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161 results for “penalty u/s 271”+ Section 153Aclear

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Key Topics

Section 153A181Section 271(1)(c)142Section 271(1)(b)96Penalty92Section 142(1)78Section 271A71Section 13269Section 132(4)58Section 27458

ACIT, CIRCLE-2(3), KOLKATA, KOLKATA vs. LATE BAIJNATH AGARWAL, KOLKATA

In the result, appeal of revenue as well as the Cross Objection of assessee is dismissed

ITA 477/KOL/2017[2014-15]Status: DisposedITAT Kolkata23 Jan 2019AY 2014-15

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

Section 132Section 143(3)Section 271Section 271(1)(c)Section 271A

153A proceedings was initiated against the assessee. In this regard it is pertinent here to note that there was no search against the assessee though the search & Seizure operation was conducted against M/s. Rupa group. Also we note that no statement of the assessee an individual was recorded u/s. 132(4) of the Act or of any of his sons

DCIT, C.C.XXVII, KOLKATA, KOLKATA vs. M/S. PRATAP PROPERTIES LTD., KOLKATA

Showing 1–20 of 161 · Page 1 of 9

...
Addition to Income51
Undisclosed Income35
Search & Seizure30

Accordingly, the grounds raised by the revenue for all the assessment years are dismissed

ITA 1386/KOL/2010[2005-06]Status: DisposedITAT Kolkata10 Feb 2016AY 2005-06

Bench: Hon. Sri Mahavir Singh & Hon. Sri M.Balaganesh

For Appellant: Shri Nongothung Jungio, JCIT, ld.Sr.DRFor Respondent: Shri A.K Tibrewal, FCA, ld.AR
Section 132Section 132(4)Section 139(1)Section 153ASection 153CSection 271(1)

penalty u/s 271(1)(c ) of the Act could be levied ; - the expression ‘to be furnished’ mentioned in Clause 2 of Explanation 5 to Section 271(1)(c ) has to be construed as ‘required to be furnished u/s 153A

DCIT, CC-XVI, KOLKATA, KOLKATA vs. SHRI SATYAM ROY CHOWDHURY, KOLKATA

In the result, all the six appeals of the Revenue are dismissed

ITA 639/KOL/2009[2000-2001]Status: DisposedITAT Kolkata24 Feb 2016AY 2000-2001

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Section 132(4)Section 143(3)Section 153ASection 271(1)(c)

Section 271(1)( c) of the Act and hence entitled for immunity from levy of penalty for all the assessment years under appeal; - the assessee had made voluntary disclosure of Rs. 25,00,000/- for the Asst Year 2005-06 during the course of search assessment proceedings after filing the return u/s 153A

SRI NARENDRA N. THACKER,KOLKATA vs. DCIT, C.C.XXIV, KOLKATA

ITA Nos.1786-

ITA 1786/KOL/2009[2001-02]Status: DisposedITAT Kolkata04 Dec 2015AY 2001-02

Bench: : Shri M. Balaganesh

Section 132Section 132(4)Section 139(1)Section 153ASection 154Section 271(1)

section 271(1)(c ) of the Act and accordingly is entitled for immunity from levy of penalty as the assessee had, made disclosure statement u/s 132(4) of the Act and had disclosed the same in the return filed in response to notice u/s 153A

DCIT,CENT CIR-I ,KOL, KOLKATA vs. DEEPAK CHOUDHURY, KOLKATA

In the result, the appeals of the revenue are dismissed

ITA 1875/KOL/2009[2002-03]Status: DisposedITAT Kolkata13 Nov 2015AY 2002-03

Bench: : Shri Balaganesh & Shri S.S Viswanethra Ravi

Section 132Section 132(4)Section 139(1)Section 153ASection 271(1)

section 271(1)(c ) of the Act and accordingly is entitled for immunity from levy of penalty as the assessee had, made disclosure statement u/s 132(4) of the Act and had disclosed the same in the return filed in response to notice u/s 153A

M/S. DHANSAR ENGINEERING (P) LTD.,DHANBAD vs. ACIT, C.C. - VII, KOLKATA, KOLKATA

In the result, the appeals of assessee are allowed

ITA 921/KOL/2011[2005-06]Status: DisposedITAT Kolkata10 Jun 2016AY 2005-06

Bench: : Shri P.M. Jagtap & Shri S.S.Viswanethra Ravi

For Appellant: Shri Amit Kumar, ACA, Ld.ARFor Respondent: Shri Sridhar Bhattacharya, JCIT, Ld.DR
Section 132Section 132(4)Section 139(1)Section 153ASection 271(1)Section 274

271(l)(c). Further, we would like to draw your land attention to the provision of Sec. 153A(1) (a) of the I.T Act that a return filed in response to the notice u/s 153A of the I.T. Act will be treated as return filed u/s. 139 of the l.T. Act and all provisions of I. T. Act will apply

SRI SASHI BADALIA,KOLKATA vs. A.C.I.T CC - XXVII,KOLKATA., KOLKATA

In the result, appeals filed by assessee are allowed

ITA 445/KOL/2013[2007-08]Status: DisposedITAT Kolkata20 Jan 2016AY 2007-08

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

Section 132Section 132(4)Section 139Section 143(3)Section 153ASection 271(1)Section 271(1)(c)

153A of the Act for an amount of ₹12,71,951/- only. In the assessment order, AO initiated penalty proceedings and issued a notice u/s 274 of the Act stating that you have concealed the particulars of income or furnished inaccurate particulars of such income. Finally the AO imposed penalty in terms of explanation 5A to the section 271

SRI SASHI BADALIA,KOLKATA vs. A.C.I.T CC - XXVII,KOLKATA., KOLKATA

In the result, appeals filed by assessee are allowed

ITA 443/KOL/2013[2005-06]Status: DisposedITAT Kolkata20 Jan 2016AY 2005-06

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

Section 132Section 132(4)Section 139Section 143(3)Section 153ASection 271(1)Section 271(1)(c)

153A of the Act for an amount of ₹12,71,951/- only. In the assessment order, AO initiated penalty proceedings and issued a notice u/s 274 of the Act stating that you have concealed the particulars of income or furnished inaccurate particulars of such income. Finally the AO imposed penalty in terms of explanation 5A to the section 271

SRI SASHI BADALIA,KOLKATA vs. A.C.I.T CC - XXVII,KOLKATA., KOLKATA

In the result, appeals filed by assessee are allowed

ITA 444/KOL/2013[2006-07]Status: DisposedITAT Kolkata20 Jan 2016AY 2006-07

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

Section 132Section 132(4)Section 139Section 143(3)Section 153ASection 271(1)Section 271(1)(c)

153A of the Act for an amount of ₹12,71,951/- only. In the assessment order, AO initiated penalty proceedings and issued a notice u/s 274 of the Act stating that you have concealed the particulars of income or furnished inaccurate particulars of such income. Finally the AO imposed penalty in terms of explanation 5A to the section 271

SRI SASHI BADALIA,KOLKATA vs. A.C.I.T CC - XXVII,KOLKATA., KOLKATA

In the result, appeals filed by assessee are allowed

ITA 446/KOL/2013[2008-2009]Status: DisposedITAT Kolkata20 Jan 2016AY 2008-2009

Bench: Shri Mahavir Singh & Shri Waseem Ahmed

Section 132Section 132(4)Section 139Section 143(3)Section 153ASection 271(1)Section 271(1)(c)

153A of the Act for an amount of ₹12,71,951/- only. In the assessment order, AO initiated penalty proceedings and issued a notice u/s 274 of the Act stating that you have concealed the particulars of income or furnished inaccurate particulars of such income. Finally the AO imposed penalty in terms of explanation 5A to the section 271

AMIT KHEMKA,KOLKATA vs. ITO, WARD - 43(1), KOLKATA

In the result, the appeal is partly allowed

ITA 636/KOL/2024[2012-13]Status: DisposedITAT Kolkata20 Aug 2024AY 2012-13

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

For Appellant: Shri Vikash Kumar Agarwal, FCAFor Respondent: Shri Manoj Kumar Pati, Addl. CIT, Sr. DR
Section 147Section 250Section 271BSection 68

153A and the assessment orders were followed by notices under section 271(1)(c) read with section 274 and after considering assessee’s submissions, the assessing officer levied penalty under section 271(1)(c) but on appeal, the Tribunal cancelled penalty on the ground that the show cause notice under section 274 was defective as it did not spell

AMIT KHEMKA,KOLKATA vs. ITO, WARD - 43(1), KOLKATA

In the result, the appeal is partly allowed

ITA 635/KOL/2024[2012-13]Status: DisposedITAT Kolkata20 Aug 2024AY 2012-13

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

For Appellant: Shri Vikash Kumar Agarwal, FCAFor Respondent: Shri Manoj Kumar Pati, Addl. CIT, Sr. DR
Section 147Section 250Section 271BSection 68

153A and the assessment orders were followed by notices under section 271(1)(c) read with section 274 and after considering assessee’s submissions, the assessing officer levied penalty under section 271(1)(c) but on appeal, the Tribunal cancelled penalty on the ground that the show cause notice under section 274 was defective as it did not spell

ACIT CC-3(2) , KOLKATA vs. SMT. KALAWATI DEVI AGARWAL, BILASPUR

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

ITA 2333/KOL/2019[2015-16]Status: HeardITAT Kolkata06 Sept 2022AY 2015-16

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawal

Section 132Section 132(1)Section 153ASection 153CSection 271A

section are applicable only to those cases where search u/s 132 was initiated and consequently only to those assessments which are completed either u/s 153A r.w.s. 143(3) or are regular assessments u/s 143(3) in such cases. 6. Extracts from the Explanatory Memo to Finance Bill,2012: Penalty on undisclosed income found during the course of search - 271

ACIT CC-3(2),, KOLKATA vs. SRI ARJUN LAL AGARWAL , KOLKATA

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

ITA 2332/KOL/2019[2015-16]Status: DisposedITAT Kolkata06 Sept 2022AY 2015-16

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawal

Section 132Section 132(1)Section 153ASection 153CSection 271A

section are applicable only to those cases where search u/s 132 was initiated and consequently only to those assessments which are completed either u/s 153A r.w.s. 143(3) or are regular assessments u/s 143(3) in such cases. 6. Extracts from the Explanatory Memo to Finance Bill,2012: Penalty on undisclosed income found during the course of search - 271

ACITCC-3(2), KOLKATA vs. SMT. SAVITRI DEVI AGARWAL, BILASPUR

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

ITA 2334/KOL/2019[2015-16]Status: DisposedITAT Kolkata09 Sept 2022AY 2015-16

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

Section 132Section 132(1)Section 153ASection 153CSection 271A

section are applicable only to those cases where search u/s 132 was initiated and consequently only to those assessments which are completed either u/s 153A r.w.s. 143(3) or are regular assessments u/s 143(3) in such cases. 6. Extracts from the Explanatory Memo to Finance Bill,2012: Penalty on undisclosed income found during the course of search - 271

DCIT, CENTRAL CIRCLE - XI, KOLKATA, KOLKATA vs. SHRI HARISH KUMAR SARAWGI, KOLKATA

In the result, the appeals of the assessee are allowed and appeals of the revenue are dismissed

ITA 1496/KOL/2011[2004-05]Status: DisposedITAT Kolkata26 Aug 2016AY 2004-05

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am] I.T.A Nos. 1222 To 1226/Kol/2011 Assessment Years: 2003-04 To 2007-08

For Appellant: Shri D. S. Damle, FCAFor Respondent: Shri Sallong Yaden, Addl. CIT
Section 132Section 132(4)Section 139(1)Section 153ASection 271(1)Section 271(1)(c)Section 271A

Section 271(1)( c) of the Act. It cannot be ignored that returns u/s 153A of the Act could be filed only after issuance of notice u/s 153A of the Act thereon which was admittedly issued only on 3.8.2009 and assessee had immediately filed the returns in response thereto on 31.8.2009. It is not in dispute that the assessee

HARISH KUMAR SARAWGI,KOLKATA vs. DCIT, CENTRAL CIRCLE - XI, KOLKATA, KOLKATA

In the result, the appeals of the assessee are allowed and appeals of the revenue are dismissed

ITA 1222/KOL/2011[2003-04]Status: DisposedITAT Kolkata26 Aug 2016AY 2003-04

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am] I.T.A Nos. 1222 To 1226/Kol/2011 Assessment Years: 2003-04 To 2007-08

For Appellant: Shri D. S. Damle, FCAFor Respondent: Shri Sallong Yaden, Addl. CIT
Section 132Section 132(4)Section 139(1)Section 153ASection 271(1)Section 271(1)(c)Section 271A

Section 271(1)( c) of the Act. It cannot be ignored that returns u/s 153A of the Act could be filed only after issuance of notice u/s 153A of the Act thereon which was admittedly issued only on 3.8.2009 and assessee had immediately filed the returns in response thereto on 31.8.2009. It is not in dispute that the assessee

AMAR NATH SHROFF,KOLKATA vs. DY. COMMISSIONER OF INCOME TAX, KOLKATA

In the result ITA Nos.1797 to 1800/Kol/2009 are allowed while ITA Nos

ITA 1797/KOL/2009[2001-02]Status: DisposedITAT Kolkata02 Mar 2016AY 2001-02

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ]

For Respondent: Shri Anil Kumar Pande, JCIT, Sr.DR
Section 132Section 132(4)Section 139(1)Section 153ASection 271(1)(c)Section 274

u/s 153A of the Act and was therefore entitled to immunity under Explanation 5 to section 271 of the Act. The following were the relevant observations of CIT(A) in this regard : “On a careful examination of the facts of the case it is found that the Appellant/ Applicant has filed a chart showing year-wise details of disclosure

DCIT, C.C. I, KOLKATA, KOLKATA vs. AMARNATH SHROFF, KOLKATA

In the result ITA Nos.1797 to 1800/Kol/2009 are allowed while ITA Nos

ITA 1494/KOL/2010[2001-02]Status: DisposedITAT Kolkata02 Mar 2016AY 2001-02

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ]

For Respondent: Shri Anil Kumar Pande, JCIT, Sr.DR
Section 132Section 132(4)Section 139(1)Section 153ASection 271(1)(c)Section 274

u/s 153A of the Act and was therefore entitled to immunity under Explanation 5 to section 271 of the Act. The following were the relevant observations of CIT(A) in this regard : “On a careful examination of the facts of the case it is found that the Appellant/ Applicant has filed a chart showing year-wise details of disclosure

M/S PRICEWATERHOUSE COOPERS PVT. LTD.,KOLKATA vs. ACIT, CIRCLE-2(2), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed in part

ITA 2298/KOL/2016[2011-2012]Status: DisposedITAT Kolkata29 May 2020AY 2011-2012

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2011-12 M/S. Pricewaterhouse Coopers Private Limited……...............................……………………......Appellant Block-Ep, Plot –Y14 Salt Lake City Sector-V Kolkata – 700 091 [Pan : Aabcp 9181 H] Vs. Deputy Commissioner Of Income Tax (It), Circle-2(1), Kolkata……..........................…....Appellant Appearances By: Shri Kanchun Kaushal, A/R & Shri Bikash Kr. Jain, Ca, Appeared On Behalf Of The Assessee. Shri Vijay Shankar, Cit, D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 25Th, 2020 Date Of Pronouncing The Order : May 29Th, 2020 Order Per J. Sudhakar Reddy, Am :-

Section 144C(13)

271(1)(c) of the Act are illegal notices and are are illegal notices and are void-ab-initio. In the case-law relied upon by the ld. law relied upon by the ld. Counsel, these notices u/s 156 and 274 of the Act, might have been held to be valid Counsel, these notices u/s