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23 results for “penalty u/s 271”+ Section 194Jclear

Sorted by relevance

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Key Topics

Section 115J24Section 4022Deduction17Section 143(3)16Section 201(1)10TDS10Depreciation10Section 2508Section 1158Section 80I

M/S VODAFONE EAST LTD.(FORMERLY KNOWN AS VODAFONE ESSAR EAST LIMITED),KOLKATA vs. A.D.I.T RANGE - 7,KOL., KOLKATA

In the result, the appeal of the revenue in ITA No

ITA 1864/KOL/2012[2009-10]Status: DisposedITAT Kolkata15 Sept 2015AY 2009-10

Bench: Shri Mahavir Singh & Shri M. Balaganesh

Section 143(3)Section 194ISection 40

194J of the Act and hence we have no hesitation in directing the Learned Assessing Officer to delete the addition made u/s 40(a)(ia) on this account. 4.21. Without prejudice to the aforesaid main ground with regard to the non-applicability of TDS provisions for roaming charges, the next argument of the Learned AR that the provisions of section

TEJBIR SINGH BHANDARI,KOLKATA vs. ACIT, CIR-21, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

Showing 1–20 of 23 · Page 1 of 2

8
Section 2638
Disallowance8
ITA 1476/KOL/2014[2006-2007]Status: Disposed
ITAT Kolkata
24 May 2017
AY 2006-2007

Bench: The Ao, Which Was Accepted & Accordingly, The Total Income Was Assessed At Rs.5,95,310/- & Assessee Paid A Sum Of Rs.3,410/- Towards Tax.

For Appellant: Shri S.N Ganguli, Advocate, ld.ARFor Respondent: Shri Sallong Yaden, Addl.CIT, ld.Sr.DR
Section 143(1)Section 148Section 154Section 2Section 271(1)Section 271(1)(c)

194J of I.T Act, 1961. The assessee failed to disclose his income, but did not forget to claim TDS on the undisclosed income. This is hard to believe. From the above facts it is clearly established that appellant deliberately not shown the income. Therefore, I am of the view that the AO rightly imposed the penalty of Rs.27,225/- u/s

D.C.I.T CIR - 3,KOLATA, KOLKATA vs. M/S MANTORA OIL PRODUCTS LTD, KOLKATA

In the result, assessee’s appeal stands allowed

ITA 2252/KOL/2013[2004-05]Status: DisposedITAT Kolkata18 Mar 2016AY 2004-05

Bench: Shri Mahavir Singh & Shri Waseem Ahmedassessment Year :2010-11

Section 143(3)Section 194CSection 263Section 40A(2)

penalty proceedings u/s. 271(10© of the act and prosecution proceedings u/s. 276C, 277A r.w.s. 278B of the Act. g) Directed the AO to verify the rent paid by assessee amounting to Rs.15.96 lakhs from the TDS documents provided in the assessment proceedings; h) Directed the AO to verify the professional charges and conveyance charges amounting to Rs.19

ANJALI JEWELLERS PVT. LTD.,KOLKATA vs. CIT, KOLKATA-IV, KOLKATA, KOLKATA

In the result, assessee’s appeal stands allowed

ITA 2252/KOL/2014[2010-2011]Status: DisposedITAT Kolkata18 Mar 2016AY 2010-2011

Bench: Shri Mahavir Singh & Shri Waseem Ahmedassessment Year :2010-11

Section 143(3)Section 194CSection 263Section 40A(2)

penalty proceedings u/s. 271(10© of the act and prosecution proceedings u/s. 276C, 277A r.w.s. 278B of the Act. g) Directed the AO to verify the rent paid by assessee amounting to Rs.15.96 lakhs from the TDS documents provided in the assessment proceedings; h) Directed the AO to verify the professional charges and conveyance charges amounting to Rs.19

M/S VODAFONE EAST LIMITED (FORMERLY KNOWN AS VODAFONE ESSAR EAST LIMITED),KOLKATA vs. ACIT, CIR-7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 431/KOL/2012[2008-2009]Status: DisposedITAT Kolkata15 Dec 2017AY 2008-2009

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

u/s 41(1), it is deemed to be the bu9 profits of the current year, it automatically would qualify for deduction u/s 80IA of the Act. In the following decisions, in the context of section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. JCIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 356/KOL/2009[2004-05]Status: DisposedITAT Kolkata15 Dec 2017AY 2004-05

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

u/s 41(1), it is deemed to be the bu9 profits of the current year, it automatically would qualify for deduction u/s 80IA of the Act. In the following decisions, in the context of section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section

ACIT, CIRCLE - 7, KOLKATA vs. VODAFONE ESSAR EAST LTD., KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 377/KOL/2009[2005-06]Status: DisposedITAT Kolkata15 Dec 2017AY 2005-06

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

u/s 41(1), it is deemed to be the bu9 profits of the current year, it automatically would qualify for deduction u/s 80IA of the Act. In the following decisions, in the context of section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section

ACIT, CIRCLE - 7, KOLKATA vs. HUTCHISON TELECOM EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 343/KOL/2009[2004-05]Status: DisposedITAT Kolkata15 Dec 2017AY 2004-05

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

u/s 41(1), it is deemed to be the bu9 profits of the current year, it automatically would qualify for deduction u/s 80IA of the Act. In the following decisions, in the context of section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. ADDL. CIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 357/KOL/2009[2005-06]Status: DisposedITAT Kolkata15 Dec 2017AY 2005-06

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

u/s 41(1), it is deemed to be the bu9 profits of the current year, it automatically would qualify for deduction u/s 80IA of the Act. In the following decisions, in the context of section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 485/KOL/2010[2006-07]Status: DisposedITAT Kolkata15 Dec 2017AY 2006-07

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

u/s 41(1), it is deemed to be the bu9 profits of the current year, it automatically would qualify for deduction u/s 80IA of the Act. In the following decisions, in the context of section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 673/KOL/2011[2007-08]Status: DisposedITAT Kolkata15 Dec 2017AY 2007-08

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

u/s 41(1), it is deemed to be the bu9 profits of the current year, it automatically would qualify for deduction u/s 80IA of the Act. In the following decisions, in the context of section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section

DCIT, CIRCLE - 7, KOLKATA, KOLKATA vs. VODAFONE ESSAR EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 482/KOL/2010[2006-07]Status: DisposedITAT Kolkata15 Dec 2017AY 2006-07

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

u/s 41(1), it is deemed to be the bu9 profits of the current year, it automatically would qualify for deduction u/s 80IA of the Act. In the following decisions, in the context of section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section

ACIT, CIR-3(TDS), KOLKATA, KOLKATA vs. HALDIA MUNICIPALITY, PURBA MEDINIPUR

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

ITA 1338/KOL/2016[2012-2013]Status: DisposedITAT Kolkata05 Jan 2018AY 2012-2013

Bench: Sri J. Sudhakar Reddy & Sri S. S. Viswanethra Ravi]

Section 201Section 201(1)Section 250Section 3Section 381

Section 194J. Here also, he has not stated as to what are the judicial decisions, he relies upon or as to which clause of the agreement on which he is basing his decision on. The order is totally a non-speaking order. Thus, this issue is also set aside to the file of the ld. CIT(A), for fresh adjudication

ACIT, CIR-3(TDS), KOLKATA, KOLKATA vs. HALDIA MUNICIPALITY, PURBA MEDINIPUR

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

ITA 1326/KOL/2016[2012-2013]Status: DisposedITAT Kolkata05 Jan 2018AY 2012-2013

Bench: Sri J. Sudhakar Reddy & Sri S. S. Viswanethra Ravi]

Section 201Section 201(1)Section 250Section 3Section 381

Section 194J. Here also, he has not stated as to what are the judicial decisions, he relies upon or as to which clause of the agreement on which he is basing his decision on. The order is totally a non-speaking order. Thus, this issue is also set aside to the file of the ld. CIT(A), for fresh adjudication

ACIT, CIR-3(TDS), KOLKATA, KOLKATA vs. HALDIA MUNICIPALITY, PURBA MEDINIPUR

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

ITA 1327/KOL/2016[2013-14]Status: DisposedITAT Kolkata05 Jan 2018AY 2013-14

Bench: Sri J. Sudhakar Reddy & Sri S. S. Viswanethra Ravi]

Section 201Section 201(1)Section 250Section 3Section 381

Section 194J. Here also, he has not stated as to what are the judicial decisions, he relies upon or as to which clause of the agreement on which he is basing his decision on. The order is totally a non-speaking order. Thus, this issue is also set aside to the file of the ld. CIT(A), for fresh adjudication

ACIT, CIR-3(TDS), KOLKATA, KOLKATA vs. HALDIA MUNICIPALITY, PURBA MEDINIPUR

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

ITA 1336/KOL/2016[2011-2012]Status: DisposedITAT Kolkata05 Jan 2018AY 2011-2012

Bench: Sri J. Sudhakar Reddy & Sri S. S. Viswanethra Ravi]

Section 201Section 201(1)Section 250Section 3Section 381

Section 194J. Here also, he has not stated as to what are the judicial decisions, he relies upon or as to which clause of the agreement on which he is basing his decision on. The order is totally a non-speaking order. Thus, this issue is also set aside to the file of the ld. CIT(A), for fresh adjudication

ACIT, CIR-3(TDS), KOLKATA, KOLKATA vs. HALDIA MUNICIPALITY, PURBA MEDINIPUR

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

ITA 1337/KOL/2016[2012-2013]Status: DisposedITAT Kolkata05 Jan 2018AY 2012-2013

Bench: Sri J. Sudhakar Reddy & Sri S. S. Viswanethra Ravi]

Section 201Section 201(1)Section 250Section 3Section 381

Section 194J. Here also, he has not stated as to what are the judicial decisions, he relies upon or as to which clause of the agreement on which he is basing his decision on. The order is totally a non-speaking order. Thus, this issue is also set aside to the file of the ld. CIT(A), for fresh adjudication

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

MCNALLY SAYAJI ENGINEERING LIMITED,KOLKATA vs. DCIT, CIRCLE - 1(1), KOLKATA, KOLKATA

In the result, both the appeals are dismissed

ITA 899/KOL/2018[2009-10]Status: DisposedITAT Kolkata03 Oct 2024AY 2009-10

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2009-10 & Assessment Year: 2013-14 Mcnally Sayaji Engineering Deputy Commissioner Of Limited, Income Tax, Circle 1(1), Ecospace, Campus 2B, 11F/12 Aayakar Bhavan, P-7, (Old Plot No. Aa Ii/Blk 3), Chowringhee Square, Vs New Town, Rajarhat, Kolkata - 700069 North 24 Paragans, Kolkata - 7000156 (Pan: Aaccs5491A) (Appellant) (Respondent) Present For: Appellant By : Shri Abhishek Sureka, Ar Respondent By : Shri Rakesh Kumar Das, Cit, Dr Shri Vineet Kumar, Addl. Cit, Sr. Dr Date Of Hearing : 08.07.2024 Date Of Pronouncement : 03.10.2024 O R D E R Per Rakesh Mishra: These Two Appeals Filed By The Assessee Are Against The Two Separate Orders Of The Ld. Commissioner Of Income Tax, Kolkata-I, Kolkata (Hereinafter Referred To As “The Ld. Cit”) Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) For Ays 2009-10 & 2013- 14, Dated 28.02.2018 & 13.03.2018 Respectively. Both The Appeals Were Heard Together & Are Being Disposed Of Vide This Common Order For The Sake Of Brevity & Convenience. Mcnally Sayaji Engineering Limited.: Ays: 2009-10 & 2013-14 2. The Grounds Of Appeal Raised By The Assessee Are Reproduced As Under:

For Appellant: Shri Abhishek Sureka, ARFor Respondent: Shri Rakesh Kumar Das, CIT, DR
Section 234CSection 250Section 37Section 40

penalty proceedings under section 271(1)(c) of the Act as premature at this stage ignoring the fact that the Appellant has neither furnished inaccurate particulars of income nor concealed its income. That the Appellant craves leave to add, alter, supplements, amend, modify, substitute and/or rescind the grounds hereinabove before or at the time of hearing of this appeal

MCNALLY SAYAJI ENGINEERING LIMITED,KOLKATA vs. DCIT, CIRCLE - 1(1), KOLKATA, KOLKATA

In the result, both the appeals are dismissed

ITA 1145/KOL/2018[2013-14]Status: DisposedITAT Kolkata03 Oct 2024AY 2013-14

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2009-10 & Assessment Year: 2013-14 Mcnally Sayaji Engineering Deputy Commissioner Of Limited, Income Tax, Circle 1(1), Ecospace, Campus 2B, 11F/12 Aayakar Bhavan, P-7, (Old Plot No. Aa Ii/Blk 3), Chowringhee Square, Vs New Town, Rajarhat, Kolkata - 700069 North 24 Paragans, Kolkata - 7000156 (Pan: Aaccs5491A) (Appellant) (Respondent) Present For: Appellant By : Shri Abhishek Sureka, Ar Respondent By : Shri Rakesh Kumar Das, Cit, Dr Shri Vineet Kumar, Addl. Cit, Sr. Dr Date Of Hearing : 08.07.2024 Date Of Pronouncement : 03.10.2024 O R D E R Per Rakesh Mishra: These Two Appeals Filed By The Assessee Are Against The Two Separate Orders Of The Ld. Commissioner Of Income Tax, Kolkata-I, Kolkata (Hereinafter Referred To As “The Ld. Cit”) Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) For Ays 2009-10 & 2013- 14, Dated 28.02.2018 & 13.03.2018 Respectively. Both The Appeals Were Heard Together & Are Being Disposed Of Vide This Common Order For The Sake Of Brevity & Convenience. Mcnally Sayaji Engineering Limited.: Ays: 2009-10 & 2013-14 2. The Grounds Of Appeal Raised By The Assessee Are Reproduced As Under:

For Appellant: Shri Abhishek Sureka, ARFor Respondent: Shri Rakesh Kumar Das, CIT, DR
Section 234CSection 250Section 37Section 40

penalty proceedings under section 271(1)(c) of the Act as premature at this stage ignoring the fact that the Appellant has neither furnished inaccurate particulars of income nor concealed its income. That the Appellant craves leave to add, alter, supplements, amend, modify, substitute and/or rescind the grounds hereinabove before or at the time of hearing of this appeal