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41 results for “penalty u/s 271”+ Section 5clear

Sorted by relevance

Delhi2,046Mumbai1,704Ahmedabad528Jaipur511Chennai368Indore356Surat327Kolkata324Pune305Hyderabad298Bangalore281Chandigarh191Raipur191Rajkot186Amritsar125Nagpur107Patna92Cochin91Visakhapatnam86Lucknow81Allahabad70Agra58Guwahati58Dehradun54Cuttack49Ranchi48Jodhpur41Jabalpur39Panaji20Varanasi13

Key Topics

Section 271(1)(c)55Section 271(1)(b)32Addition to Income30Penalty29Section 14823Section 12A22Section 44A20Section 14419Section 11

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)

penalty on the basis of vague notice. In this respect, our attention was drawn by the ld. AR towards impugned notice issued u/s 274 read with Section 271(1) of the Act dated 28-03-2013 and the same is reproduced as under:- 5

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

In the result, appeal of the assessee in ITA No

Showing 1–20 of 41 · Page 1 of 3

19
Section 143(3)18
Disallowance7
Natural Justice7
ITA 333/JODH/2019[2009-10]Status: Disposed
ITAT Jodhpur
20 Sept 2023
AY 2009-10
Section 127Section 132Section 271(1)(c)

u/s 271(1)(c) vide order dated 28-06-2019. So, the assessee on being aggrieved preferred this appeal against the order of the CIT(A)-2, Udaipur dated 28-06-2019 by taking the ground of limitation stating that the order passed by the ld. CIT(A) ordering the levy of the penalty was barred by limitation in accordance

MANISH SHARMA,KOTA vs. JCIT, CENTRAL CIRCLE, UDAIPUR

In the result, appeal of the assessee is allowed

ITA 619/JODH/2024[2011-12]Status: DisposedITAT Jodhpur25 Jun 2025AY 2011-12

Bench: Date Of Hearing.

Section 132(1)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 250Section 269TSection 271DSection 271E

271(1)(c). Accordingly, the impugned penalty order is barred by limitation and deserves to be quashed.” 4. On the other hand, the ld. Departmental Representative supported the orders of the revenue authorities. Ground No. 1 relates to ld. CIT (A) has erred in not quashing the penalty order passed under section 271E of the IT Act, 1961. 5

SANGRAM RAM,BIKANER vs. ITO, WARD -1(1), BIKANER

In the result, both appeals of the assessee are allowed

ITA 120/JODH/2022[2012-13]Status: DisposedITAT Jodhpur20 Jan 2023AY 2012-13

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

Section 142(1)Section 143(2)Section 143(3)Section 147Section 263Section 271(1)(b)Section 274

5. In view of the above discussion, a penalty amounting to Rs.10,000/- is hereby imposed as per the provision of section u/s 271

SANGRAM RAM,BIKANER vs. ITO, WARD -1(1), BIKANER

In the result, both appeals of the assessee are allowed

ITA 119/JODH/2022[2010-11]Status: DisposedITAT Jodhpur20 Jan 2023AY 2010-11

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

Section 142(1)Section 143(2)Section 143(3)Section 147Section 263Section 271(1)(b)Section 274

5. In view of the above discussion, a penalty amounting to Rs.10,000/- is hereby imposed as per the provision of section u/s 271

SHRI KHERAJ RAM ,BARMER vs. DC CEN CIR01, JODHPUR

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

ITA 112/JODH/2023[2012-13]Status: DisposedITAT Jodhpur21 Dec 2023AY 2012-13

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 142(1)(iii)Section 153ASection 250Section 271Section 271(1)(b)Section 44A

section 271(1)(b)/274 of the Act. Finally, the penalty was levied amount to Rs.10,000/- u/s 271(1)(b). Aggrieved assessee filed an appeal before the ld. CIT(A). The ld. CIT(A) upheld the penalty order. Being aggrieved assessee filed an appeal before us. 5

SHRI KHERAJ RAM ,BARMER vs. DC CEN CIR01, JODHPUR

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

ITA 114/JODH/2023[2014-15]Status: DisposedITAT Jodhpur21 Dec 2023AY 2014-15

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 142(1)(iii)Section 153ASection 250Section 271Section 271(1)(b)Section 44A

section 271(1)(b)/274 of the Act. Finally, the penalty was levied amount to Rs.10,000/- u/s 271(1)(b). Aggrieved assessee filed an appeal before the ld. CIT(A). The ld. CIT(A) upheld the penalty order. Being aggrieved assessee filed an appeal before us. 5

SHRI KHERAJ RAM ,BARMER vs. DC CEN CIR01, JODHPUR

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

ITA 113/JODH/2023[2013-14]Status: DisposedITAT Jodhpur21 Dec 2023AY 2013-14

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 142(1)(iii)Section 153ASection 250Section 271Section 271(1)(b)Section 44A

section 271(1)(b)/274 of the Act. Finally, the penalty was levied amount to Rs.10,000/- u/s 271(1)(b). Aggrieved assessee filed an appeal before the ld. CIT(A). The ld. CIT(A) upheld the penalty order. Being aggrieved assessee filed an appeal before us. 5

SHRI KHERAJ RAM ,BARMER vs. DC CEN CIR01, JODHPUR

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

ITA 111/JODH/2023[2011-12]Status: DisposedITAT Jodhpur21 Dec 2023AY 2011-12

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 142(1)(iii)Section 153ASection 250Section 271Section 271(1)(b)Section 44A

section 271(1)(b)/274 of the Act. Finally, the penalty was levied amount to Rs.10,000/- u/s 271(1)(b). Aggrieved assessee filed an appeal before the ld. CIT(A). The ld. CIT(A) upheld the penalty order. Being aggrieved assessee filed an appeal before us. 5

DEEPAK KUMAR RAJORIA,AHMEDABAD vs. ITO, WARD-1(2), BIKANER

In the result, the appeal of the assessee is allowed

ITA 170/JODH/2022[2017-18]Status: DisposedITAT Jodhpur11 Aug 2023AY 2017-18

Bench: Assessing Authority Tax Was Paid & Adjust From Tds The Appellant Was Aware Of The Fact That There Is Any Form By Filing Which The Penalty May Be Dropped So The Penalty Was Never Leviable In This Case Therefore The Penalty U/S 270A May Please Be Cancelled. 3. The Appellant Prays For Justice & Relief. 4. The Appellant May Please Be Permitted To Raise Any Addition Or Alternative Ground At Or Before The Hearing.”

Section 143(3)Section 270ASection 271(1)(C)Section 274Section 80G

u/s 270A is in force to replace section 271(1)(C) of the IT Act. In this relevant case the assessee had voluntarily surrendered his claim of deduction so in this case no penalty should be imposed because there was no addition on record and the voluntarily surrender never attracts penalty provision as held in various judgments penalty is unjustified

SHRINATH PRODUCTS,UDAIPUR vs. ITO, WARD-2, RAJSAMAND

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

ITA 51/JODH/2020[2009-10]Status: DisposedITAT Jodhpur07 Aug 2023AY 2009-10

Bench: Shri Pavan Kumar Gadale & Shri Dr. Dipak P. Ripotem/S Shrinath Products Vs. Ito. Ward 1(1), A.M.Mehta & Co, Udaipur, 6-B, Bapu Bazar, Rajasthan. Udaipur.-313001, Rajasthan. Pan/Gir No. : Aaqfs9840Q Appellant .. Respondent Assessee By : None Revenue By : Ms. Nidhi Nair. Jcit-Dr Date Of Hearing 07.08.2023 Date Of Pronouncement 07.08.2023 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,Udaipur Passed U/S 250 Of The Income Tax (Act), 1961. The Assessee Has Raised The Following Grounds Of Appeal.

For Appellant: NoneFor Respondent: Ms. Nidhi Nair. JCIT-DR
Section 142(1)Section 144Section 148Section 250Section 271(1)(b)

section 144 of the Act and passed the order u/s 144 r.w. 147 of the Act. The Ld.DR supported the order of the CIT(A). 6. We heard the Ld. DR submissions and perused the material available on record. The assessee has raised the grounds of appeal challenging the levy of penalty u/s 271

ACIT, CIRCLE, BHILWARA vs. M/S. SURAJ FABRICS INDUSTRIES LTD. , KOLKATA

In the result appeal of the revenue is dismissed

ITA 475/JODH/2017[2010-11]Status: DisposedITAT Jodhpur11 Aug 2023AY 2010-11

Bench: Shri Pavan Kumar Gadale & Dr. Dipak P. Ripoteassessment Year: 2010-11 Assistant Commissioner M/S Suraj Fabrics Industries Of Income-Tax, Circle, Vs Ltd., 224A, Elegant Tower, Bhilwara A.J.C. Bose Road, Kolkata, West Bengal Pan: Aabcs8988B Appellant / Revenue Respondent / Assessee Revenue By Smt. Alka Rajvanshi Jain, Cit-Dr Assessee By None Date Of Hearing 11.08.2023 Date Of Pronouncement 11.08.2023 Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Department Against The Order Of Ld. Commissioner Of Income Tax (Appeals), Ajmer Dated 06.09.2017 Deleting The Penalty Under Section 271(1)(C) Of The Act For A.Y. 2010-11. The Assessee Has Raised Following Grounds Of Appeal As Under:- “1. Cancelling The Penalty Levied For Addition Of Unexplained Cash Credit On A/C Of Share Capital Of 10,00,00,000/- Without Appreciating The Facts That The Quantum Addition Made By The Ao Was Confirmed By The Ld.Cit(A) As The Identity & M/S Suraj Fabrics Industries Ltd.

Section 271(1)(c)Section 40A(3)Section 50CSection 68

u/s 271(1)(c) can be levied in respect of the addition made by invoking the Provisions of Section 50C. I have gone through the order of the Mumbai ITAT relied upon by the appellant carefully. The ITAT at para 6 of its order has held as under: "6. As it is clear that the assessee has disclosed all relevant

RAWAT PRABHU PRAKASH SINGH CHUNDAWAT HUF,UDAIPUR vs. DCITL CENTRAL CIRCLE-2, UDAIPUR

In the result, all the above appeals of the assessee are allowed

ITA 687/JODH/2024[2012-13]Status: DisposedITAT Jodhpur02 Jun 2025AY 2012-13

Bench: SHRI. LALIET KUMAR (Judicial Member), DR. MITHA LAL MEENA (Accountant Member)

For Appellant: Shri Amit Kothari, C.AFor Respondent: Shri Karni Dan, Addl. CIT(Sr. D.R)
Section 133ASection 148Section 271(1)(c)

u/s 271(1)(c) levied. 556199 432600 527620 894515 1201374 5.2 We note that the additional income was offered in the return filed under section 148. No incriminating documents indicating suppression or bogus transactions were found during the survey. The expenses in question were supported by internal vouchers and recorded in regular books. The Assessing Officer accepted the revised returns

RAWAT PRABHU PRAKASH SINGH CHUNDAWAT HUF,UDAIPUR vs. DCIT, CENTRAL CIRCLE-2, UDAIPUR

In the result, all the above appeals of the assessee are allowed

ITA 691/JODH/2024[2016-17]Status: DisposedITAT Jodhpur02 Jun 2025AY 2016-17

Bench: SHRI. LALIET KUMAR (Judicial Member), DR. MITHA LAL MEENA (Accountant Member)

For Appellant: Shri Amit Kothari, C.AFor Respondent: Shri Karni Dan, Addl. CIT(Sr. D.R)
Section 133ASection 148Section 271(1)(c)

u/s 271(1)(c) levied. 556199 432600 527620 894515 1201374 5.2 We note that the additional income was offered in the return filed under section 148. No incriminating documents indicating suppression or bogus transactions were found during the survey. The expenses in question were supported by internal vouchers and recorded in regular books. The Assessing Officer accepted the revised returns

RAWAT PRABHU PRAKASH SINGH CHUNDAWAT HUF,UDAIPUR vs. DCIT, CENTRAL CIRCLE-2, UDAIPUR

In the result, all the above appeals of the assessee are allowed

ITA 690/JODH/2024[2015-16]Status: DisposedITAT Jodhpur02 Jun 2025AY 2015-16

Bench: SHRI. LALIET KUMAR (Judicial Member), DR. MITHA LAL MEENA (Accountant Member)

For Appellant: Shri Amit Kothari, C.AFor Respondent: Shri Karni Dan, Addl. CIT(Sr. D.R)
Section 133ASection 148Section 271(1)(c)

u/s 271(1)(c) levied. 556199 432600 527620 894515 1201374 5.2 We note that the additional income was offered in the return filed under section 148. No incriminating documents indicating suppression or bogus transactions were found during the survey. The expenses in question were supported by internal vouchers and recorded in regular books. The Assessing Officer accepted the revised returns

RAWAT PRABHU PRAKASH SINGH CHUNDAWAT HUF,UDAIPUR vs. DCIT, CENTRAL CIRCLE-2, UDAIPUR

In the result, all the above appeals of the assessee are allowed

ITA 689/JODH/2024[2014-15]Status: DisposedITAT Jodhpur02 Jun 2025AY 2014-15

Bench: SHRI. LALIET KUMAR (Judicial Member), DR. MITHA LAL MEENA (Accountant Member)

For Appellant: Shri Amit Kothari, C.AFor Respondent: Shri Karni Dan, Addl. CIT(Sr. D.R)
Section 133ASection 148Section 271(1)(c)

u/s 271(1)(c) levied. 556199 432600 527620 894515 1201374 5.2 We note that the additional income was offered in the return filed under section 148. No incriminating documents indicating suppression or bogus transactions were found during the survey. The expenses in question were supported by internal vouchers and recorded in regular books. The Assessing Officer accepted the revised returns

CHAMPA LAL MEHTA ,SANCHORE vs. ITO WARD-2, JALORE

In the result, the appeal of the assessee in ITA No

ITA 598/JODH/2024[2009-10]Status: DisposedITAT Jodhpur29 Sept 2025AY 2009-10
Section 271(1)Section 271(1)(c)

u/s 271(1)(c) of the Act can be levied.\nThe disallowance of purchases on adhoc/estimated basis does not\ntantamount to furnishing inaccurate particulars ofincome under the\nprovisions ofSection 271(1) (c) ofthe Act. The A.O. has not doubted the\nsales and made disallowance of bogus purchases, and we rely on the\nratio of the Honorable Jurisdictional High Court

MAHENDRA SINGH DHARAMPAL & CO.,UDAIPUR vs. ACIT, CIRCLE-2, UDAIPUR

In the result, the appeal of the assessee is allowed

ITA 229/JODH/2024[2011-12]Status: DisposedITAT Jodhpur28 Jan 2026AY 2011-12

Bench: Dr. Mitha Lal Meena, Hon’Ble & Shri Sudhir Pareek, Hon’Blemahendra Singh Dharampal & Acit Circle 2, Co Udaipur - 313001 15-18, Diamond Plazza, Hiran Magri Sect 5, Udaipur - 313001 Pan No. Aadfm 9764 A Assessee By Shri Yogesh Pokharna, C.A. (Physical) Revenue By Shri K.C. Meena, Addl. Cit-Dr (Virtual) Date Of Hearing 13.01.2026. Date Of Pronouncement 28.01.2026. Order Dr. Mitha Lal Meena, A.M.: The Appeal Is Filed By The Assessee Against The Order Of The Commissioner Of Income Tax, Appeal [Hereinafter Referred To As The Cit(A)] Udaipur Dated 19.03.2024 For The Assessment Year 2011-12 Challenging Therein Confirmation Of Penalty Of Rs. 1,54,500/- Levied U/S 271(1)(C) By The Ao.

Section 113Section 139(4)Section 144Section 153ASection 271(1)(c)Section 40

Section 113 of the Act vide order dated 16th March, 2014 with the addition of Rs. 5,00,000/- by disallowing remuneration paid to partners. 3. In the present case thus, the penalty proceedings u/s 271

M/S. THE CENTRAL COOPERATIVE BANK LTD. ,BHILWARA vs. ACIT, CIRCLE, BHILWARA

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

ITA 93/JODH/2018[2014-15]Status: DisposedITAT Jodhpur11 Aug 2023AY 2014-15

Bench: Shri Pavan Kumar Gadale & Shri Dr. Dipak P. Ripotem/S.The Central Vs. The Acit, Circle Cooperative Bank Ltd., Bhilwara. Mahendra Gargieya & Rajasthan. Associates, Adv , No537-538,5Thfloor, Mahimatrinity, New Sanganer Road, Jaipur – 302019, Rajasthan. Pan/Gir No. : Aaaat8126B Appellant .. Respondent Assessee By : None Revenue By : Ms. Nidhi Nair, Jcit -Dr Date Of Hearing 10.08.2023 Date Of Pronouncement 11.08.2023 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), Ajmer Passed U/S 271(1)(C) & 250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal: M/S. The Central Cooperative Bank Ltd.,Bhilwara. 1.The Impugned Penalty Order U/S 271(1)(C) Of The Act Dated 18.05.2017 Is Bad In Law & On Facts Of The Case, For Want Of Jurisdiction & Various Other Reasons & Hence The Same Kindly Be Quashed.

For Appellant: NoneFor Respondent: Ms. Nidhi Nair, JCIT -DR
Section 143(1)Section 143(2)Section 143(3)Section 271(1)(c)Section 274

Section 271(1)(c) of the Act, the penalty proceedings had been initiated i.e., whether for concealment particulars of income or furnishing of inaccurate particulars of income. The impugned penalty based on such a notice being contrary to the provisions of law & facts kindly be quashed. 4. The appellant prays your honour indulgences to add, amend or alter

INCOME TAX OFFICER, TDS, UDAIPUR vs. DEPUTY CONSERVATOR OF FOREST SOUTH, UDAIPUR

In the result, both the above appeals filed by the Revenue are dismissed

ITA 113/JODH/2024[2013-14]Status: DisposedITAT Jodhpur24 Mar 2025AY 2013-14

Bench: SHRI. LALIET KUMAR (Judicial Member), DR. MITHA LAL MEENA (Accountant Member)

For Appellant: Shri Amit Kothari, C.AFor Respondent: Shri Ajay Malik, CIT DR
Section 10Section 10(20)Section 10(46)Section 11Section 194CSection 201(1)Section 80P

section 194C thus do not apply. We get support of this view from the decision of Delhi Bench of ITAT in ITA No.6844/Del./2019 (Assessment Year : 2015-16) in the case of M/s. Santur Infrastructure Pvt. Ltd., vs. ACIT, Range 77 New Delhi where in the coordinate bench has also considered these aspect of the matter. The relevant part