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41 results for “penalty u/s 271”+ Cash Depositclear

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Key Topics

Section 143(3)51Addition to Income30Section 153A27Section 69A27Section 6827Section 14820Section 271D20Section 14719Section 250

PRAVIN SHRAWANLAL SAHU,NAGPUR vs. ASSESSING OFFICER, NFAC, DELHI

In the result, appeal of the assessee in ITA

ITA 200/NAG/2023[2015-16]Status: DisposedITAT Nagpur27 Dec 2023AY 2015-16

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita Nos.199 & 200/Nag/2023 िनधा"रण वष" / Assessment Years : 2014-15 & 2015-16 Pravin Shrawanlal Sahu, The Assessing Officer- Plot No.517, Sahu Bhawan, V Nfac. Chandabai Layout, Chandan S Nagar, Medical Square, Nagpur – 440009. Pan: Bbmps2413P Appellant / Assessee Respondent / Revenue Assessee By Shri Kapil Hirani – Ca Revenue By Shri Abhay Y. Marathe – Sr.Dr Date Of Hearing 29/11/2023 Date Of Pronouncement 27/12/2023

Section 139Section 142(1)Section 147Section 148Section 250

271(1)(c) for concealing the particulars of his income and penalty u/s 271F for non-filing of return are issued separately. Interest u/s 234A, 234B and 234C is being charged. Notice of demand being made the integral part of this order is being issued.” Pravin Shrawanlal Sahu [A] 4. Aggrieved by the assessment order, assessee carried appeal before

Showing 1–20 of 41 · Page 1 of 3

18
Penalty17
Cash Deposit10
Condonation of Delay10

PRAVIN SHRAWANLAL SAHU,NAGPUR vs. ASSESSING OFFICER, NFAC, NEW DELHI

In the result, appeal of the assessee in ITA

ITA 199/NAG/2023[2014-15]Status: DisposedITAT Nagpur27 Dec 2023AY 2014-15

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita Nos.199 & 200/Nag/2023 िनधा"रण वष" / Assessment Years : 2014-15 & 2015-16 Pravin Shrawanlal Sahu, The Assessing Officer- Plot No.517, Sahu Bhawan, V Nfac. Chandabai Layout, Chandan S Nagar, Medical Square, Nagpur – 440009. Pan: Bbmps2413P Appellant / Assessee Respondent / Revenue Assessee By Shri Kapil Hirani – Ca Revenue By Shri Abhay Y. Marathe – Sr.Dr Date Of Hearing 29/11/2023 Date Of Pronouncement 27/12/2023

Section 139Section 142(1)Section 147Section 148Section 250

271(1)(c) for concealing the particulars of his income and penalty u/s 271F for non-filing of return are issued separately. Interest u/s 234A, 234B and 234C is being charged. Notice of demand being made the integral part of this order is being issued.” Pravin Shrawanlal Sahu [A] 4. Aggrieved by the assessment order, assessee carried appeal before

SHRI PRAKASH JIWANDAS WANJARI,NAGPUR vs. JOINT COMMISSIONER OF INCOME TAX, NAGPUR

In the result, we are of the considered view that the case on hand does not warrant levy of penalty under Section 271D of the Act

ITA 232/NAG/2022[2011-12]Status: DisposedITAT Nagpur25 Oct 2024AY 2011-12

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Mahavir AtalFor Respondent: Shri Abhay Y. Marathe
Section 143(3)Section 147Section 148Section 269SSection 271DSection 273ASection 80C

deposits. The said cash was accepted with the sole intent to use as working capital in farming. The assessee has laid emphasis on the fact that he was ignorant about the provisions of law and that no penalty can be imposed when his conduct was not dishonest. The assessee has relied on various decisions but the same are not acceptable

GIRDHARILAL MOTILAL AGRAWAL,BULDANA vs. ITO WARD-1, KHAMGAON, KHAMGAON

In the result, appeal filed by the assessee is allowed

ITA 332/NAG/2024[2008-09]Status: DisposedITAT Nagpur26 Dec 2024AY 2008-09

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Abhay Y. Marathe
Section 147Section 250Section 271(1)(c)Section 274

cash deposits made. The assessee did offer an explanation which was not accepted by learned AO. However, the same was not accepted by the learned AO and hence the addition was made. Thus, under such facts, penalty should not be levied u/s 271

INCOME TAX OFFICER , WARD -4, AMRAVATI vs. SHRI MAHESH SHANKAR SORATE , DARYAPUR

In the result, appeal filed by the Revenue is dismissed

ITA 250/NAG/2018[2013-14]Status: DisposedITAT Nagpur29 Jul 2024AY 2013-14

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Abhay Y. Marathe
Section 143(3)Section 269Section 269TSection 271E

271(1)(c) of the Act. Thus in so far as penalty under section 271E is concerned, it was without any satisfaction and therefore, no such penalty could be levied." 2) DCIT, Chandigarh vs M/S Karan Empire Pvt. Ltd., Mohali on 16 February, 2017 (ITA No. ITA No.409/Chd/2011) which held as follows: Shri Mahesh Shankar Sorate ITA no.250/Nag./2018

SHRIKANT BHERULAL SHARMA LATE BHERULAL GIRDHARILAL SHARMA,WASHIM vs. INCOME TAX OFFICER WARD -3 , AKOLA

In the result, assessee’s appeal being ITA no

ITA 395/NAG/2023[2016-17]Status: DisposedITAT Nagpur12 Jun 2024AY 2016-17

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Ms. Jineshi S. ThakarFor Respondent: Shri Abhay Y. Marathe
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 250Section 263Section 69A

u/s. 143(3) and ordered the reassessment of the said issue. However he added one more issue (which was not a part of limited scrutiny) viz. A.O. to examine cash balance of Rs.23,87,017/- and bank balance of Rs. 19,22,485/- in Akola Janta Coop. Bank Ltd. The Ld. Pr.C.I.T had passed the said order without properly applying

SHRIKANT BHERULAL SHARMA LATE BHERULAL GIRDHARILAL SHARMA ,WASHIM vs. INCOME TAX OFFICER WARD-3, AKOLA

In the result, assessee’s appeal being ITA no

ITA 396/NAG/2023[2016-17]Status: DisposedITAT Nagpur12 Jun 2024AY 2016-17

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Ms. Jineshi S. ThakarFor Respondent: Shri Abhay Y. Marathe
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 250Section 263Section 69A

u/s. 143(3) and ordered the reassessment of the said issue. However he added one more issue (which was not a part of limited scrutiny) viz. A.O. to examine cash balance of Rs.23,87,017/- and bank balance of Rs. 19,22,485/- in Akola Janta Coop. Bank Ltd. The Ld. Pr.C.I.T had passed the said order without properly applying

SATISH KUMAR MADANLAL GUPTA,GONDIA vs. INCOME TAX OFFICER WARD -1, GONDIA

In the result, appeal filed by the assessee for the ay 2009–10 stands dismissed

ITA 22/NAG/2020[2009-10]Status: DisposedITAT Nagpur01 Aug 2024AY 2009-10

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri M.K.M. AgrawalFor Respondent: Shri Kailash C. Kanojiya
Section 69A

penalty u/s 271(1)(b) be orders to be waived.” 4. Brief facts:– The assessee is an individual. For the year under consideration, the assessee had not filed his return of income. During the relevant assessment year, as per AIR information, the assessee was found to have deposited cash

SATISH KUMAR MADANLAL GUPTA,GONDIA vs. INCOME TAX OFFICER WARD -1, GONDIA

In the result, appeal filed by the assessee for the ay 2009–10 stands dismissed

ITA 23/NAG/2020[2010-11]Status: DisposedITAT Nagpur01 Aug 2024AY 2010-11

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri M.K.M. AgrawalFor Respondent: Shri Kailash C. Kanojiya
Section 69A

penalty u/s 271(1)(b) be orders to be waived.” 4. Brief facts:– The assessee is an individual. For the year under consideration, the assessee had not filed his return of income. During the relevant assessment year, as per AIR information, the assessee was found to have deposited cash

INCOME TAX OFFICER WARD-1, GONDIA vs. SHRI SATISHKUMAR MADANLAL GUPTA , GONDIA

In the result, appeal filed by the assessee for the ay 2009–10 stands dismissed

ITA 28/NAG/2020[2009-10]Status: DisposedITAT Nagpur01 Aug 2024AY 2009-10

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri M.K.M. AgrawalFor Respondent: Shri Kailash C. Kanojiya
Section 69A

penalty u/s 271(1)(b) be orders to be waived.” 4. Brief facts:– The assessee is an individual. For the year under consideration, the assessee had not filed his return of income. During the relevant assessment year, as per AIR information, the assessee was found to have deposited cash

SATISH KUMAR MADANLAL GUPTA,GONDIA vs. INCOME TAX OFFICER WARD -1, GONDIA

In the result, appeal filed by the assessee for the ay 2009–10 stands dismissed

ITA 24/NAG/2020[2011-12]Status: DisposedITAT Nagpur01 Aug 2024AY 2011-12

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri M.K.M. AgrawalFor Respondent: Shri Kailash C. Kanojiya
Section 69A

penalty u/s 271(1)(b) be orders to be waived.” 4. Brief facts:– The assessee is an individual. For the year under consideration, the assessee had not filed his return of income. During the relevant assessment year, as per AIR information, the assessee was found to have deposited cash

INCOME TAX OFFICER WARD-1, GONDIA vs. SHRI SATISHKUMAR MADANLAL GUPTA , GONDIA

In the result, appeal filed by the assessee for the ay 2009–10 stands dismissed

ITA 29/NAG/2020[2011-12]Status: DisposedITAT Nagpur01 Aug 2024AY 2011-12

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri M.K.M. AgrawalFor Respondent: Shri Kailash C. Kanojiya
Section 69A

penalty u/s 271(1)(b) be orders to be waived.” 4. Brief facts:– The assessee is an individual. For the year under consideration, the assessee had not filed his return of income. During the relevant assessment year, as per AIR information, the assessee was found to have deposited cash

PRABHAKAR RAMAJI AKARE,NAGPUR vs. INCOME TAX OFFICER, WARD 4(4), NAGPUR

In the result, appeal filed by the assessee is allowed

ITA 66/NAG/2023[2011-12]Status: DisposedITAT Nagpur14 Aug 2024AY 2011-12

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: NoneFor Respondent: Shri Abhay Y. Marathe
Section 143(3)Section 147Section 148Section 271(1)(c)Section 69A

u/s 148 for the relevant year. Hence the genuineness of the assessee's claim is doubtful. 5. Accordingly, the Assessing Officer treated the cash deposit of ` 8,00,000, in the Bank of India as unexplained cash under section 69A and added the same to the total income for the year under consideration. The Assessing Officer also initiated penalty proceedings

PRABHAKAR RAMAJI AKARE,NAGPUR vs. INCOME TAX OFFCER, WARD 4(4), NAGPUR

In the result, appeal filed by the assessee is allowed

ITA 65/NAG/2023[2011-12]Status: DisposedITAT Nagpur14 Aug 2024AY 2011-12

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: NoneFor Respondent: Shri Abhay Y. Marathe
Section 143(3)Section 147Section 148Section 271(1)(c)Section 69A

u/s 148 for the relevant year. Hence the genuineness of the assessee's claim is doubtful. 5. Accordingly, the Assessing Officer treated the cash deposit of ` 8,00,000, in the Bank of India as unexplained cash under section 69A and added the same to the total income for the year under consideration. The Assessing Officer also initiated penalty proceedings

GAJANAND FINANCIAL CONSULTANCY PRIVATE LIMITED,NAGPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) NAGPUR, NAGPUR

In the result, assessee’s appeal is allowed

ITA 126/NAG/2025[2013-2014]Status: DisposedITAT Nagpur22 Sept 2025AY 2013-2014

Bench: Shri Narender Kumar Choudhry & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Pankaj Kumar
Section 143(3)Section 263Section 68

Penalty proceedings u/s. 271(1)(c) for 27 Gajanand Financial Consultancy Pvt. Ltd. ITA no.126/Nag./2025 concealment of particulars of income, of the Income Tax Act is hereby initiated separately.” vi) There is no quarrel to the proposition that the Assessing Officer had definitely come into an opinion that Tapadia Polyester Pvt. Ltd. has introduced its own unaccounted income

ASHA VINOD TATTE,AMRAVATI vs. INCOME TAX OFFICER, WARD-1, AMRAVATI

In the result, appeal filed by the assessee is allowed

ITA 5/NAG/2024[2019-20]Status: DisposedITAT Nagpur01 Oct 2024AY 2019-20

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Kishore P. DewaniFor Respondent: Shri Abhay Y. Marathe
Section 139Section 2(14)Section 269Section 269SSection 271Section 271DSection 273B

u/s 271D is illegal, invalid and bad in law. 7. Any other ground shall be prayed at the time of hearing.‖ 3. The core issue arising out of the aforesaid grounds of appeal relates to levy of penalty of ` 6,51,000, under Section 271-D of the Income Tax Act, 1961 (―the Act‖) for the violation of provisions

AMARLAL THAVARDAS PANJWANI,AMRAVATI vs. INCOME TAX OFFICER WARD-5, AMRAVATI

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 262/NAG/2024[2013-14]Status: DisposedITAT Nagpur30 Jan 2025AY 2013-14

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Kishore P. DewaniFor Respondent: Shri Abhay Y. Marathe
Section 144Section 271(1)(b)Section 271(1)(c)Section 69A

deposited the cash trough his un- explained sources of income to the tune of Rs. 89,64,612/-. Therefore, an addition of Rs. 89,64,612/- is made to the total income of the assessee as unexplained money u/s 69A of the I. T. Act. Penalty Proceeding u/s 271

DASHARATH MADANLAL LADDHAD,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, NAGPUR

In the result, appeal filed by the assessee is allowed

ITA 301/NAG/2023[2011-12]Status: DisposedITAT Nagpur09 Sept 2024AY 2011-12

Bench: Shri V. Durga Rao

For Appellant: NoneFor Respondent: Shri Abhay Y. Marathe
Section 148Section 271(1)(c)

Cash Deposits for Rs. 264000/- vide order sheet dated 21.12.2018. The A.R. of assessee was unable to explain the source for deposits, thus the amount of Rs.1135000/- (Rs. 871000/- + Rs. 264000/-) is income of assessee from undisclosed source and the said amount is added to the income of the assessee. Further penalty proceedings u/s 271

MAHESHKUMAR HARGOVIND GOYAL,NAGPUR vs. WARD 1(2), NAGPUR

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 322/NAG/2023[AY 2011-12]Status: DisposedITAT Nagpur16 May 2024

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Smt. Veena AgrawalFor Respondent: Shri Abhay Y. Marathe
Section 143(2)Section 147Section 148Section 68

deposits in the bank should not be treated as unexplained cash credit u/s 68 of the Act. In response to the same, the appellant has made its submission. The Id. A.O. has issued notice u/s 143(2) and 142(1) on 22.12.2018 and passed the order on 22.12.2018 itself. Thus, the order was passed without giving proper opportunity of being

ADITI EXPRESS CARGO INDIA PRIVATE LIMITED THROUGH ITS ERSTWHILE DIRECTOR PRASHANT NATWARLAL LAKHANI,NAGPUR vs. DCITACIT CIRCLE-3 , NAGPUR

In the result, all the captioned seven appeal are allowed for statistical purposes

ITA 498/NAG/2024[2013-14]Status: DisposedITAT Nagpur06 Dec 2024AY 2013-14

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: S/Shri Nitin Gulati a/w Pankaj KapoorFor Respondent: Shri Abhay Y. Marathe
Section 142(1)Section 147Section 148Section 250

u/s 147. 7. Penalties Imposed Without Just Cause: Penalty proceedings initiated under Sections 271(1)(b), 271(1)(c), and 271F are unjustified, as the failure to file the return was due to operational shutdown and not due to any intention to evade tax. Moreover, taxes had already been paid in excess. 8. Procedural Lapses in Appeal Proceedings: The Learned