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42 results for “penalty u/s 271”+ Section 197clear

Sorted by relevance

Raipur95Delhi89Bangalore54Mumbai42Chennai28Chandigarh25Indore15Jaipur14Rajkot11Lucknow10Hyderabad10Kolkata7Ahmedabad7Cuttack6Pune6Nagpur6Surat5Allahabad5Patna4Amritsar4Visakhapatnam1Jodhpur1

Key Topics

Section 143(3)51Section 271(1)(c)28Section 14826Addition to Income26Section 14724Section 69A20Section 153A16Penalty15Section 143(2)

FRANKLIN TEMPLETON INTERNATIONAL SERVICES (INDIA) P.LTD,MUMBAI vs. DCIT CIR 6(3)(1), MUMBAI

ITA 1495/MUM/2015[2010-11]Status: DisposedITAT Mumbai20 Feb 2026AY 2010-11
Section 133(6)Section 92D

197(1) of the Act authorizing\nnon-deduction of TDS from payments to Kone, copies of which were\nsubmitted by the Appellant to the DRP and the AO.\n2.2.2. The learned AO erred on facts and in law in disallowing the\npayment made to Kone without giving any opportunity to the Appellant to\nexplain the position.\n2.3. Further, the learned

EUREKA OUTSOURCING SOLUTIONS PVT LTD,THANE vs. DEPUTY COMMISSIONER OF INCOME TAX-CIRCLE (1), THANE

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

ITA 2845/MUM/2023[2015-16]Status: DisposedITAT Mumbai23 Jan 2024AY 2015-16

Bench: Shri S Rifaur Rahman, Am & Ms. Kavitha Rajagopal, Jm Eureka Outsourcing Solutions Pvt. Ltd. Dy. Cit, Circle (1) 5Th Floor, High Street Cum Highland Thane Corporate Centre, Kapurbawadi, Vs. Thane-400 607

Showing 1–20 of 42 · Page 1 of 3

14
Deduction13
Section 25010
Disallowance10
For Appellant: Shri Vijaykumar S. BiyaniFor Respondent: Shri P. D. Choughule
Section 143(3)Section 197Section 250Section 271(1)(c)Section 40A(2)(b)

197 for ‘nil’ or lower deduction of TDS, depreciation claimed at higher rate/higher additional depreciation claimed, low income shown by large contractors, mismatch in sales turnover reported in audit report and ITR and mismatch in amount paid to related persons u/s. 40A(2)(b) reported in the audit report and ITR”. The ld. A.O. vide order dated 06.12.2017 passed

ADDL CIT CEN RG IX, MUMBAI vs. UNIPHOS ENTERPRISES LTD ( FORMLERY KNOWN AS UNITED PHOSPHORUS LTD), MUMBAI

In the result, the appeal of assessee is allowed

ITA 6236/MUM/2010[2003-04]Status: DisposedITAT Mumbai30 May 2025AY 2003-04

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 254(1)Section 271(1)(c)Section 37(1)Section 80

penalty levied u/s 271(1)(c)) ACIT, CC-38, Room no. M/s. United Phosphorous Ltd. 32(1), Ayakar Bhavan, Vs. Uniphos House, Madhu Park, 11th Road, Khar (W), Mumbai. Maharishi Karve Rd., Mumbai-400020. PAN: AAACU 3440 P (Appellant) .. (Respondent) Assessee by Ms. Vasanti Patel Advocate Revenue by Shri. Kiran Unavekar, Sr. DR Date of Hearing 18/03/2025 Date of Pronouncement

ASST CIT CC 38, MUMBAI vs. UNIPHOS ENTERPRISES LTD, MUMBAI

In the result, the appeal of assessee is allowed

ITA 3534/MUM/2014[2003-04]Status: DisposedITAT Mumbai30 May 2025AY 2003-04

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 254(1)Section 271(1)(c)Section 37(1)Section 80

penalty levied u/s 271(1)(c)) ACIT, CC-38, Room no. M/s. United Phosphorous Ltd. 32(1), Ayakar Bhavan, Vs. Uniphos House, Madhu Park, 11th Road, Khar (W), Mumbai. Maharishi Karve Rd., Mumbai-400020. PAN: AAACU 3440 P (Appellant) .. (Respondent) Assessee by Ms. Vasanti Patel Advocate Revenue by Shri. Kiran Unavekar, Sr. DR Date of Hearing 18/03/2025 Date of Pronouncement

THE ACIT CC-38, MUMBAI vs. M/S. UNITED PHOSPHOROUS LTD, MUMBAI

In the result, the appeal of assessee is allowed

ITA 1822/MUM/2006[2002-2003]Status: DisposedITAT Mumbai30 May 2025AY 2002-2003

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 254(1)Section 271(1)(c)Section 37(1)Section 80

penalty levied u/s 271(1)(c)) ACIT, CC-38, Room no. M/s. United Phosphorous Ltd. 32(1), Ayakar Bhavan, Vs. Uniphos House, Madhu Park, 11th Road, Khar (W), Mumbai. Maharishi Karve Rd., Mumbai-400020. PAN: AAACU 3440 P (Appellant) .. (Respondent) Assessee by Ms. Vasanti Patel Advocate Revenue by Shri. Kiran Unavekar, Sr. DR Date of Hearing 18/03/2025 Date of Pronouncement

UNIPHOS ENTERPRISES LTD ( FORMERLY KNOWN AS UNITED PHOSPHORUS LTD),MUMBAI vs. ADDL CIT CEN RG IX, MUMBAI

In the result, the appeal of assessee is allowed

ITA 6224/MUM/2010[2003-04]Status: DisposedITAT Mumbai30 May 2025AY 2003-04

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 254(1)Section 271(1)(c)Section 37(1)Section 80

penalty levied u/s 271(1)(c)) ACIT, CC-38, Room no. M/s. United Phosphorous Ltd. 32(1), Ayakar Bhavan, Vs. Uniphos House, Madhu Park, 11th Road, Khar (W), Mumbai. Maharishi Karve Rd., Mumbai-400020. PAN: AAACU 3440 P (Appellant) .. (Respondent) Assessee by Ms. Vasanti Patel Advocate Revenue by Shri. Kiran Unavekar, Sr. DR Date of Hearing 18/03/2025 Date of Pronouncement

M/S. UNITED PHOSPHORUS LTD(NOW KNOWN AS UNIPHOS ENTERPRISES LTD),MUMBAI vs. THE DCIT CEN CIR-38, MUMBAI

In the result, the appeal of assessee is allowed

ITA 1787/MUM/2006[2002-2003]Status: DisposedITAT Mumbai30 May 2025AY 2002-2003

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 254(1)Section 271(1)(c)Section 37(1)Section 80

penalty levied u/s 271(1)(c)) ACIT, CC-38, Room no. M/s. United Phosphorous Ltd. 32(1), Ayakar Bhavan, Vs. Uniphos House, Madhu Park, 11th Road, Khar (W), Mumbai. Maharishi Karve Rd., Mumbai-400020. PAN: AAACU 3440 P (Appellant) .. (Respondent) Assessee by Ms. Vasanti Patel Advocate Revenue by Shri. Kiran Unavekar, Sr. DR Date of Hearing 18/03/2025 Date of Pronouncement

UNIPHOS ENTERPRISES LTD,MUMBAI vs. ADDL CIT CEN RG IX, MUMBAI

In the result, the appeal of assessee is allowed

ITA 3878/MUM/2014[2003-04]Status: DisposedITAT Mumbai30 May 2025AY 2003-04
Section 254(1)Section 271(1)(c)Section 37(1)Section 80

penalty levied u/s 271(1)(c))\nACIT, CC-38, Room no.\nVs.\nM/s. United Phosphorous Ltd.\n32(1), Ayakar Bhavan,\nUniphos House, Madhu Park,\nMaharishi Karve Rd.,\n11th Road, Khar (W), Mumbai.\nMumbai-400020.\nPAN: AAACU 3440 P\n(Appellant)\n(Respondent)\nAssessee by\nMs. Vasanti Patel Advocate\nRevenue by\nShri. Kiran Unavekar, Sr. DR\nDate of Hearing\n18/03/2025\nDate

THE DCIT 3(1), MUMBAI vs. M/S. BAJAJAJ AUTO LTD., MUMBAI

In the result, the appeals filed by the assesse are partly allowed and the appeals filed by the revenue are dismissed

ITA 2655/MUM/2005[2000-2001]Status: DisposedITAT Mumbai28 Nov 2023AY 2000-2001

Bench: Aby T Varkey & Shri Amarjit Singh

For Appellant: Ms. Vasanti Patel & Shri CharuFor Respondent: Shri. Krishna Bandi
Section 143(2)Section 143(3)

271(1)(c) has been deleted on all the issued, therefore, this Cross Objection filed by the assessee has become infructuous the same stand dismissed. Ground No. 1: Taxability on surplus on redemption of securities as Capital Gains Rs.1,94,19,926:- 70. Since the facts and the issue involved in this ground of appeal is similar to the facts

M/S. BAJAJ AUTO LTD.,MUMBAI vs. THE DY CIT RG 3(1), MUMBAI

In the result, the appeals filed by the assesse are partly allowed and the appeals filed by the revenue are dismissed

ITA 2125/MUM/2005[1999-2000]Status: DisposedITAT Mumbai28 Nov 2023AY 1999-2000

Bench: Aby T Varkey & Shri Amarjit Singh

For Appellant: Ms. Vasanti Patel & Shri CharuFor Respondent: Shri. Krishna Bandi
Section 143(2)Section 143(3)

271(1)(c) has been deleted on all the issued, therefore, this Cross Objection filed by the assessee has become infructuous the same stand dismissed. Ground No. 1: Taxability on surplus on redemption of securities as Capital Gains Rs.1,94,19,926:- 70. Since the facts and the issue involved in this ground of appeal is similar to the facts

M/S. BAJAJ AUTO LTD.,MUMBAI vs. THE DY CIT CIR 3(1), MUMBAI

In the result, the appeals filed by the assesse are partly allowed and the appeals filed by the revenue are dismissed

ITA 3055/MUM/2005[2000-2001]Status: DisposedITAT Mumbai28 Nov 2023AY 2000-2001

Bench: Aby T Varkey & Shri Amarjit Singh

For Appellant: Ms. Vasanti Patel & Shri CharuFor Respondent: Shri. Krishna Bandi
Section 143(2)Section 143(3)

271(1)(c) has been deleted on all the issued, therefore, this Cross Objection filed by the assessee has become infructuous the same stand dismissed. Ground No. 1: Taxability on surplus on redemption of securities as Capital Gains Rs.1,94,19,926:- 70. Since the facts and the issue involved in this ground of appeal is similar to the facts

DCIT CIR - 3(1), MUMBAI vs. M/S. BAJAJ AUTO LTD., MUMBAI

In the result, the appeals filed by the assesse are partly allowed and the appeals filed by the revenue are dismissed

ITA 573/MUM/2007[2000-2001]Status: DisposedITAT Mumbai28 Nov 2023AY 2000-2001

Bench: Aby T Varkey & Shri Amarjit Singh

For Appellant: Ms. Vasanti Patel & Shri CharuFor Respondent: Shri. Krishna Bandi
Section 143(2)Section 143(3)

271(1)(c) has been deleted on all the issued, therefore, this Cross Objection filed by the assessee has become infructuous the same stand dismissed. Ground No. 1: Taxability on surplus on redemption of securities as Capital Gains Rs.1,94,19,926:- 70. Since the facts and the issue involved in this ground of appeal is similar to the facts

THE DY CIT RG 3(1), MUMBAI vs. M/S. BAJAJ AUTO LTD, MUMBAI

In the result, the appeals filed by the assesse are partly allowed and the appeals filed by the revenue are dismissed

ITA 1933/MUM/2005[1999-2000]Status: DisposedITAT Mumbai28 Nov 2023AY 1999-2000

Bench: Aby T Varkey & Shri Amarjit Singh

For Appellant: Ms. Vasanti Patel & Shri CharuFor Respondent: Shri. Krishna Bandi
Section 143(2)Section 143(3)

271(1)(c) has been deleted on all the issued, therefore, this Cross Objection filed by the assessee has become infructuous the same stand dismissed. Ground No. 1: Taxability on surplus on redemption of securities as Capital Gains Rs.1,94,19,926:- 70. Since the facts and the issue involved in this ground of appeal is similar to the facts

GAUTAM TEJRAJ SHAH,MUMBAI vs. INCOME TAX OFFICER, MUMBAI

In the result, both the appeals of the assessee are allowed

ITA 2742/MUM/2023[AY 2011-12]Status: DisposedITAT Mumbai09 Jan 2025

Bench: Shri Amarjit Singh, Hon’Ble & Ms. Kavitha Rajagopal, Hon’Ble

For Appellant: Shri Sanjiv M. Shah, AdvocateFor Respondent: Shri Akshay Tapdiya, Sr. DR
Section 143Section 143(3)Section 147Section 271(1)(c)

penalty of Rs. 5,55,197/- being hundred percent of the tax determined on addition of Rs. 24,19,413/- made on the basis of profit estimated @ 12.5% of the impugned bogus purchases. In the case of the assessee, it is clear from the copy of the notice issued u/s 274 of the Act filed in the paper book that

GAUTAM TEJRAJ SHAH,MUMBAI vs. INCOME TAX OFFICER, MUMBAI

In the result, both the appeals of the assessee are allowed

ITA 2745/MUM/2023[AY 2010-11]Status: DisposedITAT Mumbai09 Jan 2025

Bench: Shri Amarjit Singh, Hon’Ble & Ms. Kavitha Rajagopal, Hon’Ble

For Appellant: Shri Sanjiv M. Shah, AdvocateFor Respondent: Shri Akshay Tapdiya, Sr. DR
Section 143Section 143(3)Section 147Section 271(1)(c)

penalty of Rs. 5,55,197/- being hundred percent of the tax determined on addition of Rs. 24,19,413/- made on the basis of profit estimated @ 12.5% of the impugned bogus purchases. In the case of the assessee, it is clear from the copy of the notice issued u/s 274 of the Act filed in the paper book that

ACE ELECTROMAGNETICS PRIVATE LIMITED ,MUMBAI vs. ITO,WD 9(1)(1), MUMBAI

In the result, appeal of the assessee is allowed

ITA 1865/MUM/2025[2011-12]Status: DisposedITAT Mumbai31 Jul 2025AY 2011-12

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2011-12

For Appellant: Ms. Kinjal Bhuta, AdvocateFor Respondent: Shri Aditya M. Rai, Sr. DR
Section 145(3)Section 148Section 271(1)Section 271(1)(c)Section 271(1)(e)

Section 271(1)(e) of the Income-tax Act, 1961, without striking off the irrelevant limb, i.e., whether the penalty levied is for concealment of particulars of income or for furnishing inaccurate particulars of income and the same is bad in law. 2. The Ld. CIT(A) erred in conforming the penalty order u/s. 271(1)(c) of the Income

FRANKLIN TEMPLETON INTERNATIONAL SERVICES (INDIA) P.LTD,MUMBAI vs. DCIT CIR 3(1), MUMBAI

In the result, appeals filed by the assessee stands partly allowed

ITA 2047/MUM/2014[2009-10]Status: DisposedITAT Mumbai20 Feb 2026AY 2009-10

Bench: Smt. Beena Pillai () & Shri Girish Agrawal ()

Section 133(6)Section 92D

197(1) of the Act authorizing non-deduction of TDS from payments to Kone, copies of which were submitted by the Appellant to the DRP and the AO. 2.2.2. The learned AO erred on facts and in law in disallowing the payment made to Kone without giving any opportunity to the Appellant to explain the position. 2.3. Further, the learned

SEEMA HEERA,MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME TAX (OSD) (IT) - 2(2)(1), MUMBAI

In the result appeal of the assessee is allowed

ITA 517/MUM/2024[2010-11]Status: DisposedITAT Mumbai10 Jul 2024AY 2010-11

Bench: Shri Pavan Kumar Gadale, Judicialmember & Shri Girish Agrawalassessment Year: 2010-11

For Appellant: Shri Dharan Gandhi, AdvocateFor Respondent: Ms. Rajeshwari Menon, Sr. DR
Section 144Section 147Section 148Section 234ASection 271Section 274Section 54

penalty proceedings u/s 274 read with section 271 of the Act be dropped. 8. The Ld. CIT (A) has erred upholding the action of the Ld. AO in the levying interest u/s 234A, 234B and 234C of the Act.” 3. Brief facts of the case are that assessee is a non-resident. She did not file her return of income

ASIF HUSSAIN SHAH SAYAD,MUMBAI vs. INT TAX WARD 4(2)(1), MUMBAI

In the result the appeal filed by the assessee stands allowed

ITA 3094/MUM/2024[2017-18]Status: DisposedITAT Mumbai24 Sept 2024AY 2017-18

Bench: Smt. Beena Pillai, Jm & Shri Omkareshwar Chidara, Am

For Appellant: Ms. Mona MakwanaFor Respondent: Shri Ram Krishn Kedia (SR
Section 139Section 147Section 148Section 197Section 270Section 270ASection 271

u/s 270A dated 28.07.2023 and have levied penalty of Rs.8,06,343/-. Requesting Your Honour, to delete the additions made to the Total income of the 2. On the facts and Circumstances of the case, the order passed by the learned AO under s. 270A of the Act is bad-in-law and the learned CIT(A) erred in upholding

INGRAM MICRO INDIA PVT.LTD.(EARLIER KNOWN AS INGRAM MICRO INDIA LTD.),MUMBAI vs. DCIT(OSDII), CR-7 (NOW DCIT, CC-4(4), MUMBAI

ITA 2268/MUM/2016[2010-11]Status: DisposedITAT Mumbai28 Apr 2023AY 2010-11
For Appellant: Shri M.M. GolvalaFor Respondent: Dr. Yogesh Kamat
Section 143(3)Section 144C(13)Section 144C(5)

u/s. 37 of the Income tax Act 1961. During the course of Assessments we have provide detail of expenses like Rent expenses along with amount of TDS deducted, Legal and professional charges, security charges, Travelling & conveyance, Staff welfare, Rates and Taxes, Salary & wages, creditors list along with address. We have a staff of around 1000 on our pay roll