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6 results for “penalty u/s 271”+ Section 194Aclear

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Key Topics

Section 4014Section 2637Section 194A6Addition to Income5TDS4Section 143(3)3Section 143(1)3Section 2543Section 2643Disallowance

SUBIR ENGINEERING WORKS PVT. LTD.,KOLKATA vs. ACIT, CIR-2, DURGAPUR, DURGAPUR

In the result, the appeal of assessee is partly allowed

ITA 683/KOL/2015[2010-2011]Status: DisposedITAT Kolkata23 Mar 2018AY 2010-2011

Bench: The Ao That Post Dated Cheques For Short As Pdcs Were Issued Against Such Loan To The Said Finance Company & Therefore, The Assessee Was Not In A Position To Deduct Tax At Source On Interest Payments. This Explanation Of The Assessee Was Not Acceptable To Ao & As Such Added Said Amount 1 Of Rs.6,74,976/- To The Total Income Of Assessee For Violation Of Section 194A Of The Act By Invoking The Provisions U/Sec 40(A)(Ia) Of The Act.

For Appellant: Smt. Swati Baid, CA, ld.ARFor Respondent: Shri U.Dasgupta, Addl.CIT, ld.Sr.DR
Section 194ASection 194A(1)Section 40

u/s. 194A, while assessee is discussing about Sec. 40(a)(ia) in his submissions before the AO. The said ground and the related facts are being a question of law your honour may decide on the same. “ 6. The CIT-A found that during the assessment proceedings, the assessee was unable to submit satisfactory explanation and the assessee was default

3
Section 143(2)2
Deduction2

TURNER MORRISON LTD. ,KOLKATA vs. DCIT, CIR, KOL, KOLKATA

In the result, appeal of the assessee is allowed for statistical purposes

ITA 530/KOL/2023[2020-21]Status: DisposedITAT Kolkata07 Feb 2024AY 2020-21

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2020-21

For Appellant: Shri Miraj D. Shah, ARFor Respondent: Shri S. Datta, CIT, DR
Section 143(1)

u/s 143(1) passed by the AO, submissions of the appellant and the material on record have been considered. After considering the rectification order passed by the A.O., CPC, Bengaluru, the TDS of Rs. 19,15,979/- was not allowed by the A.O., CPC since the data of TDS deducted by M/s Cox and King Limited was not fully available

GANAPATI TECHNOLOGY SERVICES PVT. LTD.,KOLKATA vs. I.T.O., WARD - 6(3), KOLKATA

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

ITA 485/KOL/2025[2016-2017]Status: DisposedITAT Kolkata28 Jul 2025AY 2016-2017

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 485/Kol/2025 Assessment Year: 2016-2017 Ganapati Technology Services Pvt. Ltd.,…Appellant 6B, Dr. Rajendra Prasad Sarani, Kolkata-700001 [Pan:Aadcg2354D] -Vs.- Income Tax Officer,……………………………..Respondent Ward-6(3), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Sanjeev Kadel, A.R., Appeared On Behalf Of The Assessee Shri Susanta Saha, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: May 21, 2025 Date Of Pronouncing The Order: July 28, 2025 O R D E R

Section 133(6)Section 142(1)Section 143(2)Section 143(3)Section 194ASection 271(1)(c)

u/s 143(2) contained 2 issues for verification. First issue was whether tax aspects related to investments/ advances/ loans have been considered in the return of income and Second issue whether capital gain/ loss on sale of property has been correctly shown in the return of income. In response to notices issued under section 142(1) various compliances were made

M/S INDUSTRIAL PERFORATION INDIA (P) LTD,KOLKATA vs. I.T.O. WD - 5(4),KOLKATA, KOLKATA

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

ITA 413/KOL/2013[2005-06]Status: DisposedITAT Kolkata24 May 2016AY 2005-06

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

For Appellant: Shri Subash Agarwal, Advocate, ARFor Respondent: Shri S.M Das, JCIT, Sr.DR
Section 143(2)Section 147Section 194JSection 200Section 234BSection 40

penalty for tax withholding lapse per se is separately provided for in Section 271 C, and, section 40(a)(ia) does not add to the same. The provisions of Section 40 a)(ia1 as they' existed prior to insertion of second proviso thereto, went much beyond the obvious intentions of the lawmakers and created undue hardships even in cases

M/S HOOGHLY MILLS PROJECTS LTD.,KOLKATA vs. DCIT, CC-VII, KOLKATA, KOLKATA

In the result, the appeal of assessee is partly allowed

ITA 361/KOL/2014[2006-2007]Status: DisposedITAT Kolkata31 May 2016AY 2006-2007

Bench: : Shri S.S.Viswanethra Ravi

For Appellant: Shri S. Jhajharia, FCA, ld.ARFor Respondent: Shri Dinabandhu Naskar, JCIT, ld.DR
Section 115JSection 143(3)Section 2(22)(e)Section 250Section 254Section 263Section 264Section 40

penalty for tax withholding lapse per se is separately provided for in Section 271 C, and, section 40(a)(ia) does not add to the same. The provisions of Section 40 a)(ia1 as they' existed prior to insertion of second proviso thereto, went much beyond the obvious intentions of the lawmakers and created undue hardships even in cases

DCIT, CIRCLE - 10(1), KOLKATA , KOLKATA vs. M/S. DREAM BAKE PVT. LTD., , KOLKATA

ITA 242/KOL/2018[2013-14]Status: DisposedITAT Kolkata31 Jan 2019AY 2013-14

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 2(22)(e)Section 40S(2)(b)

271 (1)(c) of IT Act, 1961 has been initiated separately for furnishing inaccurate particulars of income. " 6.2. The Assessee has made detailed submission. Some of which is reproduced as below: "3.2 It is humbly submitted that the appellant company maintains a running account in respect of Switz Foods wherein the expenses incurred on regular basis along with business advances