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80 results for “penalty u/s 271”+ Section 133Aclear

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Key Topics

Section 271(1)(c)122Section 153A76Addition to Income66Section 13260Section 143(3)57Section 133A50Penalty49Survey u/s 133A48Section 6843

ACIT-3(4), MUMBAI vs. RELIANCE INDUSTRIES LIMITED, MUMBAI

In the result, the appeal of the Revenue is dismissed whereas the appeal of the assessee is allowed

ITA 2898/MUM/2024[2016-17]Status: DisposedITAT Mumbai22 Nov 2024AY 2016-17

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2016-17 Reliance Industries Ltd., Dy. Cit Circle 3(4), 3Rd Floor, Maker Chamber Iv 222 Room No. 559, Aayakar Bhavan, Nariman Point, Vs. Maharshi Karve Road, Mumbai-400021. Mumbai-400020. Pan No. Aaacr 5055 K Appellant Respondent Assessment Year: 2016-17 Acit-3(4), Reliance Industries Ltd., Room No. 481(2), 4Th Floor, 3Rd Floor, Maker Chamber Iv Aayakar Bhavan, N.M. Road, Vs. Nariman Point, New Marine Lines, Mumbai-400021. Mumbai-400020. Pan No. Aaacr 5055 K Appellant Respondent

For Respondent: Mr. Madhur Agrawal
Section 14ASection 271(1)(c)Section 32A

section 271(1)(c). [Para 9.1] In view of aforesaid, impugned order of the Commissioner (Appeals) deleting penalty was to be upheld..' Thus, respectfully following the decision of Hon'ble Supreme Court in the case of K C Builders (supra), the penalty u/s.271(1)(c) levied by the AO on transfer pricing adjustment is deleted. 7.3.3.7 The levy of penalty

Showing 1–20 of 80 · Page 1 of 4

Section 14843
Section 14738
Business Income16

M/S SANGEETA RUSHIKESH DOIPHODE,MUMBAI vs. INCOME TAX OFFICER-15(3)(1), MUMBAI

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

ITA 1976/MUM/2023[2016-2017]Status: DisposedITAT Mumbai08 Sept 2023AY 2016-2017

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2016-17 Smt. Sangeeta Rushikesh Ito-15(3)(1), Doiphode, Room No. 456, 4Th Floor, 8/158, Navrang Society, Vs. Aayakar Bhavan, M.K. Road, Chaitanya Nagar, Mumbai, Mumbai-400020. Santacruz (East) S.O. 400055. Pan No. Achpd 5219 R Appellant Respondent

For Appellant: Mr. Rakesh JoshiFor Respondent: Mr. Nayanjyoti Nath, Sr. DR
Section 133ASection 142(1)Section 147Section 148Section 271(1)(b)

penalty of Rs.10,000/- levied u/s 271(1)(b) of the Income-tax Act, 1961 (in short ‘the Act’) for non-compliance of notice issued by the Assessing Officer during assessment procedings. Smt. Sangeeta Rushikesh Doiphode Smt. Sangeeta Rushikesh 2 2. Briefly stated, facts of the case are that the assessee filed Briefly stated, facts of the case are that

ANATEK SERVICES PVT LTD,MUMBAI vs. INCOME TAX OFFICER -14(1)(1), MUMBAI

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

ITA 366/MUM/2025[1999-00]Status: DisposedITAT Mumbai30 Apr 2025AY 1999-00

Bench: Shri. Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm

For Appellant: Shri. Haridas BhatFor Respondent: Shri. Ram Krishn Kedia (SR. DR.)
Section 133Section 143(1)Section 143(3)Section 250Section 271(1)(c)Section 274

271(1)(c) of the Act, for concealment of income to the tune of Rs. 30,65,075/-. 17. Aggrieved the assessee was in appeal before the first appellate authority, who vide order dated 03.12.2024, upheld the penalty levied by the ld. AO. 18. The assessee is in appeal before us, challenging the order

CHOUDHARY CONSTRUCTION CO.,GOREGAON -W vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 31(1), MUMBAI

ITA 4072/MUM/2023[2011-12]Status: DisposedITAT Mumbai20 Feb 2025AY 2011-12

Bench: Shri Sandeep Gosain & Ms. Padmavathy Svs. Acit, Circle – 31(1) Ms. Choudhari Mumbai – 400020. Constructions Co. 151/129, Sidharth Nagar, Road No. 5, Behind Cinemax Cinema, S.V. Road, Goregoan (W), Mumbai – 400062. Pan/Gir No. Aabfc2689N (Applicant) (Respondent)

Section 133ASection 143(3)Section 250Section 271(1)(c)

271(1)(c) of the Act, once the AO was not sure regarding which limb of penalty provision he intends to press into, therefore his action of levy of penalty is against the provisions of law. It was submitted that the penalty in the present case had been levied without issuing of mandatory notice and on both the limb

LORDS INN HOTELS AND DEVELOPERS PRIVATE LIMITED,ANDHERI WEST vs. DCIT, CENTRAL CIRCLE -3(1), NARIMAN POINT

ITA 3615/MUM/2023[2020-21]Status: DisposedITAT Mumbai30 Apr 2024AY 2020-21

Bench: SHRI B.R. BASKARAN, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

For Appellant: Shri Gaurav BansalFor Respondent: Shri Manoj Kumar Sinha
Section 133ASection 143(2)Section 270ASection 270A(9)Section 44A

133A of the Act was carried out in the case of Mr. Pushpendra Bansal on 05/09/2019. Subsequently, notice under Section 143(2) of the Act was issued to the Appellant on 28/06/2021. During the assessment proceedings, the Assessing Officer noted that the travel expenses at INR 3,01,601/- were debited in the books of account of the Appellant. During

ALLIED CONSTRUCTION COMPANY,MALAD vs. INCOME TAX OFFICER - 30 (1) (1), BANDRA

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

ITA 4121/MUM/2025[2012-13]Status: DisposedITAT Mumbai23 Sept 2025AY 2012-13

Bench: Shri Vikram Singh Yadav & Shri Raj Kumar Chauhanassessment Year : 2012-13 M/S. Allied Construction Ito-30(1)(1), Company, C-13, 5Th Floor, 4&5, Sai Zarukha Vs. Pratyakshakar Bhavan, B.J. Patel Road, Bandra East, Malad (West), Mumbai-400051. Mumbai-400064. Pan : Aapfa8255N (Appellant) (Respondent) Assessee By : Shri Jose Pulikkoden Revenue By : Shri Surendra Mohan, Sr.Dr

For Appellant: Shri Jose PulikkodenFor Respondent: Shri Surendra Mohan, Sr.DR
Section 133ASection 271(1)(c)

Section 271(1)(c) are quasi-criminal in nature, and in the absence of any material to establish contumacious conduct, deliberate falsity, or intention to mislead the tax authorities, the confirmation of penalty is bad in law and liable to be quashed. 9. That the CIT(A) has failed to consider the settled legal position that penalty cannot be sustained

D G LAND DEVELOPERS PRIVATE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -4(4), MUMBAI, MUMBAI

In the result, the appeals of the assessee for assessment year

ITA 403/MUM/2024[2016-17]Status: DisposedITAT Mumbai22 Aug 2024AY 2016-17

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh ()

For Respondent: Mr. Sanjeev Mehta a/w Saurabh
Section 132Section 4

section 43CA of the Act. 6. The Ld. AO has erred in initiating penalty proceedings u/s 274 The Ld. AO has erred in initiating penalty proceedings u/s 274 The Ld. AO has erred in initiating penalty proceedings u/s 274 r.w.s 271AAB(IA) of the Act r.w.s 271AAB(IA) of the Act vide letter dated 30.12.2018. The vide letter dated

D G LAND DEVELOPERS PRIVATE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -4(4), MUMBAI, MUMBAI

In the result, the appeals of the assessee for assessment year

ITA 404/MUM/2024[2015-16]Status: DisposedITAT Mumbai22 Aug 2024AY 2015-16

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh ()

For Respondent: Mr. Sanjeev Mehta a/w Saurabh
Section 132Section 4

section 43CA of the Act. 6. The Ld. AO has erred in initiating penalty proceedings u/s 274 The Ld. AO has erred in initiating penalty proceedings u/s 274 The Ld. AO has erred in initiating penalty proceedings u/s 274 r.w.s 271AAB(IA) of the Act r.w.s 271AAB(IA) of the Act vide letter dated 30.12.2018. The vide letter dated

D G LAND DEVELOPERS PRIVATE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -4(4), MUMBAI, MUMBAI

In the result, the appeals of the assessee for assessment year

ITA 402/MUM/2024[2017-18]Status: DisposedITAT Mumbai22 Aug 2024AY 2017-18

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh ()

For Respondent: Mr. Sanjeev Mehta a/w Saurabh
Section 132Section 4

section 43CA of the Act. 6. The Ld. AO has erred in initiating penalty proceedings u/s 274 The Ld. AO has erred in initiating penalty proceedings u/s 274 The Ld. AO has erred in initiating penalty proceedings u/s 274 r.w.s 271AAB(IA) of the Act r.w.s 271AAB(IA) of the Act vide letter dated 30.12.2018. The vide letter dated

TIRUPATI REDDY MUKKU,MUMBAI vs. DY COMMISSIONER OF INCOME TAX-27(3), MUMBAI

ITA 857/MUM/2023[2010-2011]Status: DisposedITAT Mumbai23 Jun 2023AY 2010-2011
For Appellant: Shri Nikhil NatekarFor Respondent: Ms. Richa Gulati
Section 133ASection 143(1)Section 143(3)Section 147Section 148Section 271(1)(c)

u/s 271(1)(c) without properly recording the reasons to levy penalty in the assessment order and there is no clear-cut finding and crystallized charge being conveyed by the learned officer and hence liable to be struck down.” The facts in brief are that the Appellant, proprietor of M/s Tirumala 3. Construction engaged in the work of civil constructions

PJL CLOTHING INDIA PRIVATE LIMITED,MUMBAI vs. DCIT 8 2 1, MUMBAI

In the result,the appeal of the In the result,the appeal of the assessee is dismissed

ITA 5916/MUM/2024[2016-17]Status: DisposedITAT Mumbai10 Feb 2025AY 2016-17

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarpjl Clothing India Pvt. V/S. Nfac/Dcit 8 2 1 Ltd. Aayakar Bhavan, M.K. बनाम 505, 506 Dalamal Road, Churchgate, Chambers, New Marine Mumbai-400020 Lines, Vitthaldasthackersey Marg, Churchgate, Maharashtra-400020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacp2782R .. Appellant/अपीलाथ" Respondent/""तवाद"

For Appellant: Mr. Satish ModiFor Respondent: Shri Mahesh Pamnani,Sr.DR
Section 143(3)Section 147Section 148Section 271(1)(c)Section 35Section 35(1)(ii)

271(1)(c) for furnishing of inaccurate particulars of income. inaccurate particulars of income. 4. In the subsequent appeal,the assessee submitted the same arguments as In the subsequent appeal,the assessee submitted the same arguments as In the subsequent appeal,the assessee submitted the same arguments as made before the AO.However,the ld.CIT(A) endorsed the findings and made

DCIT-1(2)1, MUMBAI, MUMBAI vs. BOMBAY RAYON HOLDINGS LIMITED, MUMBAI

In the result, all the four appeals by the Revenue having common ground are dismissed

ITA 5604/MUM/2024[2013-14]Status: DisposedITAT Mumbai27 Feb 2025AY 2013-14

Bench: Shri Saktijit Dey, Hon’Ble & Shri Girish Agrawal

For Appellant: NoneFor Respondent: Shri Kailash C, Kanojiya, CIT DR
Section 133ASection 143(3)Section 148Section 271(1)(c)

u/s. 271(1)(c) of the Act, dated 15.03.2022 for Assessment Year 2010-11. 2. There is a delay of 7 days noted by Registry in filing the present appeals before the Tribunal for which petition for condonation of delay is placed on record. We have considered the petition for condonation of the said delay. Upon perusal of the same

DCIT-1(2)1, MUMBAI, MUMBAI vs. BOMBAY RAYON HOLDINGS LIMITED, MUMBAI

In the result, all the four appeals by the Revenue having common ground are dismissed

ITA 5603/MUM/2024[2014-15]Status: DisposedITAT Mumbai27 Feb 2025AY 2014-15

Bench: Shri Saktijit Dey, Hon’Ble & Shri Girish Agrawal

For Appellant: NoneFor Respondent: Shri Kailash C, Kanojiya, CIT DR
Section 133ASection 143(3)Section 148Section 271(1)(c)

u/s. 271(1)(c) of the Act, dated 15.03.2022 for Assessment Year 2010-11. 2. There is a delay of 7 days noted by Registry in filing the present appeals before the Tribunal for which petition for condonation of delay is placed on record. We have considered the petition for condonation of the said delay. Upon perusal of the same

DCIT-1(2)1, MUMBAI, MUMBAI vs. BOMBAY RAYON HOLDINGS LIMITED, MUMBAI

In the result, all the four appeals by the Revenue having common ground are dismissed

ITA 5606/MUM/2024[2010-11]Status: DisposedITAT Mumbai27 Feb 2025AY 2010-11

Bench: Shri Saktijit Dey, Hon’Ble & Shri Girish Agrawal

For Appellant: NoneFor Respondent: Shri Kailash C, Kanojiya, CIT DR
Section 133ASection 143(3)Section 148Section 271(1)(c)

u/s. 271(1)(c) of the Act, dated 15.03.2022 for Assessment Year 2010-11. 2. There is a delay of 7 days noted by Registry in filing the present appeals before the Tribunal for which petition for condonation of delay is placed on record. We have considered the petition for condonation of the said delay. Upon perusal of the same

DCIT-1(2)1, MUMBAI, MUMBAI vs. BOMBAY RAYON HOLDINGS LIMITED, MUMBAI

In the result, all the four appeals by the Revenue having common ground are dismissed

ITA 5605/MUM/2024[2011-12]Status: DisposedITAT Mumbai27 Feb 2025AY 2011-12

Bench: Shri Saktijit Dey, Hon’Ble & Shri Girish Agrawal

For Appellant: NoneFor Respondent: Shri Kailash C, Kanojiya, CIT DR
Section 133ASection 143(3)Section 148Section 271(1)(c)

u/s. 271(1)(c) of the Act, dated 15.03.2022 for Assessment Year 2010-11. 2. There is a delay of 7 days noted by Registry in filing the present appeals before the Tribunal for which petition for condonation of delay is placed on record. We have considered the petition for condonation of the said delay. Upon perusal of the same

INNOVATORS FACADE SYSTEMS LIMITED,MIRA ROAD vs. ACIT, CIRCLE -2, THANE

In the result, the appeal by the assessee is allowed

ITA 2792/MUM/2023[2010-11]Status: DisposedITAT Mumbai15 Dec 2023AY 2010-11

Bench: Shri Om Prakash Kant & Shri Sandeep Singh Karhail

For Appellant: Shri Purram TejwaniFor Respondent: Shri H.M. Bhatt
Section 133ASection 142(1)Section 143(2)Section 143(3)Section 250Section 271(1)(c)Section 274Section 37(1)

u/s 274 as to whether penalty is proposed to be levied for concealment of income or furnishing inaccurate particulars of income. 3. On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in upholding the order of Ld. A.O in levying penalty of Rs. 4,48,381/-on the ground that the appellant

SANJAY KUMAR,UAE vs. INT TAX WARD 4(2)(1), MUM, MUMBAI

In the result, the appeal of appellant is allowed

ITA 3505/MUM/2024[AY 2016-17]Status: DisposedITAT Mumbai30 Dec 2024

Bench: Shri Narender Kumar Choudhryshri Omkareshwar Chidarasanjay Kumar, C/O Johnson & Johnson Pvt. Ltd. 501, Arena Spcaes, Off Jvlr Road, Behind Majas Depot Jogeshwari East Maharashtra ……………. Appellant Pan: Aazps9534Q V/S Income Tax Officer (It)– 4(2)(1), Room No.1916, 19Th Floor, Air India Building, Nariman Point ……………. Respondent Mumbai - 400021 Maharashtra

For Appellant: Ms. Riddhi JainFor Respondent: Shri Krishna Kumar (Sr.DR)
Section 143(3)Section 250Section 271(1)(c)Section 90

u/s. 271(1)(c) of the Act be struck down.” 3. The brief facts of the case are : (a) The appellant filed return of income declaring a total income of Rs.5,65,84,870/- During the course of scrutiny proceedings, the appellant submitted a revised computation offering dividend income of Rs.6,14,521/-, a foreign dividend income from Johnson & Johnson

ESTATE OF VANDRAVAN P SHAH,MUMBAI vs. ASSISTANT COMISSIONER OF INCOME TAX, CIRCLE 19(3), MUMBAI

In the result all the three captioned appeals are dismissed

ITA 5401/MUM/2024[2011-12]Status: DisposedITAT Mumbai23 Dec 2025AY 2011-12

Bench: Sandeep Gosain () & Shri Om Prakash Kant ()

For Respondent: Ms. Shivani Shah
Section 147Section 148Section 35A

Penalty proceedings are initiated u/s 271(1)(c) of the I. T. Act for furnishing inaccurate particulars furnishing inaccurate particulars of income.” 4.6 The Assessing Officer passed the order u/s 143(3) r.w.s. 147 of The Assessing Officer passed the order u/s 143(3) r.w.s. 147 of The Assessing Officer passed the order u/s 143(3) r.w.s

INCOME TAX OFFICER 23 2 6 , MUMBAI vs. MANMOHAN DAULAL RATHI, MUMBAI

In the result, appeal filed by the revenue is dismissed

ITA 5467/MUM/2025[2010-11]Status: DisposedITAT Mumbai07 Nov 2025AY 2010-11
Section 10(38)Section 147Section 148Section 250Section 271(1)(c)

section 250 of the Income Tax Act, 1961 [hereinafter referred to as\n\"the Act\"] dated 09.06.2025 for the A.Y. 2010-11.\n2. The brief facts of the case are that the assessee is an individual and filed\nhis return of income on 25.09.2010 for the year under consideration by\ndeclaring total income of Rs.91,52,500/-. The AO received

D G LAND DEVELOPERS PRIVATE LIMITED,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -4(4), MUMBAI, MUMBAI

In the result, both the appeals are allowed for statistical

ITA 408/MUM/2024[2014-15]Status: DisposedITAT Mumbai22 Aug 2024AY 2014-15

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh () Assessment Year: 2014-15 D G Land Developers Pvt. Ltd., Acit, Central Circle-4(4), 104/105 Raghunath Kripa Building, Room No. 1922, 19Th Floor, Aarey Road, Goregaon East, Vs. Air India Building, Mumbai-400063. Nariman Point, Mumbai-400021. Pan No. Aaecd 4091 M Appellant Respondent Assessment Year: 2015-16 D G Land Developers Pvt. Ltd., Dy. Cit-12(2)(1), Now Dy. 104/105 Raghunath Kripa Building, Cit Central Circle-4(4), Aarey Road, Goregaon East, Vs. Room No. 1922, 19Th Floor, Mumbai-400063. Air India Building, Nariman Point, Mumbai-400021. Pan No. Aaecd 4091 M Appellant Respondent

For Appellant: Mr. Sanjeev Mehta a/w SaurabhFor Respondent: 31/07/2024
Section 132Section 133ASection 143(3)Section 153C

133A for the assessment u/s. 153C is not permissible under law 5. The Ld. CIT(A) erred in upholding the action of Ld. AO in Rs. The Ld. CIT(A) erred in upholding the action of Ld. AO in Rs. The Ld. CIT(A) erred in upholding the action of Ld. AO in Rs. estimating estimating the on-money received