The Hon'Ble Tribunal..

Section 154Section 250(6)

justice. 4 We have heard the contention of both the parties and perused the materials available on record. The prayer as mentioned above by the assessee Seema Pandi vs. ITO. for condonation of delay of 208 days has merit for the reason that there was complete lockdown in Jaipur on account of COVIND-19 and all the offices including

JAISALMER CENTRAL CO-OPERATIVE BANK LIMITED,JAISALMER vs. ITO WARD-1, BARMER

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

ITA 89/JODH/2023[2015-16]Status: DisposedITAT Jodhpur31 Jul 2023AY 2015-16
Section 139(1)Section 143(2)Section 147Section 148Section 250(1)Section 271(1)(c)

271(1)(c) of the Income-tax Act, 1961 because no hearing notice u/s 250(1) was issued to the appellant to put forward its case. Therefore, the appellate order so passed is patently against the provisions of S. 250(1) and 250(2) of the Income-tax Act and is also against the fundamental principle of nature justice." Your

TSF ENTERPRISES,JODHPUR vs. DCIT, CIRCLE-1, JODHPUR

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

ITA 348/JODH/2018[2014-15]Status: DisposedITAT Jodhpur16 Aug 2023AY 2014-15

Bench: Shri Pavan Kumar Gadale & Shri Dr. Dipak P. Ripotetsf Enterprise, Vs. Dcit, Circle – 1 Golnal, Jodhpur, Rajasthan. Inside Jalori Gate, Jodhpur-342001, Rajasthan. Rpan/Gir No. : Aadft4491R Appellant .. Respondent Assessee By : Ms. Divya Phophalia, Ca & Shri Kapil Taparia, Ca Revenue By : Ms. Prerana Choudhary, Jcit Dr Date Of Hearing 16.08.2023 Date Of Pronouncement 16.08.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals)(Cit(A))-1, Jodhpur Passed U/S 143(3) & U/Sec250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Ms. Divya Phophalia, CA &For Respondent: Ms. Prerana Choudhary
Section 143(1)Section 143(2)Section 143(3)Section 145(3)Section 271(1)(c)

penalty U/s 271(1)(c) of the IT Act 3Assessee firm crave, leave to add, amend, alter modify or substitute any of the grounds of appeal at the date on or before hearing For 2.The brief facts of the case are that, the assessee is a civil contractor and is engaged in the construction of roads and other civil works

RACHNA GOYAL,JODHPUR vs. ITO, WARD-1(2), JODHPUR

In the result, appeal of the assessee is dismissed

ITA 529/JODH/2023[2013-14]Status: DisposedITAT Jodhpur25 Jun 2025AY 2013-14
Section 132Section 133ASection 142(1)Section 147Section 148Section 151Section 250Section 68

271(1)(c) holding that not to tick correct limb of the notice regarding\nconcealment of income or inaccurate particulars of income, renders the notice and\nconsequential proceedings as invalid and void, was confirmed by the Hon'ble\nSupreme Court in the case of M/s. SSSA Emerald Meadows. Copy of notice u/s\n148 is enclosed-2.\n(2)\nThat