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11 results for “penalty u/s 271”+ Section 183clear

Sorted by relevance

Delhi131Mumbai80Raipur52Bangalore25Allahabad23Hyderabad22Indore21Rajkot19Pune18Jaipur17Chandigarh15Chennai12Ahmedabad11Kolkata11Nagpur6Lucknow6Patna6Dehradun4Amritsar2Cuttack2Surat2Visakhapatnam1Varanasi1Ranchi1

Key Topics

Section 14812Section 1478Section 143(2)7Section 271(1)(c)6Addition to Income6Section 2745Section 144B4Section 151A4Section 143(3)

SRINATH BASU ,KOLKATA vs. ITO,WARD-56(4), KOLKATA

In the result, appeal of the assessee is allowed

ITA 306/KOL/2023[2012-13]Status: DisposedITAT Kolkata03 Aug 2023AY 2012-13

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 306/Kol/2023 Assessment Year: 2012-13 Srinath Basu Income Tax Officer, Ward-56(4), Vs Kolkata 26/2, Nayan Chand Dutta Street Kolkata - 700006 [Pan: Aeepb7086F] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sujoy Sen, A/R & Shri Tapas Kr. Majumdar, Adv. Revenue By : Shri Kapil Mondal, Addl. Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 26/07/2023 घोषणा क" तारीख /Date Of Pronouncement: 03/08/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The National Faceless Appeal Centre, Delhi, (Hereinafter The “Ld. Cit(A)”) Dt. 31/01/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2012-13. 2. The Ld. Counsel At The Outset Submits That Penalty Order Is Bad In Law As The Penalty Proceedings Were Initiated & Penalty Of Rs.1,38,748/- Was Levied Without Specifying The Exact Limb Of Section 271(1)(C) Of The Act. The Ld. Counsel For The Assessee Referring To The Penalty Notice Issued U/S 274 Read With Section 271(1)(C) Of The It Act, Dated 19Th March, 2014 (Placed On Record), Submitted That The Notice Was Issued Mechanically Stating That Assessee Has Concealed Particulars Of Income Or Furnished Inaccurate Particulars Of Such Income. In Other Words, The Notice Was Issued For Both The Limbs Without Strike Off Irrelevant Limb & Specifying The Charge For Which

For Appellant: Shri Sujoy Sen, A/R & Shri Tapas Kr. Majumdar, AdvFor Respondent: Shri Kapil Mondal, Addl. CIT, D/R
Section 250Section 271
4
Natural Justice4
Limitation/Time-bar3
Disallowance3
Section 271(1)(c)
Section 274

u/s 274 read with section 271(1)(c) of the Act, Assessing Officer did not strike off irrelevant limb in the notice specifying the charge for which notice was issued. 4. We observe that an identical issue came up before the Hon'ble Bombay High Court (full bench at Goa) in the case of Mr. Mohd. Farhan I.T.A. No. 306/Kol/2023

MD MAHIMUD SK,MALDA vs. I.T.O., WARD - 3(1), MALDA

In the result, the appeal of the assessee is allowed

ITA 2229/KOL/2024[2017-2018]Status: DisposedITAT Kolkata04 Mar 2025AY 2017-2018
Section 1Section 142(1)Section 144BSection 151Section 151A

183 days for which the assessee\nfiled the affidavit before us explaining the delay, the reasons for the\ndelay in filing of the appeal.\n08. The Id. Counsel for the assessee vehemently submitted before us that\nthe assessment framed by the Id. AO u/s 147 read with section 144B\nof the Act dated 23.03.2022, is without jurisdiction and required

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

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

RAMESHWAR SHAW,HOWRAH vs. ITO, 48(3),KOLKATA. , KOLKATA

In the result, the appeal filed by the assessee bearing

ITA 841/KOL/2023[2013-14]Status: DisposedITAT Kolkata12 Feb 2024AY 2013-14

Bench: Shri Rajesh Kumar & Shri Anikesh Banerjeei.T.A. No. 841/Kol/2023 Assessment Year: 2013-2014 Rameshwar Shaw,....................................Appellant 12/5, Musalmanpara Lane, Banta, Howrah-711101 [Pan: Amaps0893D] -Vs.- Income Tax Officer,.................................Respondent Ward-48(3), Kolkata, 3, Government Place (West), Kolkata-700001 Appearances By: Shri Debabrata Ghosh, A.R., Appeared On Behalf Of The Assessee Shrip.P. Barman, Addl. Cit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : February 12, 2024 Date Of Pronouncing The Order : February 12, 2024

Section 133(6)Section 143(2)Section 144Section 250

183 of the paper book. The assessee is a regular return filer under VAT/CST Act bearing VAT RC No.19693110042 and is enjoying ITC from the authority. The ld. A.R. further submitted that the ld. Assessing Officer has issued notice dated 09.03.2016, which was received by the assessee on 14.03.2016 and the date of hearing was fixed for replying

M/S VENKATESWAR MEDICARE PVT. LTD.,ITO, WARD-2(1) vs. ITO, WARD-2(1), KOLKATA

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

ITA 1417/KOL/2023[2016-17]Status: DisposedITAT Kolkata29 Jul 2024AY 2016-17

Bench: Shri Rajesh Kumar, Am& Shri Sonjoy Sarma, Jm]

Section 119Section 143(2)Section 144BSection 147Section 148Section 148ASection 68

penalty proceedings under section 271(1)(c) for the assessment year 2006-07 is also set aside and quashed. The application being G.A.No. 81 of 2010 is also allowed. The case of the assessee is also covered by the decision of Co-ordinate Bench decision in the case of Amiya Gopal Dutta (supra). For the sake of ready reference

M/S VENKATESWAR MEDICARE PVT. LTD.,KOLKATA vs. ITO, WARD 2(1), KOLKATA

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

ITA 1416/KOL/2023[2014-15]Status: DisposedITAT Kolkata29 Jul 2024AY 2014-15

Bench: Shri Rajesh Kumar, Am& Shri Sonjoy Sarma, Jm]

Section 119Section 143(2)Section 144BSection 147Section 148Section 148ASection 68

penalty proceedings under section 271(1)(c) for the assessment year 2006-07 is also set aside and quashed. The application being G.A.No. 81 of 2010 is also allowed. The case of the assessee is also covered by the decision of Co-ordinate Bench decision in the case of Amiya Gopal Dutta (supra). For the sake of ready reference

RAJROOP DOSHI,KOLKATA vs. I.T.O., WARD - 2(1),, KOLKATA

The appeal of the assessee is allowed

ITA 1838/KOL/2025[2017-2018]Status: DisposedITAT Kolkata07 Jan 2026AY 2017-2018
Section 124(3)Section 127Section 127(1)Section 142(1)Section 143(2)

penalty proceedings under section 271(1)(c) for the assessment year 2006-07 is also\nset aside and quashed. The application being G.A.No. 81 of 2010 is also allowed.\n2.4. The case of the assessee is also covered by the decision of Co-\nordinate Bench decision in the case of Amiya Gopal Dutta (supra).\nFor the sake of ready reference

SMITA BISWAS,JALPAIGURI vs. A.C.I.T., CIRCLE-1(1), JALPAIGURI, JALPAIGURI

In the result, the appeal of the assessee is allowed

ITA 464/KOL/2022[2016-2017]Status: DisposedITAT Kolkata05 Jan 2024AY 2016-2017

Bench: Shri Rajesh Kumar]

Section 127(1)Section 143(2)

penalty proceedings under section 271(1)(c) for the assessment year 2006-07 is also set aside and quashed. The application being G.A.No. 81 of 2010 is also allowed. The case of the assessee is also covered by the decision of Co-ordinate Bench decision in the case of Amiya Gopal Dutta (supra). For the sake of ready reference

YOGESH TRANSPORT PVT LTD,RAIPUR vs. INCOME TAX OFFICER, WD-1(1), KOLKATA, KOLKATA

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

ITA 1326/KOL/2025[2014-15]Status: DisposedITAT Kolkata27 Oct 2025AY 2014-15
For Appellant: Shri Prakash Jhunjhunwala, ARFor Respondent: Shri S.B. Chakraborthy, DR
Section 133(6)Section 145(3)Section 194CSection 250Section 40Section 69C

penalty proceedings under Section\n271(1)(c) is justified due to the appellant's inability to substantiate the claimed\nexpenses. The appeal is dismissed in full.”\n06. After hearing the rival contentions and perusing the materials\navailable on record, we find that the assessee is a government\ncontractor for transporting of goods from the railway rack to the PDS\ncenters

SAAB TECHNOLOGIES B.V.(FORMERLY KNOWN S ,KOLKATA vs. D.C.I.T., INTERNATIONAL TAXATION, CIRCLE-2(1), KOLKATA, KOLKATA

In the result, ITA No. 153/KOL/2022 is allowed

ITA 153/KOL/2022[2018-2019]Status: DisposedITAT Kolkata18 Apr 2024AY 2018-2019

Bench: Sri Anikesh Banerjee & Sri Girish Agrawal

Section 143(3)Section 144C

u/s 288B 37,64,480 The order is made as above in terms of provisions of section 144C (I) of the Act. The assessee is entitled to tile its acceptance of the order in terms of clause (a) or file its objections in terms of clause (b) of section I44C (2). The final assessment order is to be passed thereafter