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13 results for “penalty u/s 271”+ Section 163clear

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Key Topics

Section 271(1)(c)20Section 25013Penalty11Section 143(3)9Section 271B6Section 1476Section 271A6Section 14A5Section 271D4

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

163 taxmann.com 449 (Calcutta) where the facts were that after search and seizure operations assessee declared certain undisclosed income which was added to the income disclosed in returns filed in response to notice issued under section 153A and the assessment orders were followed by notices under section 271(1)(c) read with section 274 and after considering assessee’s submissions

Addition to Income4
Transfer Pricing3
Disallowance3

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

163 taxmann.com 449 (Calcutta) where the facts were that after search and seizure operations assessee declared certain undisclosed income which was added to the income disclosed in returns filed in response to notice issued under section 153A and the assessment orders were followed by notices under section 271(1)(c) read with section 274 and after considering assessee’s submissions

AMITABHA SANYAL,KOLKATA vs. ITO, WARD-58(4), KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed and the penalty levied is hereby deleted

ITA 359/KOL/2022[2011-2012]Status: DisposedITAT Kolkata05 Nov 2024AY 2011-2012

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishraassessment Years: 2011-12 Amitabha Sanyal, Income Tax Officer, 108B, Block-F, New Alipore, Ward – 58(4), Kolkata, Kolkata – 700053 Vs Aayakar Bhawan, (Pan: Aleps2352J) Bamboo Villa, 169, A.J.C. Bose Road, Kolkata - 700014 (Appellant) (Respondent)

For Appellant: Shri Amitabha Sanyal, AssesseeFor Respondent: Shri P.P. Barman, CIT, Sr. DR
Section 139(1)Section 148Section 250Section 254(2)Section 271Section 271(1)(c)Section 275

163 taxmann.com 449 (Calcutta) have held in Para 39 that when the Assessing Officer had recorded in the assessment order the particulars of concealed income/undisclosed income of the assessee and on that basis initiated penalty proceeding under section 271(1)(c) then consequential notice under section 274 issued by Assessing Officer to the assessee to afford him opportunity of hearing

BAGARIA LEASING PVT. LTD.,KOLKATA vs. ITO, WARD-1(1), KOLKATA

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 442/KOL/2024[2008-09]Status: DisposedITAT Kolkata29 Nov 2024AY 2008-09

Bench: Sonjoy Sarma & Sri Rakesh Mishra

Section 143(3)Section 250Section 263Section 271(1)(c)

u/s 271(1)(c) of the Act was imposed at Rs. 2,84,15,638/- vide order dated 14.02.2019. The assessee filed an appeal before the Ld. CIT(A) who issued several notices from 02.02.2021 to 15.06.2021 and Page 2 of 8 I.T.A. Nos.: 441 & 442/KOL/2024 Assessment Years: 2007-08 & 2008-09 Bagaria Leasing Pvt. Ltd. dismissed the appeal

BAGARIA LEASING PVT. LTD.,KOLKATA vs. ITO, WARD-1(1), KOLKATA

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 441/KOL/2024[2007-08]Status: DisposedITAT Kolkata29 Nov 2024AY 2007-08

Bench: Sonjoy Sarma & Sri Rakesh Mishra

Section 143(3)Section 250Section 263Section 271(1)(c)

u/s 271(1)(c) of the Act was imposed at Rs. 2,84,15,638/- vide order dated 14.02.2019. The assessee filed an appeal before the Ld. CIT(A) who issued several notices from 02.02.2021 to 15.06.2021 and Page 2 of 8 I.T.A. Nos.: 441 & 442/KOL/2024 Assessment Years: 2007-08 & 2008-09 Bagaria Leasing Pvt. Ltd. dismissed the appeal

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

section 271(1)(c) of the Act were also initiated by the Ld. AO for furnishing inaccurate particulars of income and penalty show cause notice was issued to the appellant. Consequently, penalty order 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

DIPIKA DE,KOLKATA vs. ITO, WARD 24(1), , KOLKATA

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

ITA 906/KOL/2025[2014-2015]Status: DisposedITAT Kolkata07 Jul 2025AY 2014-2015

Bench: The Ld.Ao.

Section 250Section 271(1)(c)Section 274Section 69

section 271(1)(c) is bad in law and liable to be quashed. 2. For that the Ld. CIT(A) ought to have considered that the Ld. A.O was not justified in ignoring the well settled legal position that the assessment and penalty proceedings are independent in nature. 3. For that the Ld. CIT(A) ought to have considered that

TARAI TRANSPORT CORPORATION,SILIGURI vs. JCIT, RANGE-1, SILIGURI

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

ITA 273/KOL/2024[2016-17]Status: DisposedITAT Kolkata05 Jun 2024AY 2016-17

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 143(3)Section 250Section 269SSection 271Section 271D

271 I) in similar circumstances by making his own assumptions about the order of the Ld. Tribunal and not by relying on the facts. 5. That the Ld. CIT (Appeals) has erred while completely ignoring the decision given by the Hon'ble Calcutta High Court in the case of the appellant while confirming the penalty order u/s 2711). 6. That

INCOME TAX OFFICER, WARD-11(1), KOLKATA, AAYAKAR BHAWAN, CHOWRINGHEE SQUARE, KOLKATA vs. POSITIVE DEVCON PVT. LTD., SONARPUR

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

ITA 1123/KOL/2023[2011-12]Status: DisposedITAT Kolkata26 Feb 2025AY 2011-12

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

Section 114Section 143(3)Section 250Section 263Section 271(1)(c)

section 271(1)(c) are attracted. • Further, it is not clear whether the penalty is for furnishing of inaccurate particulars or concealment of income. • Thus, according to him, the Ld. AO has simply levied huge penalty on the ground that no further appeal has been filed. No effort has been made to make out a case for levying penalty u/s

POONAM MOHTA,KOLKATA vs. ACIT, C.C-1(1), KOLKATA, KOLKATA

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

ITA 1239/KOL/2023[2015-16]Status: DisposedITAT Kolkata20 Feb 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 250Section 271A

163 taxmann.com 449 (Calcutta) where the facts were that for Assessment year 2006-07 and 2007-08 after search and seizure operations assessee declared certain undisclosed income which was added to income disclosed income which was added to income disclosed in returns filed in response to notice issued under section 153A. The Assessment orders were followed by notices under section

M/S TATA GLOBAL BEVERAGES LIMITED,KOLKATA vs. THE DCIT, CIRCLE-4(2), KOLKATA, KOLKATA

In the result, the appeals filed by the assessee for AY 2012-

ITA 1854/KOL/2016[2012-13]Status: DisposedITAT Kolkata13 Feb 2023AY 2012-13

Bench: Dr. Manish Borad & Sonjoy Sarma

Section 143(3)Section 14ASection 92B

penalty under section 271(1)(c) of the Act mechanically and without recording any satisfaction for its initiation. The above grounds are without prejudice to each other. The Appellant craves leave to alter, amend or withdraw all or any of the grounds herein or add any further grounds as may be considered necessary either before or during the hearing.” Additional

M/S TATA GLOBAL BEVERAGES LIMITED,KOLKATA vs. THE DCIT, CIRCLE-4(2), KOLKATA, KOLKATA

In the result, the appeals filed by the assessee for AY 2012-

ITA 1899/KOL/2017[2013-14]Status: DisposedITAT Kolkata13 Feb 2023AY 2013-14

Bench: Dr. Manish Borad & Sonjoy Sarma

Section 143(3)Section 14ASection 92B

penalty under section 271(1)(c) of the Act mechanically and without recording any satisfaction for its initiation. The above grounds are without prejudice to each other. The Appellant craves leave to alter, amend or withdraw all or any of the grounds herein or add any further grounds as may be considered necessary either before or during the hearing.” Additional

ACIT, CC- 3(4), KOLKATA , KOLKATA vs. M/S. HIMATSINGKA SEIDE LIMITED , BANGALORE

In the result, appeal of the assessee in IT(SS)A No

ITA 785/KOL/2018[2008-09]Status: DisposedITAT Kolkata15 Mar 2024AY 2008-09

Bench: Shri Sanjay Garg & Shri Girish Agrawalit(Ss)A No.17/Kol/2018 Assessment Year: 2008-09 Himatsingka Seide Ltd. Deputy Commissioner Of 10/24, Kumara Krupa Road, High Vs. Income Tax, Central Circle- Grounds, Bangalore-560001. Xvi, Kolkata. (Pan: Aaach3507N) (Appellant) (Respondent) & It(Ss)A No.20/Kol/2018 Assessment Year: 2008-09 Assistant Commissioner Of Himatsingka Seide Ltd. Vs. Income-Tax, Central Circle-3(4), Kolkata. (Appellant) (Respondent) & Assessment Year: 2008-09 Assistant Commissioner Of Himatsingka Seide Ltd. Vs. Income-Tax, Central Circle-3(4), Kolkata. (Appellant) (Respondent)

For Appellant: Shri Nageswar Rao, Sr. AdvocateFor Respondent: Shri Abhijit Kundu, CIT, DR
Section 143(3)Section 14ASection 153ASection 271Section 92C

penalty proceedings u/s 271 (1 )(c) of the Act. The Appellant submits that each of the above grounds is independent and without prejudice to one another. The Appellant craves leave to add, alter, amend, vary, omit or substitute any of the aforesaid grounds of appeal at any time before or at the time of hearing of the appeal