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22 results for “penalty u/s 271”+ Section 43Bclear

Sorted by relevance

Mumbai171Delhi161Bangalore60Raipur42Ahmedabad39Kolkata22Jaipur22Pune20Indore15Visakhapatnam13Hyderabad10Nagpur7Surat7Chennai7Chandigarh7Lucknow5Panaji3Jodhpur1Dehradun1Ranchi1

Key Topics

Section 271(1)(c)32Section 27415Addition to Income15Penalty14Section 43B12Section 43D9Section 143(3)9Disallowance6Section 144C(13)4

JAIN INFRA PROJECTS LTD.(SINCE TAKEN OVER BANGAL CONSTRUCTION CO.),KOLKATA vs. ACIT, CC-IV, KOLKATA, KOLKATA

In the result the appeals of the assessee are allowed and appeals of the revenue are dismissed

ITA 1234/KOL/2011[2006-07]Status: DisposedITAT Kolkata23 Mar 2016AY 2006-07

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

For Appellant: Shri Amit Kumar, ACA, ld.ARFor Respondent: Shri Rajat Kumar Kureel, JCIT, ld.Sr.DR
Section 132(1)Section 132(4)Section 153ASection 271(1)

43B of the Act amounting to Rs. 8,04,061/- based on tax audit report and disallowance u/s 40(a)(ia) of the Act amounting to Rs. 31,97,865/-. During the penalty proceedings u/s 271(1)(c ) of the Act, the assessee claimed that it had made voluntary disclosure of additional income of Rs. 5,96,176/- which were

Showing 1–20 of 22 · Page 1 of 2

Section 271(1)4
Deduction4
Depreciation3

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

section 43B of the Act as various payments were made by the appellant after the due date as specified in the relevant Act. However, the appellant was entitled to get credit of the same on payment basis. In view of the submission and case laws relied upon by the appellant, I am of the view that the penalty u/s. 271

GAUTAM KUMAR MITRA,KOLKATA vs. DCIT, CIRCLE - 54, KOLKATA, KOLKATA

In the result, the appeal by the Assessee is allowed

ITA 7/KOL/2012[2006-07]Status: DisposedITAT Kolkata11 May 2016AY 2006-07

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] I.T.A No. 07/Kol/2012 Assessment Year : 2006-07

For Appellant: Shri A.K.Tibrewal, FCA & Shri Amit Agarwal, AdvocateFor Respondent: Shri Sallong Yaden, Addl.CIT.Sr.DR
Section 143(3)Section 271(1)Section 44A

Penalty proceedings u/s 271(1) (c) is therefore being initiated separately. 7. The next issue before the AO was with regard to the income declared by the Assessee under the head “Income from House Property”. The Assessee had let out his property at Mumbai to N/S.BBC World (India) Pvt.Ltd., (BBC). The rent actually received by the Assessee was Rs.42

KOLKATA PORT TRUST ,KOLKATA vs. JCIT, RANGE - 35, KOLKATA , KOLKATA

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

ITA 367/KOL/2018[2012-13]Status: DisposedITAT Kolkata21 Feb 2020AY 2012-13

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am]

Section 271(1)(c)Section 274

271(1)(c) in the printed form without specifically mentioning whether the proceedings are initiated on the ground of concealment of income or on account of furnishing of inaccurate particulars is valid and legal? 2. Whether the proceedings initiated by the Assessing Authority was legal and valid? The Hon’ble Karnataka High Court held in the negative and against

KOLKATA PORT TRUST ,KOLKATA vs. ACIT, CIRCLE - 35, KOLKATA , KOLKATA

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

ITA 368/KOL/2018[2013-14]Status: DisposedITAT Kolkata21 Feb 2020AY 2013-14

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am]

Section 271(1)(c)Section 274

271(1)(c) in the printed form without specifically mentioning whether the proceedings are initiated on the ground of concealment of income or on account of furnishing of inaccurate particulars is valid and legal? 2. Whether the proceedings initiated by the Assessing Authority was legal and valid? The Hon’ble Karnataka High Court held in the negative and against

KOLKATA PORT TRUST ,KOLKATA vs. ACIT, CIRCLE - 35, KOLKATA , KOLKATA

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

ITA 369/KOL/2018[2014-15]Status: DisposedITAT Kolkata21 Feb 2020AY 2014-15

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am]

Section 271(1)(c)Section 274

271(1)(c) in the printed form without specifically mentioning whether the proceedings are initiated on the ground of concealment of income or on account of furnishing of inaccurate particulars is valid and legal? 2. Whether the proceedings initiated by the Assessing Authority was legal and valid? The Hon’ble Karnataka High Court held in the negative and against

DCIT, CIRCLE - 35, KOLKATA , KOLKATA vs. M/S. KOLKATA PORT TRUST , KOLKATA

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

ITA 452/KOL/2018[2014-15]Status: DisposedITAT Kolkata21 Feb 2020AY 2014-15

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am]

Section 271(1)(c)Section 274

271(1)(c) in the printed form without specifically mentioning whether the proceedings are initiated on the ground of concealment of income or on account of furnishing of inaccurate particulars is valid and legal? 2. Whether the proceedings initiated by the Assessing Authority was legal and valid? The Hon’ble Karnataka High Court held in the negative and against

DCIT, CIRCLE - 35, KOLKATA , KOLKATA vs. M/S. KOLKATA PORT TRUST , KOLKATA

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

ITA 453/KOL/2018[2014-15]Status: DisposedITAT Kolkata21 Feb 2020AY 2014-15

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am]

Section 271(1)(c)Section 274

271(1)(c) in the printed form without specifically mentioning whether the proceedings are initiated on the ground of concealment of income or on account of furnishing of inaccurate particulars is valid and legal? 2. Whether the proceedings initiated by the Assessing Authority was legal and valid? The Hon’ble Karnataka High Court held in the negative and against

DCIT - 8(2), MUMBAI vs. M/S. PHILIPS MEDICAL SYSTEMS INDIA P. LTD., MUMBAI

In the result, the appeal of the assessee is allowed, while the Revenue’s appeals are dismissed

ITA 4114/MUM/2008[2003-2004]Status: DisposedITAT Kolkata26 Sept 2018AY 2003-2004

Bench: Shri P.M. Jagtap & Shri Satbeer Singh Godara

Section 271(1)(c)Section 92C

43B, even if it has been paid after the due date as per relevant Acts. Respectfully following the said decision of the Hon’ble Apex Court, we decide this issue in favour of the assessee. Ground No. 9 of the assessee’s appeal is accordingly allowed, while Ground No. 2 of the Revenue’s appeal is dismissed. 25. As regards

M/S. PHILIPS MEDICAL SYSTEMS P. LTD.,MUMBAI vs. ITO - 8(2)(4), MUMBAI

In the result, the appeal of the assessee is allowed, while the Revenue’s appeals are dismissed

ITA 3412/MUM/2008[2003-2004]Status: DisposedITAT Kolkata26 Sept 2018AY 2003-2004

Bench: Shri P.M. Jagtap & Shri Satbeer Singh Godara

Section 271(1)(c)Section 92C

43B, even if it has been paid after the due date as per relevant Acts. Respectfully following the said decision of the Hon’ble Apex Court, we decide this issue in favour of the assessee. Ground No. 9 of the assessee’s appeal is accordingly allowed, while Ground No. 2 of the Revenue’s appeal is dismissed. 25. As regards

THE JUTE CORPORATION OF INDIA LTD.,KOLKATA vs. DCIT CIR.-1, KOLKATA, KOLKATA

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

ITA 2318/KOL/2016[2008-09]Status: DisposedITAT Kolkata30 Nov 2018AY 2008-09

Bench: Shri S. S. Godara, Jm & Dr. A.L.Saini, Am Acit, Circle 1(2), Kolkata Vs. The Jute Corporation Of India Ltd. Ayakar Bhawan, P-7, Chowringhee Hudco Building, 15N, Nellie Square, R.No.14, 7Th Floor, Kolkata – Sengupta Sarani, Kolkata-700 700 069. 087. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabct 8820 B (अपीलाथ" /Assessee) (""यथ" / Respondent) ..

For Appellant: Shri B. Syam, FCAFor Respondent: Shri C. J. Singh, Sr. DR

penalty proceedings initiated by Assessing Officer u/s 271(1)(c) on grounds of appeal (1), (2) & (4) does not hold good as there was no such suppressing of income made by corporation to the returned income/loss and additions are made arbitrarily which is bad in law and hence this section does not be applicable and the same to be withdrawn

ACIT, CIR-1(2), KOLKATA, KOLKATA vs. THE JUTE CORPORATION OF INDIA LTD.,, KOLKATA

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

ITA 2305/KOL/2017[2011-12]Status: DisposedITAT Kolkata30 Nov 2018AY 2011-12

Bench: Shri S. S. Godara, Jm & Dr. A.L.Saini, Am Acit, Circle 1(2), Kolkata Vs. The Jute Corporation Of India Ltd. Ayakar Bhawan, P-7, Chowringhee Hudco Building, 15N, Nellie Square, R.No.14, 7Th Floor, Kolkata – Sengupta Sarani, Kolkata-700 700 069. 087. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabct 8820 B (अपीलाथ" /Assessee) (""यथ" / Respondent) ..

For Appellant: Shri B. Syam, FCAFor Respondent: Shri C. J. Singh, Sr. DR

penalty proceedings initiated by Assessing Officer u/s 271(1)(c) on grounds of appeal (1), (2) & (4) does not hold good as there was no such suppressing of income made by corporation to the returned income/loss and additions are made arbitrarily which is bad in law and hence this section does not be applicable and the same to be withdrawn

DCIT, (IT), 2(1), KOLKATA, KOLKATA vs. M/S THE ROYAL BANK OF SCOTLAND N.V., KOLKATA

In the result, the appeal of the revenue in ITA No

ITA 496/KOL/2015[2010-2011]Status: DisposedITAT Kolkata14 Oct 2016AY 2010-2011

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am]

For Appellant: Shri R.N.Bajoria Sr. Advocate &For Respondent: Shri G. Mallikarjuna, CIT, DR
Section 143(3)Section 43D

section 115JB of the Act are not applicable to the assessee bank for the year under appeal. Hence the ground no. 3 raised by the assessee is allowed. 5. The Ground No. 4 raised by the assessee regarding initiation of penalty proceedings u/s 271(1)(c) of the Act is only consequential in nature and does not require any adjudication

ACIT, CENTRAL CIRCLE-3(3), KOLKATA, KOLKATA vs. SHRI LOKNATH PRASAD GUPTA, NORTH 24 PARGANAS

In the result, appeal of Revenue is dismissed

ITA 859/KOL/2017[2008-09]Status: DisposedITAT Kolkata22 Jun 2018AY 2008-09

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And "ी एम .बालागणेश, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Shri M.Balaganesh, Am]

Section 139(1)Section 143(3)Section 147Section 148Section 2Section 271Section 43B

Penalty proceedings u/s 271(l)(c) is being initiated separately on this issue.” Aggrieved, assessee preferred an appeal before the Ld. CIT(A), who allowed the assessee’s ground of appeal by following the decision of the ITAT on this issue in assessee’s own case in AY 2009-10. Aggrieved, revenue is before us. 4. We have heard rival

A.C.I.T., CC-1(1), KOLKATA, KOLKATA vs. M/S BHASKAR TEA & INDUSTRIES LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

ITA 1992/KOL/2016[2004-05]Status: DisposedITAT Kolkata09 May 2018AY 2004-05

Bench: Shri P.M.Jagtap & Shri S.S.Viswanethra Raviassessment Year:2004-05

Section 143(3)Section 2(24)Section 271(1)(c)Section 36(21)(va)Section 43B

271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) 2. At the outset Ld. AR submits the assessment was completed u/s. 143(3) of the Act vide order dated 20.12.2006 in which the additions were made on account of accrued interest of loan and disallowance of ₹80,56,794/-u/s. 43B r.w.s

ITO, WARD - 3(3), KOLKATA , KOLKATA vs. M/S. C D STEEL PVT. LTD., , KOLKATA

Appeal is dismissed

ITA 1360/KOL/2017[2013-14]Status: DisposedITAT Kolkata29 Aug 2018AY 2013-14

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2013 14

Section 143(3)Section 271(1)(c)Section 41(1)Section 43BSection 68

43B disallowance of ₹12,64,109/- made during the course of assessment. We notice herein as well that there is no rebuttal on Revenue’s part qua the CIT(A)’s clinching finding that the amount in question nowhere formed part of assessee’s deduction claim(s) pertaining to impugned assessment year 2013-14. We affirm

DCIT, CIR-2(1), KOLKATA, KOLKATA vs. M/S ROYAL BANK OF SCOTLAND N.V., KOLKATA

Accordingly, the Ground Nos. (iv) to (vi) raised by the revenue are dismissed

ITA 503/KOL/2016[2012-2013]Status: DisposedITAT Kolkata05 Sept 2018AY 2012-2013

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 503/Kol/2016 Assessment Year : 2011-12 Dcit (It), Circle-2(1), Kolkata -Vs- M/S Royal Bank Of Scotland N.V. [Pan: Aacca 6818 K] (Appellant) (Respondent) I.T.A No. 505/Kol/2016 Assessment Year : 2011-12 M/S Royal Bank Of Scotland N.V. -Vs- Dcit (It), Circle-2(1), Kolkata [Pan: Aacca 6818 K] (Appellant) (Respondent)

For Appellant: Shri R. N. Bajoria, ARFor Respondent: Shri G. Mallikarjuna, CIT DR
Section 144C(13)Section 144C(5)Section 43D

43B(b) of the Act. • Apart from the approved superannuation fund, to compensate for the increased cost of living of the employees, the Bank also provides annual increment on the Base pension which is .towards unfunded pension liability and directly paid to the employees. Such provision in relation to the unfunded pension liability is disallowed in the tax computation

THE ROYAL BANK OF SCOTLAND N.V.,KOLKATA vs. DCIT, (IT) - 2(1), KOLKATA, KOLKATA

Accordingly, the Ground Nos. (iv) to (vi) raised by the revenue are dismissed

ITA 505/KOL/2016[2011-2012]Status: DisposedITAT Kolkata05 Sept 2018AY 2011-2012

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 503/Kol/2016 Assessment Year : 2011-12 Dcit (It), Circle-2(1), Kolkata -Vs- M/S Royal Bank Of Scotland N.V. [Pan: Aacca 6818 K] (Appellant) (Respondent) I.T.A No. 505/Kol/2016 Assessment Year : 2011-12 M/S Royal Bank Of Scotland N.V. -Vs- Dcit (It), Circle-2(1), Kolkata [Pan: Aacca 6818 K] (Appellant) (Respondent)

For Appellant: Shri R. N. Bajoria, ARFor Respondent: Shri G. Mallikarjuna, CIT DR
Section 144C(13)Section 144C(5)Section 43D

43B(b) of the Act. • Apart from the approved superannuation fund, to compensate for the increased cost of living of the employees, the Bank also provides annual increment on the Base pension which is .towards unfunded pension liability and directly paid to the employees. Such provision in relation to the unfunded pension liability is disallowed in the tax computation

THE ROYAL BANK OF SCOTLAND N.V.,KOLKATA vs. DCIT, ( INTERNATIONAL TAXATION) CIR-2(1), KOLKATA, KOLKATA

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

ITA 1885/KOL/2017[2013-14]Status: DisposedITAT Kolkata14 Sept 2018AY 2013-14

Bench: Hon’Ble Shri S.S.Godara, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 36 & 1885/Kol/2017 Assessment Year : 2012-13 & 2013-14 M/S Royal Bank Of Scotland N.V. -Vs- Dcit (It), Circle-2(1), Kolkata [Pan: Aacca 6818 K] (Appellant) (Respondent)

For Appellant: Shri R. N. Bajoria, ARFor Respondent: Shri G. Mallikarjuna, CIT DR
Section 144C(13)Section 43D

43B(b) of the Act. • Apart from the approved superannuation fund, to compensate for the increased cost of living of the employees, the Bank also provides annual increment on the Base pension which is .towards unfunded pension liability and directly paid to the employees. Such provision in relation to the unfunded pension liability is disallowed in the tax computation

THE ROYAL BANK OF SCOTLAND N.V.,KOLKATA vs. DCIT, ( INTERNATIONAL TAXATION) CIR-2(1), KOLKATA, KOLKATA

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

ITA 36/KOL/2017[2012-13]Status: DisposedITAT Kolkata14 Sept 2018AY 2012-13

Bench: Hon’Ble Shri S.S.Godara, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 36 & 1885/Kol/2017 Assessment Year : 2012-13 & 2013-14 M/S Royal Bank Of Scotland N.V. -Vs- Dcit (It), Circle-2(1), Kolkata [Pan: Aacca 6818 K] (Appellant) (Respondent)

For Appellant: Shri R. N. Bajoria, ARFor Respondent: Shri G. Mallikarjuna, CIT DR
Section 144C(13)Section 43D

43B(b) of the Act. • Apart from the approved superannuation fund, to compensate for the increased cost of living of the employees, the Bank also provides annual increment on the Base pension which is .towards unfunded pension liability and directly paid to the employees. Such provision in relation to the unfunded pension liability is disallowed in the tax computation