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322 results for “penalty u/s 271”+ Section 149(1)(c)clear

Sorted by relevance

Delhi403Mumbai322Kolkata191Jaipur133Karnataka101Ahmedabad83Hyderabad57Indore56Pune52Chennai51Bangalore46Raipur42Calcutta34Rajkot31Chandigarh27Guwahati22Amritsar22Lucknow22Visakhapatnam20Allahabad20Surat14Cuttack13Dehradun12Ranchi12Agra8Cochin8Nagpur7Jodhpur4Rajasthan1SC1Patna1Telangana1Gauhati1

Key Topics

Addition to Income63Section 143(3)52Section 153A49Section 271(1)(c)44Section 14844Section 14A37Section 14732Disallowance28Section 250

DY. COMMISSIONER OF INCOME TAX, MUMBAI vs. KANAKIA SPACES REALTY PRIVATE LIMITED, MUMBAI

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

ITA 6133/MUM/2025[2011-12]Status: DisposedITAT Mumbai20 Jan 2026AY 2011-12

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2011-12 Dy. Commissioner Of Income Tax Kanakia Spaces Realty Room No. 420, Kautilya Bhawan, Private Limited Vs. G Block, Bandra Kurla Complex, Plot No. 8, Vilco Centre, 3Rd Mumbai- 400051 Floor, Subhash Road, Opp Garware House, Vile Parle East, Mumbai- 400057 Pan No. Aaccc 4199 F Appellant Respondent Assessee By : Ms. Shweta Vardhan : Shri. Hemanshu Joshi, Sr Dr Revenue By Date Of Hearing : 25/11/2025 : 20/01/2026 Date Of Pronouncement Order

For Appellant: Ms. Shweta Vardhan
Section 143(3)Section 147Section 271(1)(c)

section 271(1)(c) was levied ceased to exist. The relevant finding of the Ld. CIT(A) The relevant finding of the Ld. CIT(A) is reproduced as below: “6.1 Ground No.1 raised by the appellant pertains to levy of 6.1 Ground No.1 raised by the appellant pertains to levy of penalty 6.1 Ground No.1 raised by the appellant pertains

Showing 1–20 of 322 · Page 1 of 17

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25
Penalty21
Section 153C19
Limitation/Time-bar13

THE RUBY MILLS LIMITED,MUMBAI vs. DCIT, CIRCLE - 8(3)(1), MUMBAI

In the result, the substantial ground of appeal is allowed

ITA 3021/MUM/2025[2012-13]Status: DisposedITAT Mumbai30 Jun 2025AY 2012-13

Bench: Shri Pawan Singh & Shri Prabhash Shankar(Physical Hearing) The Ruby Mills Limited Dcit, Circle – 8(3)(1), 11Th Floor, Ruby House A, J.K. Sawant Vs Aayakarbhawan,Mumbai-400020. Marg, Dadar West, Mumbai – 400028. [Pan No. Aaact0220G] Appellant / Assessee Respondent / Revenue

Section 254(1)Section 271(1)(c)Section 274

penalty u/s 271(1)(c) of the Income Tax Act, 1961 as the factual information was provided during the course of assessment proceedings. This fact is supported by legally settled position including by the Judgement of Hon'ble 2 The Ruby Mills Limited Calcutta High Court in the case of CIT v. Smifs Capital Markets Ltd [2023] 149 taxmann.com

DINESH SOMATMAL DHOKAR,MUMBAI vs. INCOME TAX OFFICER - 19(1)(1), MUMBAI

In the result, both the appeals are partly allowed

ITA 3555/MUM/2023[2010-11]Status: DisposedITAT Mumbai21 May 2024AY 2010-11

Bench: Shri Prashant Maharishi, Am & Shri Sunil Kumar Singh, Jm

For Appellant: Ms. Ridhisha Jain, AR
Section 143(3)Section 147Section 148Section 271Section 271(1)(c)

u/s 274 RWs 271 (1) (c) of the Act. Thus, It is apparent that notwithstanding the defective notice, the assessee was fully aware of the reason as to why the Assessing Officer sought to impose penalty. Thus, significant features of the case in hand are that penalty proceedings were initiated during the assessment proceedings. The Assessing Officer had although issued

DINESH SOMATMAL DHOKAR,MUMBAI vs. INCOME TAX OFFICER - 19(1)(1), MUMBAI

In the result, both the appeals are partly allowed

ITA 3556/MUM/2023[2009-10]Status: DisposedITAT Mumbai21 May 2024AY 2009-10

Bench: Shri Prashant Maharishi, Am & Shri Sunil Kumar Singh, Jm

For Appellant: Ms. Ridhisha Jain, AR
Section 143(3)Section 147Section 148Section 271Section 271(1)(c)

u/s 274 RWs 271 (1) (c) of the Act. Thus, It is apparent that notwithstanding the defective notice, the assessee was fully aware of the reason as to why the Assessing Officer sought to impose penalty. Thus, significant features of the case in hand are that penalty proceedings were initiated during the assessment proceedings. The Assessing Officer had although issued

PANASONIC LIFE SOLUTIONS INDIA PVT LTD,THANE vs. ASST CIT CC 7(2), MUMBAI

In the result, Appeal of assessee is partly allowed

ITA 7861/MUM/2019[2012-13]Status: DisposedITAT Mumbai19 Dec 2023AY 2012-13

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm Panasonic Life Solutions India Asst. Commissioner Of Private Limited Income-Tax (Formerly Known As Anchor Central Circle 7(2) Electricals Private Limited) 3Rd Floor, B Wing, 655, 6Th Floor, Aaykar Bhavan Vs. I – Think Techno Campus, M.K. Road, Pokhran Road No.2, Thane Mumbai-400 020 (West) (Appellant) (Respondent) Pan No. Aaeca2190C Assessee By : Shri M.P. Lohia Shri Nikhil Tiwari, Ar Revenue By : Shri Manoj Kumar, Cit Dr Date Of Hearing: 08-12-2023 Date Of Pronouncement : 19.12.2023

For Appellant: Shri M.P. LohiaFor Respondent: Shri Manoj Kumar, CIT DR
Section 143(2)Section 143(3)Section 144C(13)Section 147Section 153Section 80ISection 92C

u/s 274 read with section 271 (1) (c) of the Act. Both Notice of demand and penalty proceedings are further followed by subsequent communication. Therefore, it is merely not an error but for all practical purposes, the ld AO passed the final assessment order instead of Draft Assessment order. In penultimate paragraph also ld AO mentions section

JT.COMMISSIONER OF INCOME TAX (OSD) - CENTRAL CIRCLE 2(4), MUMBAI vs. M/S KEYSTONE REALTORS PRIVATE LIMITED, MUMBAI

In the result, appeal of the Revenue is dismissed and the Cross Objection of the assessee is allowed

ITA 2822/MUM/2019[2012-13]Status: DisposedITAT Mumbai27 Mar 2023AY 2012-13

Bench: Shri Aby T Varkey () & Shri Amarjit Singh ()

Section 132(1)Section 143(2)Section 153A

u/s 80IB(10) in respect of eligible units comprising of 2 BHK units whose area is less than 1000 sq ft even after including the area of balconies. The quantum of deduction allowable on prorata basis as per appellant's computation is Rs 12,08,36,323/- The assessing officer is directed to allow the deduction after verifying the computation

DCIT CENTRAL-CIRCLE-2(4), MUMBAI vs. KEYSTONE REALTORS PRIVATE LIMITED, MUMBAI

In the result, appeal of the Revenue is dismissed and the Cross Objection of the assessee is allowed

ITA 1946/MUM/2022[2007-08]Status: DisposedITAT Mumbai27 Mar 2023AY 2007-08

Bench: Shri Aby T Varkey () & Shri Amarjit Singh ()

Section 132(1)Section 143(2)Section 153A

u/s 80IB(10) in respect of eligible units comprising of 2 BHK units whose area is less than 1000 sq ft even after including the area of balconies. The quantum of deduction allowable on prorata basis as per appellant's computation is Rs 12,08,36,323/- The assessing officer is directed to allow the deduction after verifying the computation

DCIT CEN CIR 10, MUMBAI vs. KEYSTONE REALTORS P.LTD, MUMBAI

In the result, appeal of the Revenue is dismissed and the Cross Objection of the assessee is allowed

ITA 5631/MUM/2014[2010-11]Status: DisposedITAT Mumbai27 Mar 2023AY 2010-11

Bench: Shri Aby T Varkey () & Shri Amarjit Singh ()

Section 132(1)Section 143(2)Section 153A

u/s 80IB(10) in respect of eligible units comprising of 2 BHK units whose area is less than 1000 sq ft even after including the area of balconies. The quantum of deduction allowable on prorata basis as per appellant's computation is Rs 12,08,36,323/- The assessing officer is directed to allow the deduction after verifying the computation

KEYSTONE REALTORS PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX - CENTRAL CIRCLE 2(4), MUMBAI

In the result, appeal of the Revenue is dismissed and the Cross Objection of the assessee is allowed

ITA 3003/MUM/2019[2012-13]Status: DisposedITAT Mumbai27 Mar 2023AY 2012-13

Bench: Shri Aby T Varkey () & Shri Amarjit Singh ()

Section 132(1)Section 143(2)Section 153A

u/s 80IB(10) in respect of eligible units comprising of 2 BHK units whose area is less than 1000 sq ft even after including the area of balconies. The quantum of deduction allowable on prorata basis as per appellant's computation is Rs 12,08,36,323/- The assessing officer is directed to allow the deduction after verifying the computation

SAI SAMARTH ENTERPRISES,MUMBAI vs. DCIT , CC- 1 , THANE

In the result, the appeals filed by the assessee are hereby allowed

ITA 3718/MUM/2018[2012-13]Status: DisposedITAT Mumbai24 May 2021AY 2012-13

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 3718/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2012-13) & आयकर अपील सं/ I.T.A. No. 3720/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2011-12) & आयकर अपील सं/ I.T.A. No. 3721/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2010-11) बिधम/ M/S. Sai Samarth Enterprises Dcit-Central Circle-1, 107, Patel Building, Parel, Thane. Vs. Mumbai. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abufs9008B (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Suchek Anchaliya Revenue By: Shri T. S. Khalsa (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 04/03/2021 घोषणा की तारीख /Date Of Pronouncement: 24/05/2021 आदेश / O R D E R Per Amarjit Singh, (Jm): The Assessee Has Filed The Above Mentioned Appeals Against The Order Dated 29.03.2018 Passed By The Commissioner Of Income Tax (Appeals)- 11, Pune [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys. 2010-11, 2011-12, 2012-13 In Which The Penalty Levied By The Ao Has Been Ordered To Be Confirmed.

For Appellant: Shri Suchek AnchaliyaFor Respondent: Shri T. S. Khalsa (Sr. AR)
Section 132Section 132oSection 139(1)Section 143(2)Section 153ASection 153CSection 271(1)(c)Section 274

u/s 153 r.w.s 153C of the Act. In the case of Kirit Dahyabhai Patel Vs. ACIT (2017) 80 taxmann.com 162 (Guj). The following finding has been given as under.:- “8. We have heard learned advocates for the parties and perused the material on record. Before dealing with the contentions, it would be relevant to reproduce Explanation 5 to Section 271

RHEAL SOFTWARE P.LTD,MUMBAI vs. DCIT 8(3), MUMBAI

In the result, the appeal is partly allowed

ITA 670/MUM/2017[2011-12]Status: DisposedITAT Mumbai10 Feb 2020AY 2011-12

Bench: Shri Saktijit Dey () & Shri N.K. Pradhan () Assessment Year: 2011-12 Rheal Software Pvt. Ltd., Dy. Cit-8(3), Mumbai. 901, Premium Tower, Vs. Lokhandwala Complex, Andheri (W), Mumbai-400053. Pan No. Aabcr8008B Appellant Respondent

For Appellant: Shri Ronak Doshi, ARFor Respondent: Shri D.G. Pansari, DR
Section 10BSection 139(5)Section 271Section 271(1)(c)Section 274Section 274r

section 271(1)(iii), penalty for concealment of income or furnishing of inaccurate particulars of income is determined based on ‘amount of tax sought to be evaded’ which has been defined inter alia, as the difference between the tax due on the income assessed and the tax which would have been chargeable had such total income been reduced

MUNIR M. KHAN,MUMBAI vs. DCIT- CC -7(1), MUMBAI

In the result, appeal filed by the assesee is allowed and appeal filed by the revenue is dismissed

ITA 7138/MUM/2018[2009-10]Status: DisposedITAT Mumbai10 Feb 2020AY 2009-10

Bench: Shri Saktijit Dey & Shri G. Manjunathamunir Khan Vs. Dcit, Central Circle-7(1) 654, 6Th Floor 1404, ‘A’ Wing Raj Classic Bldg Aaykar Bhawan Off. Yari Road, Versova M.K.Road Andheri(W) Mumbai-400 020 Mumbai-400 061 Pan/Gir No.Asgpk3313A (Appellant) .. (Respondent) & Dcit, Central Circle-7(1) Vs. Munir Khan 654, 6Th Floor 1404, ‘A’ Wing Aaykar Bhawan Raj Classic Bldg M.K.Road Off. Yari Road, Versova Mumbai-400 020 Andheri(W) Mumbai-400 061 Pan/Gir No.Asgpk3313A (Appellant) .. (Respondent)

Section 132Section 132(4)Section 143(3)Section 260Section 271Section 271(1)(c)Section 271ASection 274

section 271(1)(c) of the I.T.Act, 1961and accordingly, levied penalty of Rs. 4,43,49,149/-, which is equivalent to 100% of tax sought to be evaded. 6. Aggrieved by the penalty order, the assessee preferred an appeal before the Ld.CIT(A). Before the Ld.CIT(A), the assessee has challenged the penalty levied by the Ld. AO on technical

DEEPAK JATIA ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX - CENTRAL CIRCLE 1(1), MUMBAI

In the result, the appeals filed by the assessee are hereby ordered to be allowed

ITA 940/MUM/2018[2010-11]Status: DisposedITAT Mumbai15 Jan 2020AY 2010-11

Bench: Shri Amarjit Singh, Jm & Shri N. K. Pradhan, Am आयकर अपील सं/ I.T.A. Nos. 940 To 943/Mum/2018 (निर्धारण वर्ा / Assessment Years: 2010-11 To 2013-14) बिधम/ Deepak Jatia Dcit-Central Circle-1(1) Room No.903, 9Th Floor, Old Marathon Innova, „A‟ Wing, Vs. 7Th Floor, Off. G. K. Marg, Cgo Bldg, Annexure, M.K. Lower Parel, Mumbai- Road, Mumbai-400020. 400013. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Adxpj8701D (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Anuj Kisnadwala (Ar) Revenue By: Shri Narendra Singh Jang Pangi (Dr) सुनवाई की तारीख / Date Of Hearing: 17/12/2019 घोषणा की तारीख /Date Of Pronouncement: 15/01/2020 आदेश / O R D E R Per Amarjit Singh, (Jm): The Assessee Has Filed The Above Mentioned Appeals Against The Different Order Passed By The Commissioner Of Income Tax (Appeals)- 47, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Ys. 2010-11, 2011-12, 2012-13 & 2013-14 In Which The Penalty Levied By The Ao Has Been Ordered To Be Confirmed.

For Appellant: Shri Anuj Kisnadwala (AR)For Respondent: Shri Narendra Singh Jang Pangi
Section 143(3)Section 153ASection 27Section 271Section 271(1)Section 271(1)(C)Section 271(1)(c)

149, section 151 and section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer shalla) issue notice to such person requiring him to furnish within such period

COAST LINE SHIPPING (INDIA) PVT. LTD.,MUMBAI vs. DCIT , CC- 5(1), MUMBAI

In the result, appeals of the assessee are allowed

ITA 4943/MUM/2018[2015-16]Status: DisposedITAT Mumbai30 Dec 2019AY 2015-16

Bench: Shri C.N. Prasad, Hon'Ble & Shri G. Manjunatha, Hon'Ble

For Appellant: Shri Ravi SawanaFor Respondent: Shri Kumar Padmapani Bora
Section 271(1)(c)Section 274

U/s. 271(1)(c) of the Act without striking off one of the limbs and without specifying the specific charge in the notice initiating penalty proceedings for inaccurate particulars of income in the assessment order and the Coordinate Bench considering the decision of the Hon’ble Jurisdictional High Court in the case of CIT v. Samson Perinchery

COAST LINE SHIPPING (INDIA) PVT. LTD.,MUMBAI vs. DCIT , CC- 5(1), MUMBAI

In the result, appeals of the assessee are allowed

ITA 4942/MUM/2018[2014-15]Status: DisposedITAT Mumbai30 Dec 2019AY 2014-15

Bench: Shri C.N. Prasad, Hon'Ble & Shri G. Manjunatha, Hon'Ble

For Appellant: Shri Ravi SawanaFor Respondent: Shri Kumar Padmapani Bora
Section 271(1)(c)Section 274

U/s. 271(1)(c) of the Act without striking off one of the limbs and without specifying the specific charge in the notice initiating penalty proceedings for inaccurate particulars of income in the assessment order and the Coordinate Bench considering the decision of the Hon’ble Jurisdictional High Court in the case of CIT v. Samson Perinchery

COAST LINE SHIPPING (INDIA) PVT. LTD.,MUMBAI vs. DCIT , CC- 5(1), MUMBAI

In the result, appeals of the assessee are allowed

ITA 4941/MUM/2018[2013-14]Status: DisposedITAT Mumbai30 Dec 2019AY 2013-14

Bench: Shri C.N. Prasad, Hon'Ble & Shri G. Manjunatha, Hon'Ble

For Appellant: Shri Ravi SawanaFor Respondent: Shri Kumar Padmapani Bora
Section 271(1)(c)Section 274

U/s. 271(1)(c) of the Act without striking off one of the limbs and without specifying the specific charge in the notice initiating penalty proceedings for inaccurate particulars of income in the assessment order and the Coordinate Bench considering the decision of the Hon’ble Jurisdictional High Court in the case of CIT v. Samson Perinchery

INCOME TAX OFFICER-12(1)(1), MUMBAI vs. M/S.AMPRO FORMS PRIVATE LIMITED, MUMBAI

In the result, appeal of the Revenue is dismissed

ITA 6079/MUM/2018[2009-10]Status: DisposedITAT Mumbai22 Nov 2019AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Bleincome Tax Officer – 12(1)(1) V. M/S. Ampro Forms Private Limited Room No. 226, 2Nd Floor 501-A, Vaibhav Apartment Aayakar Bhavan, M.K. Road Jambli Galli, Borivali (West) Mumbai – 400 020 Mumbai – 400 092 Pan: Aadca4479K (Assessee) (Respondent) Assessee By : None

For Appellant: NoneFor Respondent: Shri S. Michael Jerald
Section 143(3)Section 271Section 271(1)(c)Section 274Section 41(1)Section 69C

U/s. 271(1)(c) of the Act without striking off one of the limbs and without specifying the specific charge in the notice initiating penalty proceedings for inaccurate particulars of income in the Assessment Order and the Coordinate Bench considering the decision of the Hon’ble Jurisdictional High Court in the case of CIT v. Samson Perinchery

BHAVESH PRAVINCHANDRA SHETH,MUMBAI vs. ACIT 12(2), MUMBAI

In the result, the appeal is partly allowed

ITA 816/MUM/2018[2011-12]Status: DisposedITAT Mumbai30 Sept 2019AY 2011-12

Bench: Shri Mahavir Singh () & Shri N.K. Pradhan () Assessment Year: 2011-12 Bhaveshpravinchandrasheth Assistant Commissioner Of Sheth House, Gr. Floor, Vs. Income Tax- 12(2), Sandhurst Bridge, Room No. 123A, Opera House, Aayakar Bhavan, Mumbai - 400007 Maharashi Karve Road, Mumbai - 400020 Pan No. Aavps0801N Appellant Respondent Assessee By : Mr. Biren Gubhawala, Ar Revenue By : Ms. Jyoti Lakshmi Nayak, Dr Last Date Of Hearing : 27/09/2019 Date Of Pronouncement: 30/09/2019

For Appellant: Mr. Biren Gubhawala, ARFor Respondent: Ms. Jyoti Lakshmi Nayak, DR
Section 143(2)Section 143(3)Section 271Section 271(1)Section 271(1)(c)

271(1)(c) were recorded by the Income-tax Officer. The assessee fully knew in detail the exact charge of the Department against him. In this background, it could not be said that either there was non-application of mind by the Income-tax Officer or the so- called ambiguous wording in the notice impaired or prejudiced the right

VISION INFPRO (INDIA) PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX -8(3)(2), MUMBAI

In the result, appeal of the assessee is allowed

ITA 1394/MUM/2018[2013-14]Status: DisposedITAT Mumbai28 Aug 2019AY 2013-14

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

For Appellant: Shri Nishit GandhiFor Respondent: Shri Rajiv Gubgotra
Section 271(1)(c)Section 274

U/s. 271(1)(c) of the Act without striking off one of the limbs and without specifying the specific charge in the notice initiating penalty proceedings for inaccurate particulars of income in the Assessment Order and the Coordinate Bench considering the decision of the Hon’ble Jurisdictional High Court in the case of CIT v. Samson Perinchery

SHEETAL DIAMONDS LTD,MUMBAI vs. DCIT 8(3), MUMBAI

In the result, appeal of the assessee is allowed as indicated above

ITA 5289/MUM/2011[2001-02]Status: DisposedITAT Mumbai15 Mar 2019AY 2001-02

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Blem/S. Sheetal Diamonds Ltd. V. D.C.I.T Range – 8(3) Off No. 8, 1St Floor, Aayakar Bhavan, M.K. Road, Sitaram Niwas, 1St Bhatwadi, Mumbai-400 020 J.S.S. Road, Opera House Mumbai – 400 004 Pan: Aabcs 3005 P (Appellant) (Respondent) Assessee By : Shri Satish R. Mody Department By : Shri A.B. Koli

For Appellant: Shri Satish R. ModyFor Respondent: Shri A.B. Koli
Section 143(3)Section 271(1)(c)Section 274

U/s. 271(1)(c) of the Act without striking off one of the limbs and without specifying the specific charge in the notice initiating penalty proceedings for inaccurate particulars of income in the Assessment Order and the Coordinate Bench considering the decision of the Hon’ble Jurisdictional High Court in the case of CIT v. Samson Perinchery