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136 results for “penalty u/s 271”+ Section 156clear

Sorted by relevance

Delhi438Mumbai224Jaipur169Bangalore157Kolkata136Karnataka102Raipur87Ahmedabad76Chennai66Indore44Pune42Calcutta34Cochin27Ranchi27Visakhapatnam24Lucknow19Hyderabad16Kerala14Cuttack12Panaji11Rajkot10Chandigarh10Patna9Surat9Allahabad8Agra5Amritsar5Guwahati3Dehradun2Rajasthan1Gauhati1Telangana1SC1Jodhpur1

Key Topics

Section 271(1)(c)260Section 274231Penalty83Section 153A68Addition to Income55Section 27152Section 143(3)52Section 271(1)51Section 132(4)

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)

156 of the Act and penalty notice under section 274 read with section 271(1)(C) of the Act along with the draft assessment order section 274 read with section 271(1)(C) of the Act along with the draft assessment order section 274 read with section 271(1)(C) of the Act along with the draft assessment order dated

A.C.I.T.,CIRCLE-33, KOLKATA vs. SRI BIR SINGH ATWAL, L/R OF LATE NARINDER SINGH ATWAL, , KOLKATA

Showing 1–20 of 136 · Page 1 of 7

34
Section 13227
Search & Seizure25
Undisclosed Income16

In the result, appeal of the In the result, appeal of the revenue is dismissed

ITA 1090/KOL/2019[2011-12]Status: DisposedITAT Kolkata08 Nov 2019AY 2011-12
Section 250Section 271(1)(c)Section 274

156, has held that levy of penalty has to be clear as to levy of penalty has to be clear as to the limb for which it is levied and the the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the position being unclear penalty is not sustainable. Therefore, when

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)

u/s. 274 of the Act should specifically state as to whether penalty is being proposed or to be imposed for concealment of particulars of income or for furnishing inaccurate particulars of income. The Hon’ble High court has further laid down that certain printed form where all the grounds given in section 271 are given would not satisfy the requirement

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)

u/s. 274 of the Act should specifically state as to whether penalty is being proposed or to be imposed for concealment of particulars of income or for furnishing inaccurate particulars of income. The Hon’ble High court has further laid down that certain printed form where all the grounds given in section 271 are given would not satisfy the requirement

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)

u/s. 274 of the Act should specifically state as to whether penalty is being proposed or to be imposed for concealment of particulars of income or for furnishing inaccurate particulars of income. The Hon’ble High court has further laid down that certain printed form where all the grounds given in section 271 are given would not satisfy the requirement

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)

u/s. 274 of the Act should specifically state as to whether penalty is being proposed or to be imposed for concealment of particulars of income or for furnishing inaccurate particulars of income. The Hon’ble High court has further laid down that certain printed form where all the grounds given in section 271 are given would not satisfy the requirement

D.C.I.T., CC-4(4), KOLKATA, KOLKATA vs. EVERSIGHT TRADECOMM PVT. LTD., KOLKATA

In the result, all the three appeals filed by the revenue are dismissed and copy of common order passed is to be placed on respective case files

ITA 589/KOL/2022[2014-2015]Status: DisposedITAT Kolkata19 Jan 2023AY 2014-2015

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

Section 133ASection 139(1)Section 139(2)Section 142(1)Section 147Section 22(1)Section 22(4)Section 271(1)(c)Section 274

156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the Assessing Officer proposes to invoke the first limb being concealment, then the notice has to be appropriately marked. Similar is the case for furnishing

D.C.I.T., CC-4(4), KOLKATA, KOLKATA vs. EVERSIGHT TRADE COMM PVT. LTD., KOLKATA

In the result, all the three appeals filed by the revenue are dismissed and copy of common order passed is to be placed on respective case files

ITA 587/KOL/2022[2008-2009]Status: DisposedITAT Kolkata19 Jan 2023AY 2008-2009

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

Section 133ASection 139(1)Section 139(2)Section 142(1)Section 147Section 22(1)Section 22(4)Section 271(1)(c)Section 274

156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the Assessing Officer proposes to invoke the first limb being concealment, then the notice has to be appropriately marked. Similar is the case for furnishing

D.C.I.T., CC-4(4), KOLKATA, KOLKATA vs. EVERSIGHT TRADE COMM PVT. LTD., KOLKATA

In the result, all the three appeals filed by the revenue are dismissed and copy of common order passed is to be placed on respective case files

ITA 588/KOL/2022[2009-2010]Status: DisposedITAT Kolkata19 Jan 2023AY 2009-2010

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

Section 133ASection 139(1)Section 139(2)Section 142(1)Section 147Section 22(1)Section 22(4)Section 271(1)(c)Section 274

156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the Assessing Officer proposes to invoke the first limb being concealment, then the notice has to be appropriately marked. Similar is the case for furnishing

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

u/s. 274 of the Act should specifically state as to whether penalty is being proposed to be imposed for concealment of particulars of income or for furnishing inaccurate particulars of income. The Hon’ble High court has further laid down that certain printed form where all the grounds given in section 271 are given would not satisfy the requirement

REENA MITRA,KOLKATA vs. I.T.O WD - 29(2),KOLKATA, KOLKATA

In the result, the appeal by the assessee is allowed

ITA 1799/KOL/2013[2006-07]Status: DisposedITAT Kolkata20 Jan 2016AY 2006-07

Bench: Shri Mahavir Singh & Shri Waseem Ahmedassessment Year :2006-07

Section 143(3)Section 271Section 271(1)(C)Section 271(1)(c)Section 274

u/s 271(1)(c) of the Act in the case on hand for Assessment Years 2007-08 to 2009-10.” 6. The ld. DR opposed the prayer for adjudication of additional ground raised by the assessee on the ground that the same was not raised either before the AO or the CIT(Appeals). 7. We have considered the rival submissions

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. 274 of the Act should specifically state as to whether penalty is being proposed to be imposed for concealment of particulars of income or for furnishing inaccurate particulars of income. The Hon’ble High court has further laid down that certain printed form where all the grounds given in section 271 are given would not satisfy the requirement

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. 274 of the Act should specifically state as to whether penalty is being proposed to be imposed for concealment of particulars of income or for furnishing inaccurate particulars of income. The Hon’ble High court has further laid down that certain printed form where all the grounds given in section 271 are given would not satisfy the requirement

SHRI RAVI BADALIA,KOLKATA vs. A.C.I.T.-CC-XXVII, KOLKATA, KOLKATA

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

ITA 2846/KOL/2013[2006-2007]Status: DisposedITAT Kolkata02 Sept 2016AY 2006-2007

Bench: Shri P.M. Jagtap & Shri N.V. Vasudevan

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

u/s. 274 of the Act should specifically state as to whether penalty is being proposed to be imposed for concealment of particulars of income or for furnishing inaccurate particulars of income. The Hon’ble High court has further laid down that certain printed form where all the grounds given in section 271 are given would not satisfy the requirement

JAIN INFRA PROJECTS LTD.(SINCE TAKEN OVER BANGAL CONSTRUCTION CO.),KOLKATA vs. ACIT, CC-IV, KOLKATA, KOLKATA

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

ITA 1234/KOL/2011[2006-07]Status: DisposedITAT Kolkata23 Mar 2016AY 2006-07

Bench: : Shri N.V.Vasudevan & Shri M. Balaganesh

For Appellant: Shri Amit Kumar, ACA, ld.ARFor Respondent: Shri Rajat Kumar Kureel, JCIT, ld.Sr.DR
Section 132(1)Section 132(4)Section 153ASection 271(1)

u/s. 274 of the Act should specifically state as to whether penalty is being proposed to be imposed for concealment of particulars of income or for furnishing inaccurate particulars of income. The Hon’ble High court has further laid down that certain printed form where all the grounds given in section 271 are given would not satisfy the requirement

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

156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the Assessing Officer proposes to invoke the first limb being concealment, then the notice has to be appropriately marked. Similar is the case for furnishing inaccurate particulars of income

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

156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the Assessing Officer proposes to invoke the first limb being concealment, then the notice has to be appropriately marked. Similar is the case for furnishing inaccurate particulars of income

ACIT, CENTRAL CIRCLE-2(3), KOLKATA, KOLKATA vs. M/S KWALITY LTD., NEW DELHI

In the result, Revenue’s appeal stands dismissed

ITA 150/KOL/2017[2011-2012]Status: DisposedITAT Kolkata04 Apr 2018AY 2011-2012

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2011-12 Acit, Central Circle- V/S. M/S Kwality Ltd. 2(3), Room No. 403, 4Th F-82, Shivaji Place, Floor, Aayakar Bhawan, Rajouri Garden, New Poorva, 110, Shanti Delhi-100 027 Pally, E.M. Bye-Pas, [Pan No.Aabck 1289 R] Kolkata-107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri G. Hangshing, Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri A.K. Tibrewal, Fca ""यथ" क" ओर से/By Respondent 28-02-2018 सुनवाई क" तार"ख/Date Of Hearing 04-04-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-20 Dated 08.11.2016. Penalty Levied By Assessing Officer U/S 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 29.09.2015 For Assessment Year 2011-12. The Revenue Has Raised Following Ground:- “(I) That, Under The Facts & Circumstances Of The Case & In View Of The Distinction Of Facts Of The Instant Case (Discussed Elaborately In Respect To He Statement Of Facts) That The Of The Case Law Relied Upon In Deciding The Case In Favour Of The Assessee, The Ld. Cit(A) Erred In Allowing Relief To The Assessee. (Ii) That The Appellant Craves Leave To Add, Alter Or Amend Any Ground Or Grounds Of Appeal Before Or At The Time Of Hearing.”

Section 132Section 139Section 153ASection 271Section 271(1)(c)Section 274

u/s. 274 of the Act should specifically state as to whether penalty is being proposed to be imposed for concealment of particulars of income or for furnishing inaccurate particulars of income. The Hon’ble High court has further laid down that certain printed form where all the grounds given in section 271 are given would not satisfy the requirement

D.C.I.T CC - VII,KOLKATA, KOLKATA vs. SRI SHYAM SUNDER DHANUKA, KOLKATA

In the result, both the appeal of Revenue stand dismissed

ITA 1869/KOL/2013[2006-07]Status: DisposedITAT Kolkata20 Jul 2016AY 2006-07

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

Section 131Section 139Section 153ASection 153CSection 153C(1)Section 271(1)(c)

u/s. 274 of the Act should specifically state as to whether penalty is being proposed to be imposed for concealment of particulars of income or for furnishing inaccurate particulars of income. The Hon’ble High court has further laid down that certain printed form where all the grounds given in section 271 are given would not satisfy the requirement

ACIT, CENTRAL CIRCLE-2(3), KOLKATA, KOLKATA vs. M/S BASANTI PROPERTIES PVT. LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

ITA 151/KOL/2017[2013-14]Status: DisposedITAT Kolkata04 Apr 2018AY 2013-14

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2013-14 Acit, Central Circle- V/S. M/S Basanti Properties 2(3), Roomno403, 4Th Pvt. Ltd., 107/1, Park Floor, Aayakar Bhawan Street, Kolkata-16 Poorva,110, Shanti [Pan No.Aabcb 0344 E] Pally, E.M. Bye-Pass, Kolkata-107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri G. Hangshing, Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri A.K. Tibrewal, Fca ""यथ" क" ओर से/By Respondent 28-02-2018 सुनवाई क" तार"ख/Date Of Hearing 04-04-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-20, Kolkata Dated 08.11.2016. Penalty Imposed By Assessing Officer U/S 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 29.09.2014 For Assessment Year 2013-14. Shri G. Hangshing, Ld. Departmental Representative Appeared On Behalf Of Revenue & Shri A.K. Tibrewal, Ld. Authorized Representative Appeared On Behalf Of Assessee. 2. Sole Issue Raised By The Revenue In This Appeal Is That Ld. Cit(A) Erred In Deleting The Penalty Levied By The Assessing Officer U/S 271(1)(C) Of The Act.

Section 133ASection 271Section 271(1)(c)Section 274

u/s. 274 of the Act should specifically state as to whether penalty is being proposed to be imposed for concealment of particulars of income or for furnishing inaccurate particulars of income. The Hon’ble High court has further laid down that certain printed form where all the grounds given in section 271 are given would not satisfy the requirement