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2 results for “penalty u/s 271”+ Section 270A(8)clear

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Key Topics

Section 271A4Section 270A4Section 44A4Section 2742Penalty2

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 274
Section 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

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