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17 results for “penalty u/s 271”+ Section 133(6)clear

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Key Topics

Section 271(1)(c)20Section 14716Section 14813Section 69A11Section 41(1)10Addition to Income10Penalty9Section 133(6)8Section 1448Section 69C

DEPUTY COMMISSIONER OF INCOME TAX-6, KANPUR vs. M/S. HABIB TANNERY PRIVATE LIMITED, KANPUR

In the result, the appeal of the Department stands dismissed

ITA 564/LKW/2018[2015-16]Status: DisposedITAT Lucknow30 Jun 2025AY 2015-16

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2015-16 Dy. Commissioner Of Income V. M/S Habib Tannery Pvt. Ltd. Tax-6 15-B, 150 Ft. Road Kanpur Jajmau, Kanpur Tan/Pan:Aach4129E (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, Advocate Respondent By: Shri H. S. Usmani, Cit (Dr) O R D E R

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Shri H. S. Usmani, CIT (DR)
Section 131Section 133(6)Section 133ASection 142(1)Section 143(3)Section 271(1)(c)

penalty proceedings under section 271(1)(c) of the Act. 2.3 Aggrieved, the assessee preferred an appeal before the ld. CIT(A), who partly allowed the appeal of the assessee, sustaining the addition of Rs.1,00,00,000/- and deleting the addition of Rs.3,81,68,114/-. 2.4 Now, the Revenue has approached this Tribunal challenging the impugned order

8
Disallowance6
Condonation of Delay5

MOHD. ASFAND AKHTAR,KANPUR vs. DEPUTI COMMISSIONER OF INCOME TAX CC-2, KANPUR

In the result, the appeal of Revenue in ITA

ITA 139/LKW/2022[2018-19]Status: DisposedITAT Lucknow26 Sept 2025AY 2018-19

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Dcit, Cc-2 V. Shri Mohammad Asfand Laxmi Niwas, 10/503, Akhtar Allenganj, Kanpur-208001. Plot No.02, Block-B, Scheme-39, Ram Rai Ki Sarai, Jajmau, Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Assessment Year: 2018-19 Shri Mohammad Asfand Akhtar V. Dcit, Central Circle-Ii Plot No.02, Block-B, Scheme-39, 10/503, Allenganj, Kanpur- Ram Rai Ki Sarai, Jajmau, 208001. Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Appellant By: Shri Ashish Jaiswal, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

For Appellant: Shri Ashish Jaiswal, AdvocateFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 143(3)Section 36(1)(va)Section 37Section 41Section 41(1)Section 68Section 69C

u/s 148 of the Act on the basis of survey carried out on assessee. In these two years, there is no issue of commission on sales and the only issue involved in these two years, the addition made by the Assessing Officer on the basis of same statement, which has been recorded u/s 133A of the Act. During assessment year

DY.COMMISSIONER OF INCOME TAX,CC-2,, KANPUR vs. SHRI.MOHAMMAD ASFAND AKHTAR, KANPUR

In the result, the appeal of Revenue in ITA

ITA 144/LKW/2022[2018-19]Status: DisposedITAT Lucknow26 Sept 2025AY 2018-19

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Dcit, Cc-2 V. Shri Mohammad Asfand Laxmi Niwas, 10/503, Akhtar Allenganj, Kanpur-208001. Plot No.02, Block-B, Scheme-39, Ram Rai Ki Sarai, Jajmau, Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Assessment Year: 2018-19 Shri Mohammad Asfand Akhtar V. Dcit, Central Circle-Ii Plot No.02, Block-B, Scheme-39, 10/503, Allenganj, Kanpur- Ram Rai Ki Sarai, Jajmau, 208001. Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Appellant By: Shri Ashish Jaiswal, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

For Appellant: Shri Ashish Jaiswal, AdvocateFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 143(3)Section 36(1)(va)Section 37Section 41Section 41(1)Section 68Section 69C

u/s 148 of the Act on the basis of survey carried out on assessee. In these two years, there is no issue of commission on sales and the only issue involved in these two years, the addition made by the Assessing Officer on the basis of same statement, which has been recorded u/s 133A of the Act. During assessment year

ABDUL HAMEED CHIKWA,KANPUR vs. ACIT, KANPUR

In the result, both the appeals in ITA

ITA 64/LKW/2017[2003-04]Status: DisposedITAT Lucknow12 Feb 2025AY 2003-04
For Respondent: \nShri Rakesh Garg, Adv
Section 133(6)Section 143(3)Section 271(1)(c)Section 80HSection 8O

u/s 143(3) and another against penalty proceedings\nu/s 271(1)(c), are directed against the order of Ld. Commissioner\nof Income-tax (Appeals)-I, Kanpur [hereinafter referred as to “Ld.\nCIT(A)"] dated 25.10.2016, pertaining to the assessment year\n2013-14. For the sake of convenience, these two appeals are\nhereby disposed of through this consolidated order. The assessee

ABDUL HAMEED CHIKWA,KANPUR vs. ACIT, KANPUR

In the result, both the appeals in ITA

ITA 63/LKW/2017[2003-04]Status: DisposedITAT Lucknow12 Feb 2025AY 2003-04
Section 133(6)Section 143(3)Section 271(1)(c)Section 80H

u/s 143(3) and another against penalty proceedings\nu/s 271(1)(c), are directed against the order of Ld. Commissioner\nof Income-tax (Appeals)-I, Kanpur [hereinafter referred as to “Ld.\nCIT(A)"] dated 25.10.2016, pertaining to the assessment year\n2013-14. For the sake of convenience, these two appeals are\nhereby disposed of through this consolidated order. The assessee

REETA DEVI,BANNA MAU LALGANJ RAEBARELI vs. COMMISSIONER OF INCOME TAX(APPEALS) INCOME TAX DEPARTMENT, RAEBARELI

In the result, both the appeals are treated as allowed, for statistical purposes

ITA 439/LKW/2024[2015-16]Status: DisposedITAT Lucknow24 Jan 2025AY 2015-16

Bench: Shri. Sudhanshu Srivastava & Shri Anadee Nath Misshra

For Appellant: NoneFor Respondent: Shri Sunil Kumar Rajwanshi, D.R
Section 133(6)Section 144Section 147Section 271(1)(c)Section 69ASection 69C

133(6) of the Income Tax Act, 1961 (hereinafter called “the Act’) to Bank of India and obtained Bank Account Statement of Account No.702120110000128 relating to the assessee for the year under consideration. As per the Bank Statement furnished by the Bank, the total credits in the assessee’s Bank Account was of Rs.90,76,952/-. Since the nature

REETA DEVI,BANNAMAU LALGANJ RAEBARELI vs. COMMISSIONER OF INCOME TAX (APPEALS) INCOME TAX DEPARTMENT, RAEBARELI

In the result, both the appeals are treated as allowed, for statistical purposes

ITA 440/LKW/2024[2015-16]Status: DisposedITAT Lucknow24 Jan 2025AY 2015-16

Bench: Shri. Sudhanshu Srivastava & Shri Anadee Nath Misshra

For Appellant: NoneFor Respondent: Shri Sunil Kumar Rajwanshi, D.R
Section 133(6)Section 144Section 147Section 271(1)(c)Section 69ASection 69C

133(6) of the Income Tax Act, 1961 (hereinafter called “the Act’) to Bank of India and obtained Bank Account Statement of Account No.702120110000128 relating to the assessee for the year under consideration. As per the Bank Statement furnished by the Bank, the total credits in the assessee’s Bank Account was of Rs.90,76,952/-. Since the nature

SHASHI INFRA CONSTRUCTION PVT. LTD.,LUCKNOW vs. ITO, LUCKNOW

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 353/LKW/2023[2016-17]Status: DisposedITAT Lucknow11 Sept 2025AY 2016-17

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraassessment Year: 2016-17 Shashi Infra V. The Constructions Pvt Ltd Addl/Joint/Deputy/Asstt/Income 328B, 5Th Lane Rajendra Tax Officer, Lucknow Nagar, Lucknow-226004. National Faceless Assessment Centre Delhi Tan/Pan:Aaucs5802M (Appellant) (Respondent) Appellant By: Shri Saurabh Gupta, C.A. Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

For Appellant: Shri Saurabh Gupta, C.AFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 144Section 144BSection 147Section 148Section 253(3)Section 694ASection 69A

133(6) of the Act. It was concluded post Investigation that the Appellant could not explain the source of investment in the property amounting to Rs.5,00,00,000/-. The I & Cl wing shared this report with the AO through proper channel. The AO applied his mind on this report and formed a reasonable belief that there is escapement

GOPAL JI MISHRA,LUCKNOW vs. ITO-6(5), LUCKNOW

In the result, the appeal of the assessee stands allowed for statistical purposes

ITA 349/LKW/2024[2013-14]Status: DisposedITAT Lucknow20 Mar 2025AY 2013-14

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2013-14 Gopal Ji Mishra V. The Income Tax Officer 6(5) K-1218, Ashiana Lucknow - New Kanpur Road, Lucknow Tan/Pan:Akjpm8317M (Appellant) (Respondent) Appellant By: Shri P. K. Kapoor, C.A. Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 18 03 2025 Date Of Pronouncement: 20 03 2025 O R D E R

For Appellant: Shri P. K. Kapoor, C.AFor Respondent: Shri Sanjeev Krishna Sharma, D.R
Section 133(6)Section 142(1)Section 147Section 148Section 271(1)(c)Section 50CSection 69A

133(6) of the Act, made various additions and completed the assessment under section 147 read with 144 of the Act, computing the income of the assessee as under: Addition of Income from Salary : Rs.6,00,000/- Addition of interest income : Rs.29,848/- Addition u/s. 69A of the Act : Rs.15,85,904/- Addition u/s. 50C of the Act : Rs.25

NITIN DWIVEDI,HARDOI vs. CIT(A), HARDOI

In the result, the appeal of the assessee stands allowed for statistical purposes

ITA 362/LKW/2025[2017-18]Status: DisposedITAT Lucknow31 Dec 2025AY 2017-18

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2017-18 Nitin Dwivedi V. The Ito – 3(3) Avas Vikas Colony Hardoi Prahladpuri, Hardoi (U.P) Tan/Pan:Ajfpd9057Q (Appellant) (Respondent) Appellant By: None Respondent By: Shri R.R.N. Shukla, D.R. O R D E R

For Appellant: NoneFor Respondent: Shri R.R.N. Shukla, D.R
Section 115BSection 133(6)Section 142(1)Section 143(3)Section 144Section 250(6)Section 271ASection 69A

133(6) of the Act. However, the AO observed that the assessee had made cash deposits of Rs.19,18,000/- during the year under consideration in his bank accounts and had offered no explanation about the nature and source of acquisition of those cash deposits and that, therefore, the AO invoked the provisions of section

DHIRENDRA PRATAP,LUCKNOW vs. INCOME TAX OFFICER-3(2), WARD-3(2), HARDOI

In the result, the appeal of the assessee stands allowed

ITA 467/LKW/2025[2011-12]Status: DisposedITAT Lucknow07 Jan 2026AY 2011-12

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2011-12 Dhirendra Pratap V. The Income Tax Officer A-16/1052, Sector 15 Ward 3(2) Near Vasundhra Complex Hardoi Indira Nagar, Lucknow (U.P) Tan/Pan:Ayepp3148C (Applicant) (Respondent) Applicant By: Shri Rakesh Garg, Advocate Respondent By: Shri R.R.N. Shukla, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 19.12.2024, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2011-12. 2.0 The Brief Facts Of The Case Are That The Assessee Filed His Return Of Income For The Year Under Consideration On 06.11.2018 Declaring A Total Income Of Rs.1,75,750/-. The Income Tax Department Was In Possession Of Information That The Assessee Had Deposited Cash To The Tune Of Rs.19,81,000/- In His Bank Account. The Assessing Officer (Ao) Issued A Query Letter Under Section 133(6) Of The Income Tax Act, 1961 (Hereinafter Called “The Act’) On 04.01.2018, Requiring The Assessee To Furnish The Source Of Cash Deposits Along With Other Evidentiary Proof, In Response To Which The Assessee Filed Reply On 07.02.2018. Since

For Respondent: Shri R.R.N. Shukla, D.R
Section 133(6)Section 142(1)Section 144Section 147Section 148Section 154Section 251Section 271(1)(c)

133(6) of the Income Tax Act, 1961 (hereinafter called “the Act’) on 04.01.2018, requiring the assessee to furnish the source of cash deposits along with other evidentiary proof, in response to which the assessee filed reply on 07.02.2018. Since ITA No.467/LKW/2025 Page 2 of 7 the AO was not satisfied with the reply furnished by the assessee, he reopened

SHIV ASREY SINGH,KANPUR vs. DY.CIT-2, KANPUR

The appeal of the assessee stands partly allowed

ITA 579/LKW/2024[2012-13]Status: DisposedITAT Lucknow03 Jul 2025AY 2012-13

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2012-13 Shiv Asrey Singh V. The Dcit-2 Sb-17, Sbi Colony Kanpur Ratanlal Nagar Kanpur Tan/Pan:Aizps6999M (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, Advocate Respondent By: Shri Sanjeev Krishna Sharma, D.R. O R D E R

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Shri Sanjeev Krishna Sharma, D.R
Section 10(38)Section 115BSection 143(2)Section 147Section 148Section 271(1)(c)

penalty proceedings under section 271(1)(c) of the Act, separately. 2.2 Aggrieved, the Assessee preferred an appeal before the Ld. First Appellate Authority challenging the initiation of re- assessment proceedings as well as on merits. Subsequently, the appeal of the assessee was migrated to NFAC, who dismissed the appeal of the assessee by upholding the reassessment proceedings as well

ACIT, CENTRAL CIRCLE-II, LUCKNOW, LUCKNOW vs. RAKESH KUMAR PANDEY, GONDA U.P.

In the result, the outcome of the appeals and Cross Objections are as under:

ITA 460/LKW/2025[2017-18]Status: DisposedITAT Lucknow11 Dec 2025AY 2017-18

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 132Section 253(3)

u/s 50C/142A in response to which Valuation Officer, Allahabad has estimated the FMV of lease property as on 04/10/2013 at Rs. 43,46,000/- against actual consideration of Rs. 31,45,000/- vide valuation report dt. 14/06/2024. The relevant para of Assessment Order is as under: 7. During the year under consideration, the assessee was found to have purchased

RAKESH KUMAR PANDEY,GONDA vs. DCIT/ACIT (CENTRAL)-2, LUCKNOW

In the result, the outcome of the appeals and Cross Objections are as under:

ITA 351/LKW/2025[2018-19]Status: DisposedITAT Lucknow11 Dec 2025AY 2018-19

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 132Section 253(3)

u/s 50C/142A in response to which Valuation Officer, Allahabad has estimated the FMV of lease property as on 04/10/2013 at Rs. 43,46,000/- against actual consideration of Rs. 31,45,000/- vide valuation report dt. 14/06/2024. The relevant para of Assessment Order is as under: 7. During the year under consideration, the assessee was found to have purchased

RAKESH KUMAR PANDEY,GONDA vs. DCIT/ACIT (CENTRAL)-2, LUCKNOW

In the result, the outcome of the appeals and Cross Objections are as under:

ITA 349/LKW/2025[2016-17]Status: DisposedITAT Lucknow11 Dec 2025AY 2016-17

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 132Section 253(3)

u/s 50C/142A in response to which Valuation Officer, Allahabad has estimated the FMV of lease property as on 04/10/2013 at Rs. 43,46,000/- against actual consideration of Rs. 31,45,000/- vide valuation report dt. 14/06/2024. The relevant para of Assessment Order is as under: 7. During the year under consideration, the assessee was found to have purchased

SHYAM SUNDER GUPTA,KANPUR vs. DY. COMMISSIONER OF INCOME TAX-1, KANPUR

In the result, the appeal of the assessee is dismissed

ITA 168/LKW/2017[2012-13]Status: DisposedITAT Lucknow06 May 2025AY 2012-13
Section 150Section 150(1)Section 153(3)(ii)Section 2(22)(e)Section 251(2)Section 41(1)

penalty proceedings u/s 271(1)(C) of\nthe Act are being initiated separately. (Addition: Rs.13,26,600/-)\nThe assessee's submission as under:\nThe AO has held that the balance of Rs.13,26,600/- being amount\nbrought forward from earlier years in the name M/s Scraptin Enterprises,\nKanpur has ceased to be payable as per the confirmation obtained

SRI SAINATH ASSOCIATES,LUCKNOW vs. DY.CIT-6, LUCKNOW

In the result, the appeal is partly allowed for statistical purposes

ITA 649/LKW/2024[2017-18]Status: DisposedITAT Lucknow11 Sept 2025AY 2017-18

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

Section 143(3)Section 253(3)

133 TTJ (AHD)(UO) 27] Business expenditure - Allowability - Sales promotion expenses — assessee company has incurred Rs. 2,28,960/on the foreign trip of doctors - Assessee had incurred the expenditure on sponsorship of different programs and seminars on different occasions, as the doctors are the major role player in the profit earning process of the assessee — Assessee has established the genuineness