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13 results for “penalty u/s 271”+ Section 45clear

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Mumbai495Delhi486Jaipur145Ahmedabad142Bangalore122Raipur118Hyderabad106Indore73Chennai73Pune61Kolkata60Chandigarh49Rajkot44Allahabad43Surat29Amritsar29Visakhapatnam27Nagpur20Patna18Guwahati16Cuttack14Lucknow13Jodhpur10Jabalpur7Cochin7Ranchi3Dehradun2Agra1Varanasi1

Key Topics

Section 41(1)10Addition to Income10Condonation of Delay7Section 271(1)(c)6Penalty6Disallowance5Limitation/Time-bar5Natural Justice5Section 143(3)

RAJNESH KUMAR,SITAPUR vs. THE INCOME TAX OFFICER, SITAPUR

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

ITA 303/LKW/2025[2015-16]Status: DisposedITAT Lucknow09 Jan 2026AY 2015-16

Bench: Shri Kul Bharat & Shri Nikhil Choudhary

For Appellant: Shri K. R. Rastogi, CAFor Respondent: Shri R. R. N. Shukla, Addl. CIT(DR)
Section 271(1)(b)Section 44ASection 69A

Section 44AD of the Act @ 8% amounting to Rs.6,00,807/-. The Assessing Authority in para no. 4.5.2 of the assessment order, has stated that the payments made by the above entities on purchase of liquor and collected tax at source u/s 206CA of the Act does not appear to be made in the mode of cash. While there appears

RAJNESH KUMAR,SITAPUR vs. THE INCOME TAX OFFICER, SITAPUR

4
Section 271(1)(b)4
Section 44A4
Section 69A4

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

ITA 301/LKW/2025[2015-16]Status: DisposedITAT Lucknow09 Jan 2026AY 2015-16

Bench: Shri Kul Bharat & Shri Nikhil Choudhary

For Appellant: Shri K. R. Rastogi, CAFor Respondent: Shri R. R. N. Shukla, Addl. CIT(DR)
Section 271(1)(b)Section 44ASection 69A

Section 44AD of the Act @ 8% amounting to Rs.6,00,807/-. The Assessing Authority in para no. 4.5.2 of the assessment order, has stated that the payments made by the above entities on purchase of liquor and collected tax at source u/s 206CA of the Act does not appear to be made in the mode of cash. While there appears

RAJNESH KUMAR,SITAPUR vs. THE INCOME TAX OFFICER, SITAPUR

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

ITA 304/LKW/2025[2015-16]Status: DisposedITAT Lucknow09 Jan 2026AY 2015-16

Bench: Shri Kul Bharat & Shri Nikhil Choudhary

For Appellant: Shri K. R. Rastogi, CAFor Respondent: Shri R. R. N. Shukla, Addl. CIT(DR)
Section 271(1)(b)Section 44ASection 69A

Section 44AD of the Act @ 8% amounting to Rs.6,00,807/-. The Assessing Authority in para no. 4.5.2 of the assessment order, has stated that the payments made by the above entities on purchase of liquor and collected tax at source u/s 206CA of the Act does not appear to be made in the mode of cash. While there appears

RAJNESH KUMAR,SITAPUR vs. THE INCOME TAX OFFICER, SITAPUR

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

ITA 302/LKW/2025[2015-16]Status: DisposedITAT Lucknow09 Jan 2026AY 2015-16

Bench: Shri Kul Bharat & Shri Nikhil Choudhary

For Appellant: Shri K. R. Rastogi, CAFor Respondent: Shri R. R. N. Shukla, Addl. CIT(DR)
Section 271(1)(b)Section 44ASection 69A

Section 44AD of the Act @ 8% amounting to Rs.6,00,807/-. The Assessing Authority in para no. 4.5.2 of the assessment order, has stated that the payments made by the above entities on purchase of liquor and collected tax at source u/s 206CA of the Act does not appear to be made in the mode of cash. While there appears

CO-OPERATIVE CANE DEVELOPMENT UNION LIMITED MAHOLI AYYUBI CHAMBER, RANIGANJ, LAKHIMPUR KHERI-262001,LAKHIMPUR KHERI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, SITAPUR-NEW, SITAPUR

In the result, the appeal of the assessee is partly allowed

ITA 164/LKW/2023[2014-15]Status: DisposedITAT Lucknow30 Sept 2024AY 2014-15

Bench: SH. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SH. NIKHIL CHOUDHARY (Accountant Member)

For Appellant: Sh. Shubham Rastogi, C.AFor Respondent: Sh. Sanjeev Krishna Sharma, Addl CIT
Section 250Section 271(1)Section 271(1)(c)Section 274Section 80P

u/s 271(1)(c) of I. T. Act. (4) The penalty imposed is highly excessive, contrary to the facts, law and principle of natural justice and without providing sufficient opportunity to have its say on the reasons relied upon by the Ld. A.Ο.” 2. The facts of the case are that the case was taken up for scrutiny through

M/S ALLIANCE BUILDERS & CONTRACTORS LTD.,KANPUR vs. ASTT. COMMISSIONER OF INCOME TAX, KANPUR

In the result, the appeal of the assessee is partly allowed

ITA 126/LKW/2016[2011-12]Status: DisposedITAT Lucknow05 Dec 2024AY 2011-12

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraassessment Year: 2011-12 M/S. Alliance Builders & Asst.Commissioner Of V. Contractors Ltd Income Tax, Central Circle-2 C/O 24/4, The Mall, Kanpur. Laxmi Niwas, 10/503, Allen Ganj, Kanpur. Pan:Aaeca8217A (Appellant) (Respondent) Appellant By: Shri Shubham Rastogi, C.A. Respondent By: Shri Sunil Kumar Rajwanshi, Addl. Cit(Dr) Date Of Hearing: 28 11 2024 O R D E R

For Appellant: Shri Shubham Rastogi, C.AFor Respondent: Shri Sunil Kumar Rajwanshi, Addl
Section 115JSection 142Section 142(1)Section 143(3)Section 40aSection 80I

45,75,195/- u/s 115JB as deemed income suggesting that on the income determined u/s 115JB of the Act was found to higher than the tax worked out on the income determined under the normal provisions of the Act. 4. Vide Para (2) of the notice under section 142(1) dated 26.09.2013, it was specifically required to furnish copy

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

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

SHRI KINGSHUK GHOSHAL,LUCKNOW vs. INCOME TAX OFFICER-6(5), LUCKNOW

The appeal of the assessee stands allowed

ITA 200/LKW/2018[2012-13]Status: DisposedITAT Lucknow25 Aug 2025AY 2012-13

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2012-13 Shri Kinghshuk Ghoshal V. The Ito 6(5) E-402, Halwasiya Utsav Enclave Lucknow Opposite Hal, Faizabad Road Lucknow Tan/Pan:Affpg3258L (Appellant) (Respondent) Appellant By: Shri P. K. Kapoor, C.A. Respondent By: Shri Sunil Kumar Rajwanshi, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against Order Dated 26.12.2017, Passed By The Learned Commissioner Of Income Tax (Appeal), Lucknow-3 (Ld. Cit(A)) For Assessment Year 2012-13. 2.0 The Brief Facts Of The Case Are That The Assessee Filed His Return Of Income For The Year Under Consideration On 29.11.2012, Declaring A Total Income Of Rs.1,05,233/-. The Case Of The Assessee Was Selected For Scrutiny Under Cass. During The Course Of Assessment Proceedings, The Assessing Officer (Ao) Noticed That The Assessee Was Earning Interest Income From Saving Bank Deposits & Fdrs & That The Assessee Had Claimed Exemption Of Rs.71,54,619/- Under Section 54 Of The Income Tax Act, 1961 (Hereinafter Called “The Act’). During The

For Appellant: Shri P. K. Kapoor, C.AFor Respondent: Shri Sunil Kumar Rajwanshi, D.R
Section 143Section 143(2)Section 143(3)Section 271(1)(c)Section 45Section 54Section 80E

45 of the Act. 2.1 Further, from the computation of income, the AO noticed that the assessee had earned interest on FDRs and Saving Bank account maintained with SBI Patiala, Branch Gurgaon, to the tune of Rs.2,42,339/-. Since the Bank account was held jointly with his wife, Smt. Nandini Ghoshal, 50% of the interest income, which came

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)

45°o of total income for the year. Therefore by taking Rs.3,75,000/- as\ntax paid by the company on income of Rs.8,33,300/-, the total\naccumulated profits with the company upto the month of September 2011\nwere at Rs.70,64,782/- (Rs.62,31,452/- + Rs.8 33,330). Since the amount\nof loan received by the assessee

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)

45,000/- from Smt. Pushplata Saran, Shri. Saurabh Saran, Shri. Shobhit Saran and Shri.Shresh Saran on 04/10/2013 against stamp duty value at Rs. 92,76,000/-. Thereafter, the said lease property was converted into freehold through registered deed on 24/10/2017. During the assessment proceeding of AY 2014-15, AO has referred the valuation of said property u/s 50C/142A in response

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)

45,000/- from Smt. Pushplata Saran, Shri. Saurabh Saran, Shri. Shobhit Saran and Shri.Shresh Saran on 04/10/2013 against stamp duty value at Rs. 92,76,000/-. Thereafter, the said lease property was converted into freehold through registered deed on 24/10/2017. During the assessment proceeding of AY 2014-15, AO has referred the valuation of said property u/s 50C/142A in response

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)

45,000/- from Smt. Pushplata Saran, Shri. Saurabh Saran, Shri. Shobhit Saran and Shri.Shresh Saran on 04/10/2013 against stamp duty value at Rs. 92,76,000/-. Thereafter, the said lease property was converted into freehold through registered deed on 24/10/2017. During the assessment proceeding of AY 2014-15, AO has referred the valuation of said property u/s 50C/142A in response