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29 results for “penalty u/s 271”+ Section 226(3)clear

Sorted by relevance

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Key Topics

Section 234E90Section 200A48Deduction19Section 14717Section 271A17TDS15Section 143(3)13Section 25010Section 133(6)10

PASSPORT JEANS PVT LTD ,KOLKATA vs. DCIT, CPC, BANGALORE

In the result, the appeal of assessee is partly allowed

ITA 575/KOL/2021[2013-14]Status: DisposedITAT Kolkata18 May 2022AY 2013-14

Bench: Shri Sanjay Garg & Shri Girish Agrawal]

Section 200ASection 234E

271(1)(a) cannot be imposed if the deductor complies with the requirement of sub-section (3) of Section 271H. Hence, it can be said that the fee provided under Section 234E would take out from the rigors of penalty under Section 271H but of course subject to the outer limit of one year as prescribed under sub- section (3

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

ITA 415/KOL/2021[2013-14]Status: DisposedITAT Kolkata

Showing 1–20 of 29 · Page 1 of 2

Section 153A10
Addition to Income8
Disallowance7
17 Dec 2021
AY 2013-14

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

Section 200Section 200ASection 234E

271(1)(a) cannot be imposed if the deductor complies with the requirement of sub-section (3) of Section 271H. Hence, it can be said that the fee provided under Section 234E would take out from the rigors of penalty under Section 271H but of course subject to the outer limit of one year as prescribed under sub-section (3

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

ITA 422/KOL/2021[2015-16]Status: DisposedITAT Kolkata17 Dec 2021AY 2015-16

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

Section 200Section 200ASection 234E

271(1)(a) cannot be imposed if the deductor complies with the requirement of sub-section (3) of Section 271H. Hence, it can be said that the fee provided under Section 234E would take out from the rigors of penalty under Section 271H but of course subject to the outer limit of one year as prescribed under sub-section (3

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

ITA 421/KOL/2021[2015-16]Status: DisposedITAT Kolkata17 Dec 2021AY 2015-16

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

Section 200Section 200ASection 234E

271(1)(a) cannot be imposed if the deductor complies with the requirement of sub-section (3) of Section 271H. Hence, it can be said that the fee provided under Section 234E would take out from the rigors of penalty under Section 271H but of course subject to the outer limit of one year as prescribed under sub-section (3

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

ITA 419/KOL/2021[2014-15]Status: DisposedITAT Kolkata17 Dec 2021AY 2014-15

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

Section 200Section 200ASection 234E

271(1)(a) cannot be imposed if the deductor complies with the requirement of sub-section (3) of Section 271H. Hence, it can be said that the fee provided under Section 234E would take out from the rigors of penalty under Section 271H but of course subject to the outer limit of one year as prescribed under sub-section (3

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

ITA 416/KOL/2021[2014-15]Status: DisposedITAT Kolkata17 Dec 2021AY 2014-15

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

Section 200Section 200ASection 234E

271(1)(a) cannot be imposed if the deductor complies with the requirement of sub-section (3) of Section 271H. Hence, it can be said that the fee provided under Section 234E would take out from the rigors of penalty under Section 271H but of course subject to the outer limit of one year as prescribed under sub-section (3

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

ITA 418/KOL/2021[2014-15]Status: DisposedITAT Kolkata17 Dec 2021AY 2014-15

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

Section 200Section 200ASection 234E

271(1)(a) cannot be imposed if the deductor complies with the requirement of sub-section (3) of Section 271H. Hence, it can be said that the fee provided under Section 234E would take out from the rigors of penalty under Section 271H but of course subject to the outer limit of one year as prescribed under sub-section (3

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

ITA 420/KOL/2021[2014-15]Status: DisposedITAT Kolkata17 Dec 2021AY 2014-15

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

Section 200Section 200ASection 234E

271(1)(a) cannot be imposed if the deductor complies with the requirement of sub-section (3) of Section 271H. Hence, it can be said that the fee provided under Section 234E would take out from the rigors of penalty under Section 271H but of course subject to the outer limit of one year as prescribed under sub-section (3

BHASKAR ROY,KOLKATA vs. ITO, TDS 1(2), KOLKATA

In the result, petition fails and is dismissed

ITA 417/KOL/2021[2014-15]Status: DisposedITAT Kolkata17 Dec 2021AY 2014-15

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey]

Section 200Section 200ASection 234E

271(1)(a) cannot be imposed if the deductor complies with the requirement of sub-section (3) of Section 271H. Hence, it can be said that the fee provided under Section 234E would take out from the rigors of penalty under Section 271H but of course subject to the outer limit of one year as prescribed under sub-section (3

D.C.I.T CC - V,KOLKATA, KOLKATA vs. KRISHNA TRADE & COMMERCE PVT LTD, KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 1083/KOL/2013[2009-10]Status: DisposedITAT Kolkata29 Apr 2016AY 2009-10

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

Section 132Section 143(3)Section 153ASection 271A

271(1)(c). But then, the courts have laid down the basic principles which are available for guidance while deciding any penal proceedings, In the case of Vinod K Bhagat vs ACIT (2009) 118 ITD 574, it was held that penalty provisions do not lie where the very basis for the imposition of the penalty was the additional income disclosed

OBEROI BUILDINGS AND INVESTMENTS PVT. LTD.,KOLKATA vs. DCIT, CIRCLE-5, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1938/KOL/2016[2005-06]Status: DisposedITAT Kolkata16 Feb 2018AY 2005-06

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

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

226 ITR 625. The abovementioned disallowance was confirmed by the Hon’ble ITAT, Kolkata. The ld. AO opined that the appellant has furnished inaccurate particulars of income and accordingly passed an order u/s. 271(l)(c) of the Act levying 100% of the tax sought to be evaded as penalty u/s 271(l)(c) of the Act. During the penalty

D.C.I.T CC - V,KOLKATA, KOLKATA vs. SHREE SALSAR PROPERTIES & FINANCE (P) LTD, KOLKATA

In the result, all the appeals filed by the assesses are allowed

ITA 1081/KOL/2013[2009-10]Status: DisposedITAT Kolkata15 Apr 2016AY 2009-10

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

For Appellant: Shri K.K. Chhaparia, FCA, ld.ARFor Respondent: Md. Ghayas Uddin Ansari, JCIT, ld.Sr.DR
Section 132(4)Section 139(1)Section 153ASection 271A

u/s 271AAA(2) of the Act redundant. The legislature in its wisdom had given a thoughtful consideration on the facts and circumstances under which the assessee would not be invited with the levy of penalty pursuant to the search subject to fulfillment of certain conditions stipulated in the said section . Hence in view of the above, we hold that

D.C.I.T CC - V,KOLKATA, KOLKATA vs. SALSAR STOCK BROKING LTD, KOLKATA

In the result, all the appeals filed by the assesses are allowed

ITA 1082/KOL/2013[2009-10]Status: DisposedITAT Kolkata15 Apr 2016AY 2009-10

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

For Appellant: Shri K.K. Chhaparia, FCA, ld.ARFor Respondent: Md. Ghayas Uddin Ansari, JCIT, ld. Sr.DR
Section 132(4)Section 153ASection 271ASection 73

u/s 271AAA(2) of the Act redundant. The legislature in its wisdom had given a thoughtful consideration on the facts and circumstances under which the assessee would not be invited with the levy of penalty pursuant to the search subject to fulfillment of certain conditions stipulated in the said section . Hence in view of the above, we hold that

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

GEM FORGINGS PVT. LTD.,KOLKATA vs. DCIT, CIR. 8(1), KOLKATA

In the result, the appeals in ITA No

ITA 1423/KOL/2023[2012-13]Status: DisposedITAT Kolkata22 May 2024AY 2012-13

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

Section 131Section 133(6)Section 143(3)Section 147Section 148Section 148(2)Section 250Section 68

226 of the Constitution of India calling for the records of the case leading to the issue of the impugned notice and passing of the impugned order and after going through the same, and examining the question of legality thereof, quash, cancel and set aside the impugned notice (exhibit C) dated March 27, 2019 and the impugned order (exhibit

GEM FORGINGS PVT. LTD.,KOLKATA vs. DCIT, CIR. 8(1), KOLKATA

In the result, the appeals in ITA No

ITA 1426/KOL/2023[2014-15]Status: DisposedITAT Kolkata22 May 2024AY 2014-15

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

Section 131Section 133(6)Section 143(3)Section 147Section 148Section 148(2)Section 250Section 68

226 of the Constitution of India calling for the records of the case leading to the issue of the impugned notice and passing of the impugned order and after going through the same, and examining the question of legality thereof, quash, cancel and set aside the impugned notice (exhibit C) dated March 27, 2019 and the impugned order (exhibit

GEM FORGINGS PVT. LTD.,KOLKATA vs. DCIT, CIR. 8(1), KOLKATA

In the result, the appeals in ITA No

ITA 1425/KOL/2023[2013-14]Status: DisposedITAT Kolkata22 May 2024AY 2013-14

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

Section 131Section 133(6)Section 143(3)Section 147Section 148Section 148(2)Section 250Section 68

226 of the Constitution of India calling for the records of the case leading to the issue of the impugned notice and passing of the impugned order and after going through the same, and examining the question of legality thereof, quash, cancel and set aside the impugned notice (exhibit C) dated March 27, 2019 and the impugned order (exhibit

GEM FORGINGS PVT. LTD.,DCIT, CIR. 8(1) vs. DCIT, CIR. 8(1), KOLKATA

In the result, the appeals in ITA No

ITA 1424/KOL/2023[2013-14]Status: DisposedITAT Kolkata22 May 2024AY 2013-14

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

Section 131Section 133(6)Section 143(3)Section 147Section 148Section 148(2)Section 250Section 68

226 of the Constitution of India calling for the records of the case leading to the issue of the impugned notice and passing of the impugned order and after going through the same, and examining the question of legality thereof, quash, cancel and set aside the impugned notice (exhibit C) dated March 27, 2019 and the impugned order (exhibit

ITO, WARD-12(3), KOLKATA, KOLKATA vs. M/S SPLENDOUR VILLA MAKERS PVT. LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 1768/KOL/2016[2012-13]Status: DisposedITAT Kolkata05 Sept 2018AY 2012-13

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1768/Kol/2016 Assessment Year : 2012-13 Ito, Ward-12(3), Kolkata -Vs- M/S Splendour Villa Makers Pvt. Ltd. [Pan: Aahcs 9726 M] (Appellant) (Respondent)

For Appellant: Shri P.K. Mondal, Addl. CIT Sr. DRFor Respondent: Shri M.D. Shah, AR
Section 133(6)Section 143(3)Section 68

penalty proceedings under Section 271(1)(c) are being initiated separately. The facts of Nova Promoters and Finlease (P) Ltd. (supra) fall in the former category and that is why this Court decided in favour of the revenue in that case. However, the facts of the present case are clearly distinguishable and fall in the second category and are more