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16 results for “penalty u/s 271”+ Section 69Aclear

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Key Topics

Section 25017Section 69A15Section 143(2)14Addition to Income13Section 10(26)(AAA)12Section 14712Section 1448Section 139(1)8Penalty8

MD MAHIMUD SK,MALDA vs. I.T.O., WARD - 3(1), MALDA

In the result, the appeal of the assessee is allowed

ITA 2229/KOL/2024[2017-2018]Status: DisposedITAT Kolkata04 Mar 2025AY 2017-2018
Section 1Section 142(1)Section 144BSection 151Section 151A

69A r.w.s. 115BBE\nof the Income Tax Act, 1961 Penalty proceedings u/s 271(1)(c) of the Income tax act, 1961 for\ninaccurate particulars of the income are initiated separately.\nReturned Income\nAdd:- as per para 5\nAssessed Income\nRs. 2,25,800/-\nRs. 21,06,182/-\nRs. 23,31,982/-.\nIssue Penalty notice u/s 271(1)(c) and 271

SANJEEV PODDAR,KOLKATA vs. A.C.I.T-CIRCLE-34, KOLKATA

In the result, the appeal of the assessee is allowed

Cash Deposit7
Section 1486
Limitation/Time-bar4
ITA 1994/KOL/2024[2013-14]Status: DisposedITAT Kolkata23 Jun 2025AY 2013-14
Section 143(2)Section 143(3)Section 144Section 147Section 250Section 271(1)(b)Section 69A

69A of the Act. Penalty u/s 271(1)(b) of the Act was duly initiated.\nSubsequently, the case was fixed for hearing. As none appeared,\npenalty of Rs. 30,000/- u/s 271(1)(b) of the Act was imposed by an\norder dated 30.09.2022. Aggrieved, the assessee has preferred this\nappeal before the Id. CIT (A), who has also dismissed

SANJAY KUMAR KHEMKA,PATNA vs. D.C.I.T., CC-3(4), KOLKATA

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

ITA 2110/KOL/2025[2020-2021]Status: DisposedITAT Kolkata19 Jan 2026AY 2020-2021

Bench: Shri Rajesh Kumar (Accountant Member), Shri Pradip Kumar Choubey (Judicial Member)

Section 250Section 271ASection 274Section 69A

69A of the Income Tax Act'1961 and penalty of Rs.60,00,000/- u/s 271AAB of the Act was imposed. 3. On appeal, the ld. CIT(A) dismissed the appeal of the assessee. 4. Aggrieved and dissatisfied, the assessee is in appeal before us. At the time of hearing, the Ld. AR challenges the impugned order thereby submitting that

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

69A and Rs.3,48,054/- as unexplained business income. 3.1. The matter therefore travelled to the Hon’ble ITAT, Kolkata wherein the Tribunal in its order dated 02.09.2024 in IT(SS)A Nos.87&88&92/Kol/2023 provided a part relief of Rs. 1,05,300/- and the addition made by the CIT(A) for A.Y 2019-20 as undeclared income

KRISHNA CHANDRA DAS,TWENTY FOUR PARGANAS SOUTH vs. I.T.O., WARD - 25(1),, KOLKATA

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

ITA 1804/KOL/2025[2019-2020]Status: DisposedITAT Kolkata02 Dec 2025AY 2019-2020

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2019-20 Krishna Chandra Das..……………..………………….……….……….……Appellant Ramkrishnanagar Laskarpur, Alipore, 24 Parganas (S), W.B - 743515. [Pan: Ajapd6700B] Vs. Ito, Ward-25(1), Kolkata………….…………………….....……...…..…..Respondent Appearances By: Shri B. B. Payra, Advocate, Appeared On Behalf Of The Appellant. Shri Dipu Koley, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 27, 2025 Date Of Pronouncing The Order : December 02, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 24.06.2025 Of The National Faceless Appeal Centre Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2019–20. 2. Brief Facts Of The Case Are That The Assessee Had Not Filed Original Return Of Income For The A.Y. 2019-20. In The Absence Of Voluntary Compliance, The Assessing Officer Initiated Reassessment Proceedings U/S 147 R.W.S. 144 Of The Act By Making Following Additions:

Section 142(1)Section 147Section 15Section 250Section 272A(1)(d)Section 45Section 56Section 69ASection 69B

69A amounting to Rs. 19,64,920/- 2.1 During the assessment proceedings, the Assessing Officer issued statutory notices but the assessee remained non-responsive, consequently the Assessing Officer issued multiple show-cause notices proposing of levying of penalty u/s 272A(1)(d) of the Act. 3. Being aggrieved by the said order, the assessee filed an appeal before

KRISHNA KUMAR KEDIA ,KOLKATA vs. ITO, WARD 30(1), , KOLKATA

Appeal of the assessee is dismissed

ITA 888/KOL/2025[2011-2012]Status: DisposedITAT Kolkata26 Aug 2025AY 2011-2012
Section 143(2)Section 144Section 153(3)Section 250Section 251(1)(a)Section 68

69A Palm Avenue, Kolkata-700019,47C/1 Dharmatalla Road, Kol- 700042, and 113 Park Street, Kol-16 by post but all of them were returned unserved. The order u/s 144/143(3), dt 26.03.2014 and demand notice and notice u/s 271(1) (c) were served through postal department but again all the matters were returned unserved by post with comment "LEFT

MAA SHARADA ENTERPRISE,KOLKATA vs. ITO,WARD-50(1),KOLKATA, KOLKATA

The appeal of the assessee is allowed

ITA 586/KOL/2024[2017-18]Status: DisposedITAT Kolkata07 Oct 2024AY 2017-18

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 586/Kol/2024 Assessment Year: 2017-2018 Maa Sharada Enterprise,……..………….……Appellant Talbabnda Jugberia, Ghola, North 24-Parganas, Pin Code No.700110, West Bengal [Pan:Aatfm5656M] -Vs.- Income Tax Officer,………………………….……Respondent Ward-50(1), Kolkata, Income Tax Office, Manicktala, Civil Centre, Uttarapan Complex-Ds-Iv, Kolkata-700067 Appearances By: Shri Giridhar Dhelia, Advocate, Appeared On Behalf Of The Assessee Shri Kapil Mondal, Addl. Cit (Dr), Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: September 09, 2024 Date Of Pronouncing The Order: October 07, 2024 O R D E R

Section 115BSection 142(1)Section 143(2)Section 69A

Penalty u/s 271AAC of the Act is initiated against the assessee separately”. 5. Appeal to the ld. CIT(Appeals) did not bring any relief to the assessee. 6. Before us, ld. Counsel for the assessee filed a written note. He submitted that the assessee has been dealing in pulses, wheat gram, flour and related products. It has achieved total sales

DIPANSHU GUPTA,HOWRAH vs. ITO, WARD - 37(1), KOLKATA

In the result, both the appeals filed by the assessee are allowed\nfor statistical purposes

ITA 2448/KOL/2024[2015-16]Status: DisposedITAT Kolkata23 Apr 2025AY 2015-16
Section 147Section 250

penalty order under section\n271(1)(b) dated 15.09.2022 & u/s 271(1)(c) dated 23.09.2022, assessment\norder u/s 147/144 dated 27.03.2022 for the assessment year 2017-18 and\npenalty order u/s 71AAC(1) dated 27.09.2022.\n6.) Then, after the appellant began to search a new tax consultant for his\nincome tax matters and ultimately selected S. Jaykishan

DIPANSHU GUPTA,HOWWRAH vs. ITO, WARD - 37(1), KOLKATA

In the result, both the appeals filed by the assessee are allowed\nfor statistical purposes

ITA 2449/KOL/2024[2017-18]Status: DisposedITAT Kolkata23 Apr 2025AY 2017-18
Section 147Section 250

69A of the income tax\nact, 1961 and added to the total income returned by the assessee.”\nI.T.A. Nos.: 2448 & 2449/KOL/2024\n Assessment Years: 2015-16 & 2017-18\nDipanshu Gupta.\n4.\nBefore the Ld. CIT(A) for condonation of delay the assessee\nsubmitted facts as under:\n“In the instant case the assessment order under section 147/144/144B of\nthe

RAGHUVIR RETAILERS PVT. LTD.,KOLKATA vs. PCIT-2, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 919/KOL/2024[2013-14]Status: DisposedITAT Kolkata11 Feb 2025AY 2013-14

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Pcit-2 Raghuvir Retailers Pvt. Ltd. Aaykar Bhavan P-7, Mandawa Shikhar, 151, Sarat Chowringhee Square, Kolkata- Bose Road, Kolkata-700026, Vs. 700069, West Bengal West Bengal (Respondent) (Appellant) Pan No. Aaecr8231M Assessee By : Shri S.M. Surana, Ar Revenue By : Shri Subhendu Datta, Dr Date Of Hearing: 19.12.2024 Date Of Pronouncement : 11.02.2024

For Appellant: Shri S.M. Surana, ARFor Respondent: Shri Subhendu Datta, DR
Section 147Section 148Section 263Section 69A

69A of the Act to the income of the assessee instead of Rs. 2,52,42,000/- and calculated the taxes accordingly. Therefore, the amount received from M/s Sheetal Steel amounting to ₹2,01,87,000/- was not added back, whereas the said amount was clearly mentioned by the ld. AO in Para 2 of page no.2 that income

SILIGURI HEIGHTS PVT LTD,SILIGURI vs. ITO, WARD-1(3),, SILIGURI

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 157/KOL/2025[2017-18]Status: DisposedITAT Kolkata24 Jun 2025AY 2017-18

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

Section 143(2)Section 143(3)Section 250Section 69A

69A of the Act chargeable to tax at special rate of the tax prescribed under section 115BBE of the said Act 5. That the Ld. CIT(A), NFAC erred in confirming the action of the Assessing Officer in charging interest of Rs.34,26,984 under section 234B which is otherwise not chargeable and / or excessive and/or unreasonable. 6. That

BALHANUMAN COMMODEAL PVT. LTD.,KOLKATA vs. ITO, WARD-5(4), KOLKATA

ITA 116/KOL/2024[2012-13]Status: DisposedITAT Kolkata03 Oct 2024AY 2012-13

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2012-13

For Appellant: NoneFor Respondent: Shri Vineet Kumar, Addl. CIT, Sr. DR
Section 131Section 143(2)Section 143(3)Section 14ASection 250Section 68

Penalty proceedings u/s 271(1)(c) of the I. T. Act, 1961 has been initiated against the assessee on this point for concealing the particulars of income and furnishing Inaccurate particulars of income. 5. It is found that the assessee has shown Rs. 14,00,000/- as current investments in equity as on 31.03.2012. No such is found

UTPAL DORJEE YONGDA,PELLING, WEST SIKKIM vs. A.O., NFAC/ D.C.I.T., CIRCLE - 3(2), GANGTOK, GANGTOK

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

ITA 1346/KOL/2024[2014-2015]Status: DisposedITAT Kolkata13 Sept 2024AY 2014-2015

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

Section 10(26)(AAA)Section 139(1)Section 144Section 148Section 271(1)(c)Section 69A

penalty imposed by the ld. Assessing Officer u/s 271(1)(c) vide his order dated 13th September, 2022 passed in both these assessment years. These orders have been upheld by the ld. CIT(Appeals) vide his orders dated 23.04.2024 and 24.04.2024 passed in A.Ys. 2014- 15 and 2015-16 respectively. 3. We take quantum appeals first. The grounds of appeal

UTPAL DORJEE YONGDA,PELLING, WEST SIKKIM vs. A.O., NFAC / D.C.I.T., WARD - 3(1), GANGTOK, GANGTOK

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

ITA 1347/KOL/2024[2014-2015]Status: DisposedITAT Kolkata13 Sept 2024AY 2014-2015

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

Section 10(26)(AAA)Section 139(1)Section 144Section 148Section 271(1)(c)Section 69A

penalty imposed by the ld. Assessing Officer u/s 271(1)(c) vide his order dated 13th September, 2022 passed in both these assessment years. These orders have been upheld by the ld. CIT(Appeals) vide his orders dated 23.04.2024 and 24.04.2024 passed in A.Ys. 2014- 15 and 2015-16 respectively. 3. We take quantum appeals first. The grounds of appeal

UTPAL DORJEE YONGDA,PELLING, WEST SIKKIM vs. A.O., NFAC / D.C.I.T., WARD - 3(1), GANGTOK, GANGTOK

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

ITA 1348/KOL/2024[2015-2016]Status: DisposedITAT Kolkata13 Sept 2024AY 2015-2016

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

Section 10(26)(AAA)Section 139(1)Section 144Section 148Section 271(1)(c)Section 69A

penalty imposed by the ld. Assessing Officer u/s 271(1)(c) vide his order dated 13th September, 2022 passed in both these assessment years. These orders have been upheld by the ld. CIT(Appeals) vide his orders dated 23.04.2024 and 24.04.2024 passed in A.Ys. 2014- 15 and 2015-16 respectively. 3. We take quantum appeals first. The grounds of appeal

UTPAL DORJEE YONGDA,PELLING, WEST SIKKIM vs. A.O., NFAC / D.C.I.T., WARD - 3(1), GANGTOK, GANGTOK

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

ITA 1349/KOL/2024[2015-2016]Status: DisposedITAT Kolkata13 Sept 2024AY 2015-2016

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

Section 10(26)(AAA)Section 139(1)Section 144Section 148Section 271(1)(c)Section 69A

penalty imposed by the ld. Assessing Officer u/s 271(1)(c) vide his order dated 13th September, 2022 passed in both these assessment years. These orders have been upheld by the ld. CIT(Appeals) vide his orders dated 23.04.2024 and 24.04.2024 passed in A.Ys. 2014- 15 and 2015-16 respectively. 3. We take quantum appeals first. The grounds of appeal