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37 results for “penalty u/s 271”+ Long Term Capital Gainsclear

Sorted by relevance

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Key Topics

Section 271(1)(c)60Section 14827Section 143(3)27Addition to Income27Penalty21Section 10(38)19Section 25018Section 143(2)13Section 14A

SARIKA DUGAR,KOLKATA vs. ITO, KOLKATA

In the result, appeal of the assessee is partly allowed

ITA 363/KOL/2023[2013-14]Status: DisposedITAT Kolkata16 Nov 2023AY 2013-14

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Ble

For Appellant: Shri Chirag Desai, Office staff on behalf of Miraj D. Shah, A/RFor Respondent: Shri B.K. Singh, JCIT, Sr. D/R
Section 10(38)Section 143(3)Section 148Section 250Section 271(1)(c)Section 275Section 275(1)(c)

long term capital gain initiated penalty proceedings u/s 271(1)(c) of the Act and after carrying out the penalty

Showing 1–20 of 37 · Page 1 of 2

13
Long Term Capital Gains13
Section 27412
Disallowance10

SHUBH KARAN BAID. ,KOLKATA vs. ITO,WD-4(3), KOLKATA. , KOLKATA

In the result, the appeal of the assessee is allowed

ITA 836/KOL/2023[2012-13]Status: DisposedITAT Kolkata24 Jun 2024AY 2012-13

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubey]

Section 10(38)Section 147Section 148Section 271(1)Section 271(1)(c)

long term capital gain of Rs. 6,70,390/-. In the assessment proceedings, the assessee offered the said income to tax by filing revised computation 3 I.T.A. No.836/Kol/2023 Assessment Year: 2012-13 Shubh Karan Baid which has been extracted in para 4. Thereafter the AO simply brought the said capital gain to tax and initiated the penalty proceedings u/s 271

RAM AWATAR DHOOT,KOLKATA vs. WARD 22(4) KOLKATA, KOLKATA

In the result, the appeal of the assessee stands allowed

ITA 91/KOL/2024[2015-16]Status: DisposedITAT Kolkata29 Aug 2024AY 2015-16

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.91/Kol/2024 Assessment Year: 2015-16 Ram Awatar Dhoot…...…………….....……………………....………....Appellant 29B, Rabindra Sarani Floor, Room No.10E, Kolkata-700073. [Pan: Adepd7419F] Vs. Ito, Ward-22(4), Kolkata…...................................................…..…..... Respondent Appearances By: Shri Ram Awatar Dhoot, Self, Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 27, 2024 Date Of Pronouncing The Order : August 29, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 26.12.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Agitated Against The Levy/Confirmation Of Penalty U/S 271(1)(C) Of The Act. 3. The Brief Facts Of The Case Are That The Assessee Had Claimed Long- Term Capital Gains On Account Of Sale Of Shares At Rs.14,94,407/-. During The Assessment Proceedings, The Assessee Produced Relevant Documents To Substantiate His Claim, However, The Assessing Officer Held That As Per The Report Received From The Investigation Wing, There

Section 250Section 271(1)(c)

penalty u/s 271(1)(c) of the Act. 3. The brief facts of the case are that the assessee had claimed long- term capital gains

PRAMOD KUMAR SARAF,KOLKATA vs. ITO, WARD-22(2), KOLKATA

In the result, the appeal of the assessee stands allowed

ITA 683/KOL/2024[2014-15]Status: DisposedITAT Kolkata28 Aug 2024AY 2014-15

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.683/Kol/2024 Assessment Year: 2014-15 Pramod Kumar Saraf...…………….....……………………....………....Appellant 24, R. N Mukherjee Road, Mission Row, Kol-1. [Pan: Apkps6814F] Vs. Ito, Ward-22(2), Kolkata…...................................................…..…..... Respondent Appearances By: Shri Sunil Surana, Ar, Appeared On Behalf Of The Appellant. Shri Manas Mondal, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 26, 2024 Date Of Pronouncing The Order : August 28, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 26.03.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Agitated Against The Levy/Confirmation Of Penalty U/S 271(1)(C) Of The Act. 3. The Brief Facts Of The Case Are That The Assessee Had Claimed Long- Term Capital Gains On Account Of Sale Of Shares At Rs.7,10,447/-. During The Assessment Proceedings, The Assessee Produced Relevant Documents To Substantiate His Claim, However, The Assessing Officer Held That As Per The Report Received From The Investigation Wing, There Was Large Scale Price Rigging Of Certain Scrips, Whereby, The Bogus Long-Term

Section 250Section 271(1)(c)

penalty u/s 271(1)(c) of the Act. 3. The brief facts of the case are that the assessee had claimed long- term capital gains

MITUL PRAVINCHANDRA MALANI, ,KOLKATA vs. ACIT, CIR. 33, KOLKATA

In the result, the appeal of the assessee is partly allowed while the penalty of ₹9,560/- imposed is hereby cancelled

ITA 931/KOL/2024[2014-15]Status: DisposedITAT Kolkata17 Oct 2024AY 2014-15

Bench: Shri Rajpal Yadav & Shri Rakesh Mishraassessment Year: 2014-15

For Appellant: Anil Kochar, AdvocateFor Respondent: Subhendu Datta, CIT DR
Section 143(3)Section 250Section 271(1)(c)Section 274

u/s 271(1)(c) of the Act was passed on 28.06.2017 levying a penalty of Rs. 9,560/- against the assessee for furnishing inaccurate particulars of income at the minimum rate of 100% of the tax sought to be evaded on the aforesaid addition of Rs. 30,927/-. Aggrieved by the said penalty order, the assessee filed the appeal before

EQUITABLE MARKETING ASSOCIATION,KOLKATA vs. ACIT, CIR-30, KOLKATA. , KOLKATA

The appeal of the assessee is treated as allowed for statistical purposes

ITA 1226/KOL/2023[2015-16]Status: DisposedITAT Kolkata07 Aug 2024AY 2015-16

Bench: Shri Sanjay Garg & Rajesh Kumari.T.A No.1226/Kol/2023 Assessment Year: 2015-16 Equitable Marketing Association…………………… ........................……Appellant 82, Baburam Ghosh Road, Tollygunge, Kolkata – 700040. [Pan: Aaaae0345D] Vs. Acit, Circle-30, Kolkata…...................…................…........……...…..…..Respondent Appearances By: Shri S. S. Gupta, Ar, Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 10, 2024 Date Of Pronouncing The Order : August 07, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 22.09.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. That The Order Passed By The Ld. Assessing Officer U/S 143(3) Is Arbitrary, Bad In Law & Facts & The Ld. Cit(A), Erred In Confirming The Same In Part. 2. That The Ld. A.O Erred In Making An Addition Of Rs.1,36,67,806/- By Invoking Sec. 50C Of The Income Tax Act, 1961 & The Ld. Cit(A) Erred In Confirming The Same In As Much As In View Of The Facts & Circumstances Of The Case No Such Addition U/S 50C Was At All Called For.

Section 143(3)Section 2(14)Section 234BSection 234DSection 250Section 271(1)(c)Section 50CSection 54D

Long Term Capital Gain at Rs.47,83,928/-, in as much as in view of the facts and circumstances of the case, such computation has resulted in double taxation to the tune of Rs. 47,83,928/-, 5. That the Ld. AO erred in law as well as in facts in levying/charging interest U/s 234B at Rs.15

SWETA CHIRIMAR,KOLKATA vs. DCIT, CIRCLE - 29(1), KOLKATA

In the result, the appeal of the assessee is allowed

ITA 619/KOL/2024[2012-13]Status: DisposedITAT Kolkata15 Oct 2024AY 2012-13

Bench: Shri Sanjay Garg, Jm &Shri Rajesh Kumar, Am]

Section 10(38)Section 139(1)Section 143(1)Section 143(3)Section 148Section 271(1)(c)Section 275Section 275(1)(c)Section 68

Long Term Capital Gain (LTCG) on sale of shares of Rs.6,70,139/- as exempt u/s. 10(38) of the Act which was withdrawn during the course of assessment proceedings and consequently, the sale consideration of the shares of Rs.7,20,139/- was treated as unexplained cash credit u/s. 68 of the Act in the assessment framed

VIRENDRA KUMAR SURANA HUF,KOLKATA vs. ITO, KOLKATA

In the result, appeal of the assessee is allowed

ITA 364/KOL/2023[2012-13]Status: DisposedITAT Kolkata21 Aug 2023AY 2012-13

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2012-13 Virendra Kumar Surana, Huf Income-Tax Officer, Ward- 4A, Pollock Street, Swaika 36(1), Kolkata. Vs. Centre, 3Rd Floor, R. No. 308, Kolkata-700001. (Pan: Aabhv3803K) (Appellant) (Respondent)

For Appellant: Shri Miraj D. Shah, AdvocateFor Respondent: Shri P. P. Barman, Addl. CIT (Sr.DR)
Section 10(38)Section 143(1)Section 147Section 148Section 271(1)(c)Section 274

penalty of Rs.1,25,107/- u/s. 271(1)(c) of the Act. 3. Brief facts of the case are that assessee filed its return of income on 21.06.2012, reporting total income of Rs.2,45,500/- which was 2 Virendra Kumar Surana, HUF, AY 2012-13 processed u/s. 143(1) of the Act. Subsequently, case of the assessee was taken

CHANDRAVADAN DESAI,KOLKATA vs. ITO, WARD-7(2), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed as per terms indicated above

ITA 674/KOL/2023[2014-15]Status: DisposedITAT Kolkata17 Apr 2024AY 2014-15

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 674/Kol/2023 Assessment Year: 2014-15 Chandravadan Desai Income Tax Officer, Ward-7(2), Sb Tower, 3Rd Floor Vs Kolkata 37, Shakespeare Sarani Circus Avenue S.O. Kolkata - 700017 [Pan : Aabdh5812Q] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Akkal Dudhewala, A.R. Revenue By : Shri Abhijit Kundu, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 06/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 17/04/2024 आदेश/O R D E R Per Dr. Manish Borad: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi (In Short ‘Ld. First Appellate Authority’) Dt. 09/05/2023 Which Is Arising Out Of The Assessment Order U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter ‘The Act’), Dt. 30/12/2016 Relevant To Assessment Year 2014-15 Framed By Acit, Circle-32, Kolkata. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That On The Facts & In The Circumstances Of The Case, The Lower Authorities Inspite Of Being Aware That Chandravadan Desai Huf Had Been Partitioned & Had Ceased To Exist Upon Its Partition On The 26Th Day Of March 2014 & The Impugned Penalty Order Passed By The Ao In The Name Of Chandravadan Desai Huf, A Non-Existent Person Was Invalid & Therefore The Order Deserves To Be Cancelled.

For Appellant: Shri Akkal Dudhewala, A.RFor Respondent: Shri Abhijit Kundu, CIT, D/R
Section 143(2)Section 143(3)Section 271(1)(c)

long term capital gain earned from sale of other equity shares during the year prior to dissolution. Though it was admitted by the assessee that it is an inadvertent mistake committed by the accountant but ld. Assessing Officer after disallowing the said claim also initiated the penalty proceedings u/s 271

KUSUM TATER,MUMBAI vs. ITO - 47(2), KOLKATA

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

ITA 1297/KOL/2023[2014-15]Status: DisposedITAT Kolkata06 Mar 2025AY 2014-15

Bench: Shri Duvvuru Rl Reddy(Kz) & Shri Rakesh Mishra

Section 10(38)Section 143(3)Section 250Section 271Section 68

penalty u/s. 271(l)(c) of the IT Act 1961 and the reason assigned for doing so are wrong and contrary to the Provisions of Income Tax Act and Rides made there under. 6. Your Appellant crave, leave to add, alter, amend or modify any or all grounds of appeal on or before the date of hearing.” 3. Brief facts

TATA CONSUMER PRODUCTS LIMITED,KOLKATA vs. DCIT, CIR.-4(1), KOLKATA

In the result, the appeal for AY 2014-15 is partly allowed

ITA 372/KOL/2021[2014-15]Status: DisposedITAT Kolkata17 Sept 2024AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Years: 2014-15 & Assessment Years: 2015-16

For Appellant: Sriram Sashdari, ARFor Respondent: Rakesh Kumar Das, CIT, DR
Section 250Section 43(6)Section 50CSection 50C(2)Section 928

Penalty proceeding u/s.271(1)(c) of the Income Tax Act, 1961 is initi- ated for furnishing inaccurate particulars of income. [Addition: 1,44,77,042/-] Tata Consumer Products Ltd. {erstwhile Tata Global Beverages Ltd.} AYs: 2014-15 & 2015-16 6.1 The Ld. TPO had proposed the adjustment at 200 bps after detailed analysis of the Transfer Pricing Study Report filed

TATA CONSUMER PRODUCTS LIMITED,KOLKATA vs. DCIT, CIR.-4(1), KOLKATA

In the result, the appeal for AY 2014-15 is partly allowed

ITA 373/KOL/2021[2015-16]Status: DisposedITAT Kolkata17 Sept 2024AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Years: 2014-15 & Assessment Years: 2015-16

For Appellant: Sriram Sashdari, ARFor Respondent: Rakesh Kumar Das, CIT, DR
Section 250Section 43(6)Section 50CSection 50C(2)Section 928

Penalty proceeding u/s.271(1)(c) of the Income Tax Act, 1961 is initi- ated for furnishing inaccurate particulars of income. [Addition: 1,44,77,042/-] Tata Consumer Products Ltd. {erstwhile Tata Global Beverages Ltd.} AYs: 2014-15 & 2015-16 6.1 The Ld. TPO had proposed the adjustment at 200 bps after detailed analysis of the Transfer Pricing Study Report filed

SHRI SANTANU SANYAL,KOLKATA vs. ACIT, CIR. 2(1), KOLKATA

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

ITA 41/KOL/2024[2016-17]Status: DisposedITAT Kolkata23 Jul 2024AY 2016-17

Bench: Dr. Manish Borad & Pradip Kumar Choubey

Section 144Section 250

long terms capital gains of Rs. 2,30,238/- from of sale of equity share and equity-oriented fund, while giving effect to the Impugned Order. Page 3 of 12 I.T.A. No.: 41/KOL/2024 Assessment Year: 2016-17 Shri Santanu Sanyal. 9. That the Ld. AO erred on facts and in law in not granting exemption under Section

NAVANSH VINIMAY PVT. LTD.,KOLKATA vs. I.T.O., WARD - 8(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is dismissed

ITA 724/KOL/2022[2012-2013]Status: DisposedITAT Kolkata30 May 2025AY 2012-2013

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 142(1)Section 143Section 143(2)Section 143(3)Section 147Section 148Section 151Section 250

Long Term Capital Gains. The Exit Providers were not able to provide any logical explanation of the source of funds they have invested in the scrip when they purchased the I.T.A. No.: 724/KOL/2022 Assessment Year: 2012-13 Navansh Vinimay Pvt. Ltd. scrip when the price was at its peak. They also clearly mentioned that the trades were not done

AJIT KUMAR PATNI,KOLKATA vs. ITO,WARD-28(1),KOLKATA, KOLKATA

In the result, both the appeals of the assessee are dismissed

ITA 705/KOL/2023[2013-14]Status: DisposedITAT Kolkata25 Jan 2024AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Girish Agrawal]

Section 10(38)Section 142(1)Section 143(2)Section 148Section 234Section 234BSection 234CSection 271(1)(C)Section 68

penalty proceeding u/s 271(1)(C). 4. For that in view and circumstances of the case the ld. CIT(Appeal) NFAC has erred on facts and in law in confirming the addition of Rs. 7032/- towards commission notionally which was not incurred by the appellant. 5. The appellant craves the right to put additional grounds and/or amend/alter/modify

AJIT KUMAR PATNI,KOLKATA vs. IT0, WD-28(1),KOLKATA, KOLKATA

In the result, both the appeals of the assessee are dismissed

ITA 704/KOL/2023[2011-12]Status: DisposedITAT Kolkata25 Jan 2024AY 2011-12

Bench: Shri Sonjoy Sarma & Shri Girish Agrawal]

Section 10(38)Section 142(1)Section 143(2)Section 148Section 234Section 234BSection 234CSection 271(1)(C)Section 68

penalty proceeding u/s 271(1)(C). 4. For that in view and circumstances of the case the ld. CIT(Appeal) NFAC has erred on facts and in law in confirming the addition of Rs. 7032/- towards commission notionally which was not incurred by the appellant. 5. The appellant craves the right to put additional grounds and/or amend/alter/modify

ORIENTAL RELAYS LLP (SUCCESSOR TO ORIENTAL RELAYS PVT. LTD.),KOLKATA vs. A.C.I.T., CIRCLE - 8(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1574/KOL/2024[2016-2017]Status: DisposedITAT Kolkata29 Jul 2025AY 2016-2017

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Oriental Relays Llp Pan No. Aahfo5108L Acit, Circle 8(2), (Successor To Oriental Relays Aaykar Bhavan, P7, Pvt. Ltd Pan No. Aaaco3456H) Chowringhee Square, Vs. 2Nd Floor, S.B. Tower, 37 Kolkata-700069, West Bengal Shakespeare Sarani, Kolkata-700017, West Bengal (Respondent) (Appellant)

For Appellant: Shri Shreya Loyalka, ARFor Respondent: Shri Manoj Kumar Pati, DR
Section 143(3)Section 271Section 271(1)(c)Section 274

penalty by the ld. CIT (A) as imposed by the ld. AO u/s 271(1)(c) of the Act, on the basis of invalid notice issued u/s 274 read with section 271(1)(c) of the Act. 03. The facts in brief are that the assessment u/s 143(3) of the Income- tax Act, 1961 (the Act) dated

CHETAN KUMAR TEKRIWAL (HUF),HOWRAH vs. I.T.O., WARD - 46(3), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

ITA 705/KOL/2022[2015-2016]Status: DisposedITAT Kolkata30 Nov 2023AY 2015-2016

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 133ASection 143(3)Section 271(1)Section 271(1)(c)Section 68

long term capital gain from the sale of penny stock of CCL International Ltd. The assessee offered sum as income from other source and accordingly assessment was completed in the assessment proceedings. The AO noted that considering these facts Rs. 52,51,973/- was constituted as unexplained cash credit u/s 68 of the Act by ignoring the fact that

JITENDRA KUMAR JAIN(HUF),KOLKATA vs. ITO, WARD-43(3), KOLKATA

In the result, appeal of the assessee is allowed

ITA 22/KOL/2024[2012-13]Status: DisposedITAT Kolkata24 Jul 2024AY 2012-13

Bench: the start of the appellate proceedings or in course of appellate proceedings.”

Section 143(1)Section 143(3)Section 147Section 250Section 271(1)(c)

long term capital gain claimed by the assessee is a bogus. He stated that the Ld. AO issued show cause notice and assessee withdraw its claim which is in order to avoid further litigation with the department. He stated that the instant addition is only on the admission of the assessee that it withdrew its claim. Nowhere it has been

MUKLESUR RAHAMAN,KOLKATA vs. ACIT, CIR.-61, , KOLKATA

In the result, appeal of the assessee is allowed

ITA 39/KOL/2024[2015-16]Status: DisposedITAT Kolkata19 Mar 2024AY 2015-16

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2015-16 Muklesur Rahaman Sarkar Assistant Commissioner Of C/O Subash Agarwal & Income Tax, Circle 61, Associates, Advocates, Siddha Vs. Kolkata. Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata-700069. (Pan: Atpps0434C) (Appellant) (Respondent)

For Appellant: Shri Siddharth Agarwal, AdvocateFor Respondent: Shri Rakeshb Kumar Das, CIT, DR
Section 143(3)Section 271(1)(c)Section 274Section 56(2)(vii)

long term capital gain and addition made u/s. 56(2)(vii)(b) of the Act. Ld. CIT(A) confirmed the penalty so imposed. 4. Before us, Ld. Counsel for the assessee asserted that the notice issued u/s. 274 read with section 271