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32 results for “penalty u/s 271”+ Section 264clear

Sorted by relevance

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Key Topics

Section 271(1)(c)27Addition to Income26Section 143(3)24Section 6823Section 26323Section 14718Section 271D17Section 14A14Section 250

DCIT, CC-XVI, KOLKATA, KOLKATA vs. SHRI SATYAM ROY CHOWDHURY, KOLKATA

In the result, all the six appeals of the Revenue are dismissed

ITA 639/KOL/2009[2000-2001]Status: DisposedITAT Kolkata24 Feb 2016AY 2000-2001

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

Section 132(4)Section 143(3)Section 153ASection 271(1)(c)

u/s. 132(4). As a consequence, the year wise allocation of undisclosed income is revised as seen from paragraph 2.1 of this order. Penalty proceedings are in respect this additional amount. 3.2. In my opinion, the appellant should get the protection of second exception of Explanation 5 to section 271(1)(c). The relevant judicial authorities are Delhi High Court

ITO, WARD-29(3), KOLKATA, KOLKATA vs. M/S. AUTO CARE, KOLKATA

In the result, the appeal of the revenue is dismissed

Showing 1–20 of 32 · Page 1 of 2

12
Disallowance11
Penalty11
Unexplained Cash Credit9
ITA 1484/KOL/2016[2008-09]Status: DisposedITAT Kolkata23 May 2018AY 2008-09

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1484/Kol/2016 Assessment Year : 2008-09 Ito, Ward-29(3), Kolkata -Vs- M/S Auto Care Centre [Pan: Aahfa 8997 R] (Appellant) (Respondent)

For Appellant: Shri Saurabh Kumar, Addl. CIT Sr. DRFor Respondent: Shri Miraj D Shah, AR
Section 143(1)Section 143(3)Section 147Section 148Section 269TSection 271DSection 271E

264 of the Act. Hence the assessee’s case squarely falls under clause (c ) of section 275(1) of the Act supra. In this case, penalty could be imposed on or before 30.11.2011 or on or before 31.3.2012 whichever is later. The later period is 31.3.2012. Hence the last date for imposition of penalty u/s

JYOTI RANJAN ROY,KOLKATA vs. PCIT-17, KOLKATA, KOLKATA

In the result, appeal filed by assessee stands dismissed

ITA 1015/KOL/2017[2006-07]Status: DisposedITAT Kolkata10 Nov 2017AY 2006-07

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2006-07 Jyoti Ranjan Roy V/S. Pr. Cit-17, Bd-2, Sectdor-1, Salt Uttarapan Building, Ds4, 2Nd Floor, Lake Ciity,Kolkata-64 [Pan No.Adlpr 2179 P] Ultadanga, Kolkata-54 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri T.K. Chakrborty, Advocate अपीलाथ" क" ओर से/By Appellant Shri . Mallikarjuna, Cit-Dr ""यथ" क" ओर से/By Respondent 06-09-2017 सुनवाई क" तार"ख/Date Of Hearing 10-11-2017 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Is An Appeal By The Assessee Against The Order Of Commissioner Of Income Tax-17-Kolkata Passed U/S 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 21.03.2017 For Assessment Year 2006-07. Shri T.K. Chakraborty, Ld. Advocate Appeared On Behalf Of Assessee & Shri G.Mallikarjuna, Ld. Departmental Representative Appeared On Behalf Of Revenue. 2. Ground No. 1 To 4 Are Inter-Related & Therefore Being Taken Up Together. Solitary Inter-Connected Issue Raised By Assessee In This Appeal Is That Ld. Pr.Cit Erred In Holding The Assessment Order As Erroneous In So Far As Prejudicial To The Interest Of Revenue. 3. Briefly Stated Facts As Culled Out From The Order Of Authorities Below Are That Assessee In The Present Case Is An Individual & Engaged In The

Section 143(3)Section 144Section 25Section 250Section 251Section 263Section 271(1)(c)

271(l)(c) is initiated, there is no question of not initiating penalty u/s.271(1)(c) on that addition again made in subsequent revised order, specially when that addition is confirmed in appellate proceeding. Therefore, non-initiation of penalty proceeding u/s.271(1)(c) on same addition in the revised order is nothing but an error committed

D.C.I.T CIR - 1,KOLKATA, KOLKATA vs. M/S BUDGE BUDGE JUTE LTD, KOLKATA

In the result, appeal of revenue is dismissed

ITA 979/KOL/2013[2004-05]Status: DisposedITAT Kolkata15 Mar 2016AY 2004-05

Bench: Shri Mahavir Singh, Jm & Shri Waseem Ahmed, Am]

For Appellant: Shri Sallong Yaden, JCIT, Sr. DRFor Respondent: Shri Manish Tiwari, AR
Section 143(3)Section 271(1)(c)Section 43B

264/- 9. Employer’s contribution to EDLI Rs. 1,92,377/- Rs.1,17,04,697/-” 2 Budge Budge Jute Ltd., AY 2004-05 Aggrieved, assessee preferred appeal before CIT(A) and also before Tribunal and in both the stages appeal of assessee was dismissed and addition to the extent of Rs.82,12.,119/- was confirmed. In the meantime, AO started

GURUPADA MAJI,PURULIA vs. ADDL. C.I.T., CENTRAL RANGE - 2,, KOLKATA

In the result, all the four appeals of the assessee are allowed for statistical purposes

ITA 393/KOL/2025[2021-22]Status: DisposedITAT Kolkata25 Jun 2025AY 2021-22

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 132Section 153ASection 250Section 269SSection 271Section 271D

section 269ST of the Act on the basis of documents found and seized during the course of the search. Aggrieved with the penalty order, the assessee preferred an appeal before the Ld. CIT(A). It was submitted before the Ld. CIT(A) that the penalty u/s 271DA of the Act was levied despite the fact that the assessee had preferred

GURUPADA MAJI,PURULIA vs. ADDL. C.I.T., CENTRAL RANGE - 2,, KOLKATA

In the result, all the four appeals of the assessee are allowed for statistical purposes

ITA 392/KOL/2025[2020-21]Status: DisposedITAT Kolkata25 Jun 2025AY 2020-21

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 132Section 153ASection 250Section 269SSection 271Section 271D

section 269ST of the Act on the basis of documents found and seized during the course of the search. Aggrieved with the penalty order, the assessee preferred an appeal before the Ld. CIT(A). It was submitted before the Ld. CIT(A) that the penalty u/s 271DA of the Act was levied despite the fact that the assessee had preferred

GURUPADA MAJI,PURULIA vs. ADDL. CIT, CENTRAL RANGE - 2,, KOLKATA

In the result, all the four appeals of the assessee are allowed for statistical purposes

ITA 376/KOL/2025[2018-19]Status: DisposedITAT Kolkata25 Jun 2025AY 2018-19

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 132Section 153ASection 250Section 269SSection 271Section 271D

section 269ST of the Act on the basis of documents found and seized during the course of the search. Aggrieved with the penalty order, the assessee preferred an appeal before the Ld. CIT(A). It was submitted before the Ld. CIT(A) that the penalty u/s 271DA of the Act was levied despite the fact that the assessee had preferred

GURUPADA MAJI,PURULIA vs. ADDL. C.I.T., CENTRAL RANGE - 2,, KOLKATA

In the result, all the four appeals of the assessee are allowed for statistical purposes

ITA 391/KOL/2025[2019-20]Status: DisposedITAT Kolkata25 Jun 2025AY 2019-20

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 132Section 153ASection 250Section 269SSection 271Section 271D

section 269ST of the Act on the basis of documents found and seized during the course of the search. Aggrieved with the penalty order, the assessee preferred an appeal before the Ld. CIT(A). It was submitted before the Ld. CIT(A) that the penalty u/s 271DA of the Act was levied despite the fact that the assessee had preferred

KAVITA AGARWAL,KOLKATA vs. ITO, WARD 30(2),, KOLKATA

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

ITA 1377/KOL/2025[2011-2012]Status: DisposedITAT Kolkata14 Nov 2025AY 2011-2012

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2011-12 Kavita Agarwal…………………..………………….……….……….……Appellant 81, Arihand Garden, Southern Avenue Flat No.3A, 3Rd Floor, Kol – 700029.. [Pan: Adbpa8919N] Vs. Ito, Ward-30(2), Kolkata……………………………….....……...…..…..Respondent Appearances By: Shri Saswati Mitra Dutta & Rajeshree Dutta, Advocates, Appeared On Behalf Of The Appellant. Dipu Koley, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 28, 2025 Date Of Pronouncing The Order : November 14, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.01.2023 Of The National Faceless Appeal Centre [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2011–12. 2. The Appeal Has Been Filed By The Assessee With A Delay Of 818 Days. The Assessee Has Filed An Affidavit For Condonation Of The Delay. After Considering The Reasons Cited In The Affidavit For Condonation Of Delay, We Find That The Reasons Are Valid & Consequently, The Delay In Filing The Appeal Is Hereby Condoned & We Proceed To Dispose Of The Appeal On Merits.

Section 147Section 250Section 264Section 271(1)(c)

Section 250 of the Income-tax Act, 1961 (hereinafter referred to as “the Act”) for the assessment year 2011–12. 2. The appeal has been filed by the assessee with a delay of 818 days. The assessee has filed an affidavit for condonation of the delay. After considering the reasons cited in the affidavit for condonation of delay, we find

DONGFANG ELECTRIC CORPORATION,KOLKATA vs. DCIT, INTERNATIONAL TAXATION 1(1), KOLKATA, KOLKATA

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

ITA 487/KOL/2015[2010-2011]Status: DisposedITAT Kolkata25 Oct 2017AY 2010-2011

Bench: Sri N.V. Vasudevan & Sri J. Sudhakar Reddy]

Section 143(3)

u/s 264 contains the summary, which is identical in both the order. The summary is reproduced below: "8. To sum up OffShore supply Profit from offshore supply of equipment/machinery is deemed to accrue or arise to the petitioner under Indian Income tax Act, as it has arisen to the petitioner through or from business connection in India. Only such part

DONGFANG ELECTRIC CORPORATION,KOLKATA vs. DDIT (IT)-1(1), KOLKATA, KOLKATA

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

ITA 572/KOL/2014[2009-2010]Status: DisposedITAT Kolkata25 Oct 2017AY 2009-2010

Bench: Sri N.V. Vasudevan & Sri J. Sudhakar Reddy]

Section 143(3)

u/s 264 contains the summary, which is identical in both the order. The summary is reproduced below: "8. To sum up OffShore supply Profit from offshore supply of equipment/machinery is deemed to accrue or arise to the petitioner under Indian Income tax Act, as it has arisen to the petitioner through or from business connection in India. Only such part

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

264 is passed by the [Principal Commissioner or] Commissioner on or after the 1st day of April, 2005 but before the 1st day of April, 2011, the provisions of this sub-section shall have effect as if for the words "one year", the words "nine months" had been substituted: 6. A plain reading of the above provision suggests that

SILKINA COMMODEAL PVT. LTD.,KOLKATA vs. ITO, WARD-3(3), KOLKATA

In the result, appeal of the assessee is allowed

ITA 1437/KOL/2023[2010-11]Status: DisposedITAT Kolkata05 Mar 2024AY 2010-11

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

For Appellant: Shri Siddarth Agarwal, AdvocateFor Respondent: Shri Arup Chatterjee, Addl. CIT
Section 147Section 148Section 271(1)(c)Section 68

264 ITR 254, the Hon'ble Guwahati High Court has thrown light on another aspect touching the issue of onus on assessee under section 68, by holding that the same should be decided by taking into consideration the provision of section 106 of the Evidence Act which says that a person can be required to prove only such facts which

SILKINA COMMODEAL PVT. LTD.,KOLKATA vs. ITO, WARD-3(3), KOLKATA

In the result, appeal of the assessee is allowed

ITA 1438/KOL/2023[2010-11]Status: DisposedITAT Kolkata05 Mar 2024AY 2010-11

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

For Appellant: Shri Siddarth Agarwal, AdvocateFor Respondent: Shri Arup Chatterjee, Addl. CIT
Section 147Section 148Section 271(1)(c)Section 68

264 ITR 254, the Hon'ble Guwahati High Court has thrown light on another aspect touching the issue of onus on assessee under section 68, by holding that the same should be decided by taking into consideration the provision of section 106 of the Evidence Act which says that a person can be required to prove only such facts which

SILKINA COMMODEAL PVT. LTD.,KOLKATA vs. ITO, WARD 3(3), KOLKATA

In the result, appeal of the assessee is allowed

ITA 1439/KOL/2023[2012-13]Status: DisposedITAT Kolkata05 Mar 2024AY 2012-13

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

For Appellant: Shri Siddarth Agarwal, AdvocateFor Respondent: Shri Arup Chatterjee, Addl. CIT
Section 147Section 148Section 271(1)(c)Section 68

264 ITR 254, the Hon'ble Guwahati High Court has thrown light on another aspect touching the issue of onus on assessee under section 68, by holding that the same should be decided by taking into consideration the provision of section 106 of the Evidence Act which says that a person can be required to prove only such facts which

MOHAMMED GYASUDDIN,KOLKATA vs. ACIT, CIR.-30, KOLKATA

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

ITA 570/KOL/2020[2011-12]Status: DisposedITAT Kolkata16 May 2024AY 2011-12

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 143(3)Section 147Section 148Section 263Section 269SSection 271D

section 143(3) has been completed without ascertaining the facts recorded on reason for issue notice u/s 148 of the Act. It is further seen that the AO recorded income to the tune of Rs.5,06,26,264/- had escaped assessment out of cash deposits to the tune of Rs.5,21,17,075/-. Whereas, in the assessment order

DONGFANG ELECTRIC CORPORATION,KOLKATA vs. DCIT, II-1(1), KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

ITA 196/KOL/2016[2011-2012]Status: DisposedITAT Kolkata09 Feb 2018AY 2011-2012

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey] I.T.A. No. 196/Kol/2016 Assessment Year: 2011-12 Dongfang Electric Corporation.….…….………………………………………………………….……..Appellant Dongfang Electric Corporation Kolkata Project Office Ck-189 & Ck-141 Sector-Ii Salt Lake City Kolkata – 700 091. [Pan : Aaccd 0559 L] Deputy Commissioner Of Income Tax, International Taxation-1(1), Kolkata…..Respondent Aayakar Bhawan Poorva 110 Shanti Pally Kolkata – 700 107 I.T.A. No. 295/Kol/2016 Assessment Year: 2011-12 Deputy Commissioner Of Income Tax, International Taxation-1(1),Kolkata……….Appellant 110 Shanti Pally Kolkata – 700 107 Dongfang Electric Corporation.….…….……………………………………………………………….Respondent Dongfang Electric Corporation Kolkata Project Office Ck-189 & Ck-141 Sector-Ii Salt Lake City Kolkata – 700 091. [Pan : Aaccd 0559 L] Appearances By: Shri Nageswar Rao, Ar, Appeared On Behalf Of The Assessee. Shri G. Mallikarjuna, Cit, Dr, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : December 04Th, 2017 Date Of Pronouncing The Order : February 09Th, 2017 O R D E R Per J. Sudhakar Reddy :- The Assessee Has Filed This Appeal Directed Against The Order Of The Assessing Officer, Passed U/S 143(3) R.W.S. 153(1) & 144C(13) Of The Income Tax Act, 1961 (The ‘Act’). The Revenue Has Filed A Cross-Appeal, Challenging The Directions Of The Dispute Resolution Panel (‘Drp’).

Section 143(3)

264 contains the summary which is identical in both the order. The summary is reproduced below for ready reference: “To sum up a) Offshore Supply- 1. Profit from offshore supply of equipment/machinery is deemed to accrue or arise to the petitioner under Indian income tax Act, as it has arisen to the petitioner through or from business connection in India

DCIT, (IT), CIR-1(1), KOLKATA, KOLKATA vs. THE DONGFANG ELECTRIC CORPORATION, KOLKATA

In the result, appeal of the assessee is allowed

ITA 295/KOL/2016[2011-2012]Status: DisposedITAT Kolkata09 Feb 2018AY 2011-2012

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey] I.T.A. No. 196/Kol/2016 Assessment Year: 2011-12 Dongfang Electric Corporation.….…….………………………………………………………….……..Appellant Dongfang Electric Corporation Kolkata Project Office Ck-189 & Ck-141 Sector-Ii Salt Lake City Kolkata – 700 091. [Pan : Aaccd 0559 L] Deputy Commissioner Of Income Tax, International Taxation-1(1), Kolkata…..Respondent Aayakar Bhawan Poorva 110 Shanti Pally Kolkata – 700 107 I.T.A. No. 295/Kol/2016 Assessment Year: 2011-12 Deputy Commissioner Of Income Tax, International Taxation-1(1),Kolkata……….Appellant 110 Shanti Pally Kolkata – 700 107 Dongfang Electric Corporation.….…….……………………………………………………………….Respondent Dongfang Electric Corporation Kolkata Project Office Ck-189 & Ck-141 Sector-Ii Salt Lake City Kolkata – 700 091. [Pan : Aaccd 0559 L] Appearances By: Shri Nageswar Rao, Ar, Appeared On Behalf Of The Assessee. Shri G. Mallikarjuna, Cit, Dr, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : December 04Th, 2017 Date Of Pronouncing The Order : February 09Th, 2017 O R D E R Per J. Sudhakar Reddy :- The Assessee Has Filed This Appeal Directed Against The Order Of The Assessing Officer, Passed U/S 143(3) R.W.S. 153(1) & 144C(13) Of The Income Tax Act, 1961 (The ‘Act’). The Revenue Has Filed A Cross-Appeal, Challenging The Directions Of The Dispute Resolution Panel (‘Drp’).

Section 143(3)

264 contains the summary which is identical in both the order. The summary is reproduced below for ready reference: “To sum up a) Offshore Supply- 1. Profit from offshore supply of equipment/machinery is deemed to accrue or arise to the petitioner under Indian income tax Act, as it has arisen to the petitioner through or from business connection in India

ITO, WARD - 12(3), KOLKATA, KOLKATA vs. M/S. HARSHWARDHAN GEMS P. LTD., KOLKATA

In the result, both the appeals of revenue and that of assessee are dismissed

ITA 1337/KOL/2010[2005-06]Status: DisposedITAT Kolkata03 Feb 2016AY 2005-06

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

For Appellant: Shri S. M. Surana, AdvocateFor Respondent: Shri P. B. Pramanik, JCIT, Sr. DR
Section 133(6)Section 133ASection 143(3)Section 68

u/s. 131 of the Act and out of twelve, four persons came forward and their statements were recorded who proved that they have immediate source for investment out of their capital. All these shareholders are regularly assessed to income tax filing their income tax returns along with Balance Sheet. We find that the only premise for making this addition

HARSHWARDHAN GEMS PVT. LTD.,KOLKATA vs. ITO, WARD - 12(3), KOLKATA, KOLKATA

In the result, both the appeals of revenue and that of assessee are dismissed

ITA 1070/KOL/2010[2005-06]Status: DisposedITAT Kolkata03 Feb 2016AY 2005-06

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

For Appellant: Shri S. M. Surana, AdvocateFor Respondent: Shri P. B. Pramanik, JCIT, Sr. DR
Section 133(6)Section 133ASection 143(3)Section 68

u/s. 131 of the Act and out of twelve, four persons came forward and their statements were recorded who proved that they have immediate source for investment out of their capital. All these shareholders are regularly assessed to income tax filing their income tax returns along with Balance Sheet. We find that the only premise for making this addition