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

Sorted by relevance

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Key Topics

Section 14825Section 271A21Section 14721Section 15120Addition to Income16Section 133A15Section 2412Section 271B11Survey u/s 133A11

AMIT KHEMKA,KOLKATA vs. ITO, WARD - 43(1), KOLKATA

In the result, the appeal is partly allowed

ITA 635/KOL/2024[2012-13]Status: DisposedITAT Kolkata20 Aug 2024AY 2012-13

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

For Appellant: Shri Vikash Kumar Agarwal, FCAFor Respondent: Shri Manoj Kumar Pati, Addl. CIT, Sr. DR
Section 147Section 250Section 271BSection 68

271(1)(c) which has to be initiated in the course of any proceeding, the penalty under section 271B also has to be initiated in the course of any proceeding. The penalty under section 271B relates to not getting the accounts audited under the Act and as the same is not related to the quantum of income assessed

Section 27410
Penalty10
TDS5

AMIT KHEMKA,KOLKATA vs. ITO, WARD - 43(1), KOLKATA

In the result, the appeal is partly allowed

ITA 636/KOL/2024[2012-13]Status: DisposedITAT Kolkata20 Aug 2024AY 2012-13

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

For Appellant: Shri Vikash Kumar Agarwal, FCAFor Respondent: Shri Manoj Kumar Pati, Addl. CIT, Sr. DR
Section 147Section 250Section 271BSection 68

271(1)(c) which has to be initiated in the course of any proceeding, the penalty under section 271B also has to be initiated in the course of any proceeding. The penalty under section 271B relates to not getting the accounts audited under the Act and as the same is not related to the quantum of income assessed

MADINA RICE MILL PVT. LTD.,KOLKATA vs. ACIT, CEN. CIR. 4(4), KOLKATA

In the result, all the appeals of the assessee in ITA No

ITA 806/KOL/2024[2017-18]Status: DisposedITAT Kolkata13 Sept 2024AY 2017-18

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

For Appellant: Shri Somnath Ghosh, ARFor Respondent: Shri Kapil Mondal, DR
Section 133ASection 145(3)Section 148Section 271ASection 273BSection 274

Section 271A of the Act as there is no failure on the part of the assessee to maintain proper books of accounts. Even otherwise, the assessee deserves immunity u/s 273B of the Act from levy of penalty as there was a reasonable cause for the said failure provided u/s 271

MADINA RICE MILL PVT. LTD.,KOLKATA vs. ACIT, CIR. 4(4), KOLKATA

In the result, all the appeals of the assessee in ITA No

ITA 804/KOL/2024[2015-16]Status: DisposedITAT Kolkata13 Sept 2024AY 2015-16

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

For Appellant: Shri Somnath Ghosh, ARFor Respondent: Shri Kapil Mondal, DR
Section 133ASection 145(3)Section 148Section 271ASection 273BSection 274

Section 271A of the Act as there is no failure on the part of the assessee to maintain proper books of accounts. Even otherwise, the assessee deserves immunity u/s 273B of the Act from levy of penalty as there was a reasonable cause for the said failure provided u/s 271

MADINA RICE MILL PVT. LTD.,KOLKATA vs. ACIT, CENTRAL CIR. 4(4) , KOLKATA

In the result, all the appeals of the assessee in ITA No

ITA 805/KOL/2024[2016-17]Status: DisposedITAT Kolkata13 Sept 2024AY 2016-17

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

For Appellant: Shri Somnath Ghosh, ARFor Respondent: Shri Kapil Mondal, DR
Section 133ASection 145(3)Section 148Section 271ASection 273BSection 274

Section 271A of the Act as there is no failure on the part of the assessee to maintain proper books of accounts. Even otherwise, the assessee deserves immunity u/s 273B of the Act from levy of penalty as there was a reasonable cause for the said failure provided u/s 271

MADINA RICE MILL PVT. LTD.,KOLKATA vs. ACIT, CEN. CIR. 4(4), KOLKATA

In the result, all the appeals of the assessee in ITA No

ITA 802/KOL/2024[2013-14]Status: DisposedITAT Kolkata13 Sept 2024AY 2013-14

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

For Appellant: Shri Somnath Ghosh, ARFor Respondent: Shri Kapil Mondal, DR
Section 133ASection 145(3)Section 148Section 271ASection 273BSection 274

Section 271A of the Act as there is no failure on the part of the assessee to maintain proper books of accounts. Even otherwise, the assessee deserves immunity u/s 273B of the Act from levy of penalty as there was a reasonable cause for the said failure provided u/s 271

MADINA RICE MILL PVT. LTD.,KOLKATA vs. ACIT, CENTRAL CIRCLE 4(4), KOLKATA

In the result, all the appeals of the assessee in ITA No

ITA 803/KOL/2024[2014-15]Status: DisposedITAT Kolkata13 Sept 2024AY 2014-15

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

For Appellant: Shri Somnath Ghosh, ARFor Respondent: Shri Kapil Mondal, DR
Section 133ASection 145(3)Section 148Section 271ASection 273BSection 274

Section 271A of the Act as there is no failure on the part of the assessee to maintain proper books of accounts. Even otherwise, the assessee deserves immunity u/s 273B of the Act from levy of penalty as there was a reasonable cause for the said failure provided u/s 271

TARAI TRANSPORT CORPORATION,SILIGURI vs. JCIT, RANGE-1, SILIGURI

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

ITA 273/KOL/2024[2016-17]Status: DisposedITAT Kolkata05 Jun 2024AY 2016-17

Bench: Sri Sanjay Garg & Sri Sanjay Awasthi

Section 143(3)Section 250Section 269SSection 271Section 271D

penalty imposed u/s 271D of the Act. For the sake of easy recall, the provisions of Section 273B of the Act are extracted as under: “Notwithstanding anything contained in the provisions of clause (b) of sub- section (1) of section 271, section 271A

ANUNOY MUKHERJEE,DURGAPUR vs. I.T.O., WARD-1(4), DURGAPUR, DURGAPUR

In the result, appeal of the assessee is allowed

ITA 555/KOL/2022[2017-2018]Status: DisposedITAT Kolkata23 Feb 2023AY 2017-2018

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 555/Kol/2022 Assessment Year: 2017-18 Anunoy Mukherjee Income Tax Officer, Ward-1 Vs (4), Durgapur Near Hdfc Bank Bamunara Kanksa Durgapur - 713212 [Pan : Cydpm3295A] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Vishal Kr. Agrawal, C.A. & Shri Rohitash Gupta, C.A. Revenue By : Shri P.P. Barman, Addl. Cit, Sr. D/R सुनवाई क" तार"ख/Date Of Hearing : 16/02/2023 घोषणा क" तार"ख /Date Of Pronouncement: 23/02/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dated 21/07/2022, Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), For Assessment Year 2017-18. 2. The Registry Has Pointed Out That There Is A Delay Of One (1) Day In Filing Of This Appeal In Time Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Stating The Reasons Of Delay. After Perusing The Same, We Find That The Assessee Was Prevented By Sufficient Cause From Filing The Appeal In Time Before The Tribunal. Hence, The Delay Is Condoned & The Appeal Is Admitted. 3. The Only Issue That Arises For Our Consideration Is Whether The Ld. Cit(A) Was Justified In Confirming The Penalty U/S 271B Of The Act At Rs.1,36,214/-, Levied For Not Getting The Books Of Account Audited U/S 44Ab Of The Act.

For Appellant: Shri Vishal Kr. Agrawal, C.A. & ShriFor Respondent: Shri P.P. Barman, Addl. CIT, Sr. D/R
Section 194CSection 250Section 271Section 271ASection 271BSection 271CSection 271DSection 271ESection 271FSection 271G

271A, [ section 271AA,] section 271B [section 271BA], [ section 271BB,] section 271C, [ section 271CA,] section 271D, section 271E, [ section 271F, [ section 271FA,] [ section 271FAB,] [ section 271FB,] [ section 271G,]] [ section 271GA,] [ section 271GB,] [ section 271H,] [ section 271-I,] [ section 271J,] clause (c) or clause (d) of sub-section (1) or sub-section (2) of section 272A, sub-section (1) of section 272AA

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

271A dated 12.04.2021, initiating the penalty for failure in maintaining or retain the books of account/ documents, however, the same was not complied with. Thereafter, the ITO was changed and the case was refixed by issuing another show cause notice and finally the penalty was imposed of ₹25,000/- for failure to keep and maintain the books of account

RUNGTA IRRIGATION LIMITED,NEW DELHI vs. A.C.I.T., CENTRAL CIRCLE 3(1), KOLKATA

In the result, all the appeals of the assessee are allowed and all the appeals of the revenue stand dismissed

ITA 2316/KOL/2024[2015-16]Status: DisposedITAT Kolkata15 May 2025AY 2015-16

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm]

Section 133ASection 143Section 143(3)Section 147Section 148Section 151

u/s. 148 of the Act shall be issued by an Assessing Officer without the approval of competent authority which means that sanction of the competent authority is mandatory and any notice without such sanction would be invalid. The Ld. AR thereafter referred to the penalty provisions as contained in section 271, 271A

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(1), KOLKATA, KOLKATA vs. RUNGTA IRRIGATION LTD, NEW DELHI

In the result, all the appeals of the assessee are allowed and all the appeals of the revenue stand dismissed

ITA 2400/KOL/2024[2014]Status: DisposedITAT Kolkata15 May 2025

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm]

Section 133ASection 143Section 143(3)Section 147Section 148Section 151

u/s. 148 of the Act shall be issued by an Assessing Officer without the approval of competent authority which means that sanction of the competent authority is mandatory and any notice without such sanction would be invalid. The Ld. AR thereafter referred to the penalty provisions as contained in section 271, 271A

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(1), KOLKATA, KOLKATA vs. RUNGTA IRRIGATION LIMITED, NEW DELHI

In the result, all the appeals of the assessee are allowed and all the appeals of the revenue stand dismissed

ITA 2399/KOL/2024[2012]Status: DisposedITAT Kolkata15 May 2025

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm]

Section 133ASection 143Section 143(3)Section 147Section 148Section 151

u/s. 148 of the Act shall be issued by an Assessing Officer without the approval of competent authority which means that sanction of the competent authority is mandatory and any notice without such sanction would be invalid. The Ld. AR thereafter referred to the penalty provisions as contained in section 271, 271A

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 3(1), KOLKATA, KOLKATA vs. RUNGTA IRRIGATION LTD, NEW DEHI

In the result, all the appeals of the assessee are allowed and all the appeals of the revenue stand dismissed

ITA 2401/KOL/2024[2015]Status: DisposedITAT Kolkata15 May 2025

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm]

Section 133ASection 143Section 143(3)Section 147Section 148Section 151

u/s. 148 of the Act shall be issued by an Assessing Officer without the approval of competent authority which means that sanction of the competent authority is mandatory and any notice without such sanction would be invalid. The Ld. AR thereafter referred to the penalty provisions as contained in section 271, 271A

RUNGTA IRRIGATION LIMITED,DELHI vs. CENTRAL CIRCLE 3(1)/KOLKATA, KOLKATA

In the result, all the appeals of the assessee are allowed and all the appeals of the revenue stand dismissed

ITA 2257/KOL/2024[2012-13]Status: DisposedITAT Kolkata15 May 2025AY 2012-13

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm]

Section 133ASection 143Section 143(3)Section 147Section 148Section 151

u/s. 148 of the Act shall be issued by an Assessing Officer without the approval of competent authority which means that sanction of the competent authority is mandatory and any notice without such sanction would be invalid. The Ld. AR thereafter referred to the penalty provisions as contained in section 271, 271A

VINEET BAJORIA,KOLKATA vs. ITO, WARD 45(4), KOLKATA

In the result, both the appeals are allowed

ITA 228/KOL/2025[2013-2014]Status: DisposedITAT Kolkata09 Sept 2025AY 2013-2014

Bench: S/Shri & Rajesh Kumar & Pradip Kumar Choubeyita Nos.228, 229, 230 & 231/Kol/2025 Assessment Year : 2013-14 Vineet Bajoria, C/O. S.N.Ghosh Vs. Ito, Ward 45(4), Kolkata & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata Pan/Gir No. Adupb 1299 F (Appellant) .. ( Respondent) Assessee By : Shri Somnath Ghosh, Adv Revenue By : Shri S.B.Chakraborthy, Sr Dr

For Appellant: Shri Somnath Ghosh, AdvFor Respondent: Shri S.B.Chakraborthy, Sr DR
Section 24Section 80CSection 80DSection 80T

u/s. 80D of the Act. 12. During the course of assessment proceedings, the Assessing Officer required the assessee to furnish the details of deduction alongwith evidences. The assessee did not respond and, accordingly, the claim of deduction was disallowed by the AO and upheld by the ld CIT(A). 13. After hearing the rival submissions, we find that the assessee

VINEET BAJORIA,KOLKATA vs. ITO, WARD 45(4), KOLKATA

In the result, both the appeals are allowed

ITA 231/KOL/2025[2013-2014]Status: DisposedITAT Kolkata09 Sept 2025AY 2013-2014

Bench: S/Shri & Rajesh Kumar & Pradip Kumar Choubeyita Nos.228, 229, 230 & 231/Kol/2025 Assessment Year : 2013-14 Vineet Bajoria, C/O. S.N.Ghosh Vs. Ito, Ward 45(4), Kolkata & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata Pan/Gir No. Adupb 1299 F (Appellant) .. ( Respondent) Assessee By : Shri Somnath Ghosh, Adv Revenue By : Shri S.B.Chakraborthy, Sr Dr

For Appellant: Shri Somnath Ghosh, AdvFor Respondent: Shri S.B.Chakraborthy, Sr DR
Section 24Section 80CSection 80DSection 80T

u/s. 80D of the Act. 12. During the course of assessment proceedings, the Assessing Officer required the assessee to furnish the details of deduction alongwith evidences. The assessee did not respond and, accordingly, the claim of deduction was disallowed by the AO and upheld by the ld CIT(A). 13. After hearing the rival submissions, we find that the assessee

VINEET BAJORIA,KOLKATA vs. ITO, WARD 45(4), KOLKATA

In the result, both the appeals are allowed

ITA 229/KOL/2025[2013-2014]Status: DisposedITAT Kolkata09 Sept 2025AY 2013-2014

Bench: S/Shri & Rajesh Kumar & Pradip Kumar Choubeyita Nos.228, 229, 230 & 231/Kol/2025 Assessment Year : 2013-14 Vineet Bajoria, C/O. S.N.Ghosh Vs. Ito, Ward 45(4), Kolkata & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata Pan/Gir No. Adupb 1299 F (Appellant) .. ( Respondent) Assessee By : Shri Somnath Ghosh, Adv Revenue By : Shri S.B.Chakraborthy, Sr Dr

For Appellant: Shri Somnath Ghosh, AdvFor Respondent: Shri S.B.Chakraborthy, Sr DR
Section 24Section 80CSection 80DSection 80T

u/s. 80D of the Act. 12. During the course of assessment proceedings, the Assessing Officer required the assessee to furnish the details of deduction alongwith evidences. The assessee did not respond and, accordingly, the claim of deduction was disallowed by the AO and upheld by the ld CIT(A). 13. After hearing the rival submissions, we find that the assessee

VINEET BAJORIA,KOLKATA vs. ITO, WARD 45(4), KOLKATA

In the result, both the appeals are allowed

ITA 230/KOL/2025[2013-14]Status: DisposedITAT Kolkata09 Sept 2025AY 2013-14

Bench: S/Shri & Rajesh Kumar & Pradip Kumar Choubeyita Nos.228, 229, 230 & 231/Kol/2025 Assessment Year : 2013-14 Vineet Bajoria, C/O. S.N.Ghosh Vs. Ito, Ward 45(4), Kolkata & Associates, Advocates, 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kolkata Pan/Gir No. Adupb 1299 F (Appellant) .. ( Respondent) Assessee By : Shri Somnath Ghosh, Adv Revenue By : Shri S.B.Chakraborthy, Sr Dr

For Appellant: Shri Somnath Ghosh, AdvFor Respondent: Shri S.B.Chakraborthy, Sr DR
Section 24Section 80CSection 80DSection 80T

u/s. 80D of the Act. 12. During the course of assessment proceedings, the Assessing Officer required the assessee to furnish the details of deduction alongwith evidences. The assessee did not respond and, accordingly, the claim of deduction was disallowed by the AO and upheld by the ld CIT(A). 13. After hearing the rival submissions, we find that the assessee