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11 results for “penalty u/s 271”+ Unexplained Investmentclear

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Key Topics

Section 689Section 41(1)8Addition to Income8Section 271(1)(c)7Section 143(3)6Section 1325Section 253(3)4Section 69C4Penalty

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

investments in immovable property remained unexplained. The entire purchase consideration of Rs. 5,00,00,000/- is treated as unexplained money u/s 69A and added to total income of the assessee. Penalty proceeding are initiated separately u/s 271

4
Search & Seizure4
Condonation of Delay4
Section 10(38)3

M/S JUPITER TRADELINKS PRIVATE LIMITED,LUCKNOW vs. DY,. COMMISSIONER OF INCOME TAX, CC-1, LUCKNOW

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

ITA 71/LKW/2025[2013-14]Status: DisposedITAT Lucknow29 Aug 2025AY 2013-14

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2013-14 M/S Jupiter Tradelinks Private Vs. Dcit, Limited, Dobiriyal Complex Gole Central Circle-1, Lucknow Market Mahanagar, Lucknow Pan: Aaccj0525G (Appellant) (Respondent) Assessee By: Sh. Akshay Agarwal, Advocate Revenue By: Sh. R.K. Agarwal, Cit Dr Date Of Hearing: 30.07.2025 Date Of Pronouncement: 29.08.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A)-3, Lucknow Under Section 250 Of The Income Tax Act, 1961 On 26.11.2024 Dismissing The Appeals Of The Assessee Against The Orders Of The Ld. Ao Dated 4.06.2019, Passed Under Section 271(1)(C). The Grounds Of Appeal Are As Under: - “1. The Learned Cit(A) Has Erred In Both Law & Facts Of The Case By Confirming The Penalty Of 2,20,41,900/- Levied By The Assessing Officer. 2. The Learned Cit(A) Has Failed To Appreciate That: A. The Appellant Has Neither Concealed The Particulars Of Its Income Nor Furnished Any Inaccurate Particulars Of Income; B. There Was No Failure On The Part Of The Appellant In Truly & Fully Disclosing All Material Facts C. Mere Disallowance Or Rejection Of The Claim Or Stand Taken By The Appellant Based On Reasonable Interpretation Of The Law Is Not Sufficient To Attract Penalty U/S 271(1)(C) 3. The Amount Of Penalty Confirmed By The Learned Cit(A) Is Invalid, Excessive & Unreasonable.”

For Appellant: Sh. Akshay Agarwal, AdvocateFor Respondent: Sh. R.K. Agarwal, CIT DR
Section 144Section 250Section 271(1)(c)Section 68

u/s 271(1)(c) 3. The amount of penalty confirmed by the learned CIT(A) is invalid, excessive and unreasonable.” 1 A.Y. 2013-14 M/s Jupiter Tradelinks Pvt. Ltd. 2. The facts of the case are that the assessee company filed its return of income for the assessment year 2013-14, declaring a net income of Rs. 15,952/-. Subsequently

VIPIN DWIVEDI ,LUCKNOW vs. ASSESSING OFFICER, , NFAC

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

ITA 241/LKW/2025[2016-17]Status: DisposedITAT Lucknow30 Jun 2025AY 2016-17

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2016-17 Vipin Dwivedi V. The Assessing Officer C-272, Nirala Nagar Nfac Lucknow Tan/Pan:Aiapd4894M (Appellant) (Respondent) Appellant By: None Respondent By: Shri R. K. Agarwal, Cit(Dr) Date Of Hearing: 10 06 2025 Date Of Pronouncement: 30 06 2025 O R D E R

For Appellant: NoneFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 115BSection 143(3)Section 147Section 148Section 234ASection 68Section 69

u/s. 68 of the Act : Rs.22,00,000/- Total income : Rs.3,83,55,508/- ITA No.241/LKW/2025 Page 3 of 5 2.1 The AO also invoked the provisions of section 115BBE of the Act and initiated penalty proceedings under sections 271(1)(b) and 271(1)(c) of the Act, separately. 3. Aggrieved, the Assessee preferred an appeal before

ASSTT. COMMISSIONER OF INCOME TAX, LUCKNOW vs. SHRI BHUPINDER SINGH TALWAR, LUCKNOW

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

ITA 130/LKW/2015[2009-10]Status: DisposedITAT Lucknow08 Apr 2025AY 2009-10
For Appellant: \nShri Samrat Chandra, C.AFor Respondent: \nShri Manu Chaurasia, CIT(DR)
Section 132Section 143(3)Section 153CSection 158BSection 271(1)(c)Section 292CSection 69

penalty proceeding u/s 271(1)(c) is also\nbeing initiated separately.\n(2.1) The assessee filed appeal against the aforesaid assessment\norder vide impugned appellate order dated 17.11.2014, the Ld.\nCIT(A) deleted both the aforesaid additions. The relevant portion\nof the impugned appellate order dated 17.11.2014 of the Ld.\nCIT(A) is reproduced as under: -\n\"FINDING for ground

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

SHRI SWATANTRA KUMAR SHUKLA,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX-3, KANPUR

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

ITA 575/LKW/2019[2015-16]Status: DisposedITAT Lucknow24 Nov 2025AY 2015-16

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2015-16 Swatantra Kumar Shukla, Vs. Dy. Cit-3, Kanpur 61/139, Sita Ram Mohal, Kanpur- 208001 (U.P.) Pan: Acaps5484N (Appellant) (Respondent) Assessee By: Sh. P.K. Kapoor, C.A. Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 03.09.2025 Date Of Pronouncement: 24.11.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A)- 1, Kanpur, Passed On 29.07.2019 Wherein The Appeal Of The Assessee Against The Orders Passed By The Assessing Officer Under Section 143(3) Of The Act For The A.Y. 2015-16 On 29.12.2017 Has Been Dismissed. The Grounds Of Appeal Are As Under: - “1. That The Ld Cit(A) Was Wrong In Confirming The Addition Of Rs. 1,39,81,850- Made By The Ao Without Any Valid Reason. 2. That The Revenue Was Wrong In Disallowing The Claim Of Long Term Capital Gains U/S 10(38) Of The Act & The Same Is Against Facts & Law. 3. That The Various Case Law Cited By The Revenue In Rejecting The Claim Is Wrong In As Much As The Facts Of The Appellant'S Case Are Distinguishable From The Cited Case Law. 4. That The Revenue Was Wrong In Invoking Section 68 Of The Act & The Same Is Not Justified & Unwarranted. 5. That It Was Wrong On The Part Of Revenue To Invoke Section 68 Of The Act In As Much As Initial Onus On The Assessee To Establish Identity, Credit Capacity Of The Creditor & Genuineness Of The Transaction Was Discharged. 6. That The Finding Of The Ld Ao That 'Long Term Capital Gains Of Rs.1 39,81,850/ Claimed By The Assessee Is Held To Have Been Arranged By The Assessee Through

For Appellant: Sh. P.K. Kapoor, C.AFor Respondent: Sh. R.R.N. Shukla, Addl CIT DR
Section 10(38)Section 143(3)Section 68

u/s 10(38) of the Act and the same is against facts and law. 3. That the various case law cited by the Revenue in rejecting the claim is wrong in as much as the facts of the appellant's case are distinguishable from the cited case law. 4. That the Revenue was wrong in invoking section

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)

investments made by the assessee- company in immovable properties, were found to have been recorded, on the basis of which, statement of Shri Aslam Saeed, Director of the assessee-company was recorded. In the statement recorded under section 131 of the Act on 18.02.2015 and 11.03.2015, Shri Saeed Ahmad voluntarily surrendered an additional income of Rs.1,00,00,000/-, which

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)

investment in construction of house properties. The detail of compliance made during assessment proceeding is as under: AY 2014-15 Reply dt. Page of PB Description Remarks 11-05-2023 48 General 05-09-2023 49 General 08-02-2024 50-52 General Bank Statement, Turnover reconciliation 26-02-2024 SCN issued NP Rate applied @11% not mentioned

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)

investment in construction of house properties. The detail of compliance made during assessment proceeding is as under: AY 2014-15 Reply dt. Page of PB Description Remarks 11-05-2023 48 General 05-09-2023 49 General 08-02-2024 50-52 General Bank Statement, Turnover reconciliation 26-02-2024 SCN issued NP Rate applied @11% not mentioned

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)

investment in construction of house properties. The detail of compliance made during assessment proceeding is as under: AY 2014-15 Reply dt. Page of PB Description Remarks 11-05-2023 48 General 05-09-2023 49 General 08-02-2024 50-52 General Bank Statement, Turnover reconciliation 26-02-2024 SCN issued NP Rate applied @11% not mentioned