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5 results for “penalty u/s 271”+ Section 270Aclear

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Key Topics

Section 271(1)(c)16Section 270A10Section 153A8Penalty5Section 143(3)4Section 132(4)4Section 271A4Section 44A4Addition to Income4

SVM CERA PRIVATE LIMITED ,GUJRAT vs. ACIT,C.C-1(1). KOLKATA. , KOLKATA

In the result, both the appeals in ITA Nos

ITA 974/KOL/2023[2015-16]Status: DisposedITAT Kolkata28 Aug 2024AY 2015-16

Bench: Shri Rajpal Yadav, Vp & Shri Dr. Manish Borad, Am

For Appellant: Shri P.K. Sanghai, ARFor Respondent: Shri Ankur Goyal, DR
Section 132Section 132(4)Section 143(3)Section 153ASection 271(1)(c)

U/s 271(1)(c) of the Act.” 09. Similar view was also taken by the Hon'ble Delhi High Courtin case of CIT v. Best. Infrastructure India Pvt. Ltd reported in (2017) 397 ITR 82, Delhi, where penalty levied under Section 271(1)(c) of the Act was deleted on the ground that the additional income surrendered

Section 1323
Deemed Dividend2
Undisclosed Income2

SVM CERA PRIVATE LIMITED,GUJRAT vs. ACIT,C.C-1(1), KOLKATA, KOLKATA

In the result, both the appeals in ITA Nos

ITA 973/KOL/2023[2014-15]Status: DisposedITAT Kolkata28 Aug 2024AY 2014-15

Bench: Shri Rajpal Yadav, Vp & Shri Dr. Manish Borad, Am

For Appellant: Shri P.K. Sanghai, ARFor Respondent: Shri Ankur Goyal, DR
Section 132Section 132(4)Section 143(3)Section 153ASection 271(1)(c)

U/s 271(1)(c) of the Act.” 09. Similar view was also taken by the Hon'ble Delhi High Courtin case of CIT v. Best. Infrastructure India Pvt. Ltd reported in (2017) 397 ITR 82, Delhi, where penalty levied under Section 271(1)(c) of the Act was deleted on the ground that the additional income surrendered

GOPAL BANIK,KOLKATA vs. PCIT(CENTRAL), KOLKATA -2,, KOLKATA

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

ITA 1430/KOL/2025[2019-20]Status: DisposedITAT Kolkata21 Jan 2026AY 2019-20

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2019-20 Gopal Banik…….…………..……..……….………….……….……….……Appellant 20, Apc Road, Kol- 700009.. [Pan: Aegpb1186E] Vs. Pcit (Central)-2, Kolkata…………………………..…….....……...…..…..Respondent Appearances By: Shri K K Khemka, Advocate, Appeared On Behalf Of The Appellant. Shri Sandeep Kumar Mehta, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 05, 2026 Date Of Pronouncing The Order : January 21, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.11.2024 Of The Nfac, Delhi (Hereinafter Referred To As The “Cit(A)”) Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2020–21. 2. The Appeal Has Been Filed By The Assessee With A Delay Of 174 Days & The Assessee Has Filed An Affidavit For Condonation Of The Delay. After Going Over The Said Affidavit, We Find Sufficient Reasons Behind The Delay & Consequently, The Delay In Filing The Appeal Is Hereby Condoned & We Proceed To Dispose Of The Appeal On Merits.

Section 132Section 250Section 270ASection 270A(1)Section 270A(7)Section 271(1)(c)Section 274Section 69A

u/s 274 read with section 270A of the Act, it was mentioned that ‘you have under-reported income which is in consequence of misreporting thereof.’ We find that in the case of Commissioner of Income-tax v. Manjunatha Cotton & Ginning Factory [2013] 35 taxmann.com 250/218 Taxman 423/359 ITR 565 (Karnataka) held as under: “…the imposition of penalty under section 271

PRINCE JAIN,HOOGLY vs. ITO, NFAC, DELHI, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 355/KOL/2022[2018-2019]Status: DisposedITAT Kolkata23 Nov 2022AY 2018-2019

Bench: Rajesh Kumar & Sonjoy Sarmaआयकर अपील सं"या: 355 / कोल / 2022 िनधा"रण वष"ः 2018-19

Section 143(3)Section 270ASection 271(1)(c)Section 275Section 275(1)(c)

270A is barred by limitation u/s 275(1)(c) which reads as under: “275. 47[(1)] No order imposing a penalty under this Chapter shall be passed— (a) ************************** (b) ************************** (c) in any other case, after the expiry of the financial year in which the proceedings, in the course of which action for the imposition of penalty has been initiated

ANITA BASAK,KOLKATA vs. ACIT, CC 1(1),, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 2174/KOL/2025[2018-19]Status: DisposedITAT Kolkata19 Dec 2025AY 2018-19

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Anita Basak Acit, Central Circle 1(1), C/O. S.N. Ghosh & Associates, Kolkata, Advocates, Aaykar Bhawan Poorva, 2, Garstin Place, 2 Nd Floor, Suite 110 Shanti Pally, 5 Th Floor, Vs. No.203, Off Hare Street, Kolkata, Eastern Metropolitian By Pass, West Bengal-700001, Kolkata-700107, West Bengal (Appellant) (Respondent) Pan No. Ahhpb5785B Assessee By : Shri Somnath Ghosh, Ar Revenue By : Shri Ruchika Sharma, Dr Date Of Hearing: 04.12.2025 Date Of Pronouncement: 19.12.2025

For Appellant: Shri Somnath Ghosh, ARFor Respondent: Shri Ruchika Sharma, DR
Section 1Section 133Section 143(3)Section 144Section 144ASection 145(3)Section 270ASection 271Section 271ASection 44A

270A sub section 1 of the Act on the ground that the assessee has not furnished the records and Anita Basak; A.Y. 2018-19 therefore, the ld. AO was not satisfied with the correctness and completeness of the accounts. Accordingly, the books of accounts were rejected u/s 145(3) of the Act and the income of the assessee was estimated