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43 results for “penalty u/s 271”+ Natural Justiceclear

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Key Topics

Section 143(3)46Section 271(1)(c)37Addition to Income36Section 6828Section 153A27Section 69A22Natural Justice17Section 25014Penalty14Section 132

ACIT, CIRCLE-4, NAGPUR vs. M/S. VIGNAHARTA INVESTMENT & FINANCE COMPANY PVT. LTD.,, NAGPUR

In the result, the appeal of Revenue is dismissed

ITA 48/NAG/2015[2007-08]Status: DisposedITAT Nagpur29 Mar 2019AY 2007-08

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri K.K. ThakarFor Respondent: Shri R.K. Baral
Section 271(1)(c)Section 28

natural justice is offended. On the basis of such proceedings, no penalty could be imposed on the assessee‟. 7. In view of the law laid down by the Hon‟ble High Court unless the charge u/s. 271

ASHWINKUMAR KAILASHCHAND BAJORIYA,AKOLA vs. INCOME TAX OFFICER, WARD -1-1, AKLO

The appeal of the assessee is ALLOWED

Showing 1–20 of 43 · Page 1 of 3

13
Section 143(2)11
Undisclosed Income8
ITA 60/NAG/2022[2016-17]Status: Disposed
ITAT Nagpur
30 Oct 2023
AY 2016-17

Bench: Shri Satbeer Singh Godara & Shri G. D. Padmahshali(Through Virtual Hearing From Pune) आयकर अपऩल सं. / Ita No. 060/Nag/2022 निर्धारण वषा / Assessment Year : 2016-17 Ashwinkumar Kailashchand Bajoriya, Murtizapur Road, Akola - 444 004 Pan: Abjpb6524E . . . . . . . अपऩलधर्थी / Appellant

For Appellant: Mr. Abhishek Kumar [‘Ld. AR’]For Respondent: Smt. Rashmi Mathur [‘Ld. DR’]
Section 115WSection 142Section 142(1)Section 143Section 143(2)Section 143(3)Section 250Section 271(1)Section 271(1)(b)Section 271(1)(ii)

u/s 271(1)(b) of the Act. 2.3 Aforestated levy of penalty was unsuccessfully assailed before first appellate authority in an appeal; consequently the assessee came in present appeal before Tribunal on twofold grounds that, the impugned levy of penalty is bad in law and without natural justice

VIJAYKUMAR SHREEVISHNU TOSHNIWAL,AKOLA vs. ITO WARD-3, AKOLA

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

ITA 314/NAG/2024[2016-17]Status: HeardITAT Nagpur12 Dec 2024AY 2016-17

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

For Appellant: Shri Kishore P. DewaniFor Respondent: Shri Abhay Y. Marathe
Section 250Section 271(1)(c)

natural justice. No video conferencing is allowed even though specific request was made in written submission uploaded on 20/01/2024. 5. The order imposing penalty u/s 271

NAGESHWARA CHARITABLE TRUST,NAGPUR vs. INCOME TAX OFFICER, WARD-1, EXEMPTION, NAGPUR

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

ITA 129/NAG/2023[2016-17]Status: DisposedITAT Nagpur18 Nov 2024AY 2016-17

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

For Appellant: Shri Kapil HiraniFor Respondent: Shri Vikash Agrawal
Section 115BSection 133(6)Section 271(1)(c)

penalty order u/s 271(1)(c), it was independent advice given by our consultant who was recently appointed and so an appeal was filed by the secretary in the interest of the Appellant Trust. Appellant thought that it would not be proper to file the Appeal against scrutiny order without waiting for the result of interest waiver application. After being

NAGESHWARA CHARITABLE TRUST,NAGPUR vs. ITO WD 3, EXEMP, NAGPUR, NAGPUR

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

ITA 128/NAG/2023[2016-17]Status: DisposedITAT Nagpur18 Nov 2024AY 2016-17

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

For Appellant: Shri Kapil HiraniFor Respondent: Shri Vikash Agrawal
Section 115BSection 133(6)Section 271(1)(c)

penalty order u/s 271(1)(c), it was independent advice given by our consultant who was recently appointed and so an appeal was filed by the secretary in the interest of the Appellant Trust. Appellant thought that it would not be proper to file the Appeal against scrutiny order without waiting for the result of interest waiver application. After being

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) of the Act is hereby Initiated separately for concealment of income.. 8.1 Hence, in order to protect the interest of the revenue, the addition of Rs.14,10,00,000/- is made in the case of the Assessee…….” 13. The learned PCIT has held that ` 4.60 crore has to be explained by Antariksh Barter

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

Penalty Proceeding u/s 271(1)(c) is hereby initiated. Total income is assessed as under- 3. On appeal, during the first appellate proceedings, due to assessee’s lackadaisical approach, the assessee did not respond to the multiple statutory notices issued the assessee and hence the learned CIT(A) dismissed the assessee’s appeal by issuing ex-parte order without dealing

TAJSHREE AUTOWHEELS PRIVATE LIMITED,NAGPUR vs. ACIT CIRCLE-4, NAGPUR

In the result, assessee’s appeal is allowed for statistical purposes

ITA 400/NAG/2024[2014-15]Status: DisposedITAT Nagpur04 Mar 2025AY 2014-15

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

For Appellant: Shri Madhav VichoreFor Respondent: Shri Abhay Y. Marathe
Section 56(2)Section 56(2)(viib)

penalty proceedings initiated u/s 271(1)(c) of Income Tax Act may be dropped as there is no concealment or inaccurate particulars stated.” 8. The learned CIT(A), considering the entire details submissions filed by the assessee, however, dismissed the appeal of the assessee by following observations:– “DECISIONS & REASONS: 7. I have considered the facts of the case and submissions

ACIT ,CIRCLE (EXEMPTION ),NAGPUR , NAGPUR vs. M/S SIPNA SHIKSHAN PRASARAK MANDAL ,AMRAVAI , AMRAVATI

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

ITA 223/NAG/2017[2013-2014]Status: DisposedITAT Nagpur28 Jun 2022AY 2013-2014

Bench: Shri Sandeep Gosain, Jm & Shri Arun Khodpia, Am Assessment Year: 2013-14 The Acit, Vs. M/S. Sipnashikshan Prasarak Mandal Circle (Exemption), Badnera Road Amravati Amravati Pan No.:Aacts 1266 J Appellant Respondent Revenue By :Shripiyushkolhe (Cit-Dr) Assessee By: Shrihimeshdemble (Ca) Date Of Hearing: 26/04/2022 Date Of Pronouncement: 28/06/2022 Order Per: Sandeep Gosain, J.M. This Appeal Has Been Filed By The Department Against The Order Of The Ld. Cit (A)-4, Nagpur Dated 27/03/2017 Passed U/S 143(3) Of The Income Tax Act, 1961 For The A.Y. 2013-14 Wherein The Department Has Raised The Following Grounds Of Appeal.

For Appellant: ShriHimeshDemble (CA)For Respondent: ShriPiyushKolhe (CIT-DR)
Section 11Section 12ASection 142(1)Section 143(1)Section 143(2)Section 143(3)

Penalty proceedings u/s 271(1)((c) are initiated separately forfurnishing inaccurate particulars of taxable income. In view of the above discussion, the total income is computed as under : Total Income : NIL The corpus donation to the extent, it is treated as anonymous at Rs 4,27,87,845/- is taxedu/s 115BBC of Income Tax Act separately.’’ 9 ACIT, CIR (EXEMPTION

SHRI ANIL LAKHANLAL MALVIYA,,NAGPUR vs. DY.CIT- 1,, NAGPUR

In the result, this appeal filed by the assessee stands allowed

ITA 54/NAG/2015[2010-11]Status: DisposedITAT Nagpur09 Jan 2017AY 2010-11

Bench: Shri Shamim Yahya & Shri Ram Lal Negi..

For Appellant: Shri Kapil HiraniFor Respondent: Shri A.R. Ninawe
Section 133(6)Section 234B

natural justice. 7. The appellant denies liability to be assessed to interest u/s 234B and 234C of the Income Tax Act, 1961. Without prejudice the levy of interest is unjustified, unwarranted and excessive. 2. First issue of disallowance of Rs.20,29,338/- - Job work charges paid. Brief facts of the case are as under : The appellant is an individual, engaged

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

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 of ` 5,28,35,502 in his bank account with Bank

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

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 of ` 5,28,35,502 in his bank account with Bank

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

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 of ` 5,28,35,502 in his bank account with Bank

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

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 of ` 5,28,35,502 in his bank account with Bank

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

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 of ` 5,28,35,502 in his bank account with Bank

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

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

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

natural justice without giving proper opportunity of being heard and without proper appreciating the facts of the case and law applicable thereto. 6. Whether the Ld. AO erred in initiating a penalty proceedings under Sec 271(1)(C) of the Act without properly appreciating the facts of the case and law applicable thereto. 7. The appellant craves leave

SHETKARI SOLVENT (INDIA) LIMITED,NAGPUR vs. ACIT C.C. 1(1), NAGPUR

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

ITA 137/NAG/2012[2007-08]Status: DisposedITAT Nagpur27 Mar 2019AY 2007-08

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.137/Nag/2012 िनधा"रण वष" / Assessment Year : 2007–08 Shetkari Solvent (India) Ltd., Ug–7&8, Jagat Chambers, Near Ambedkar Sqr, Central Avenue, Bagadganj, Nagpur–440008. .......अपीलाथ" / Appellant Pan : Aabcs0105N बनाम / V/S. Acit, Central Circle–1(1), ……""यथ" / Respondent Nagpur. Assessee By : Shri Abhay Agarwal, Adv. Revenue By : Shri U. U. Kasar, Dr सुनवाई क" तारीख / Date Of Hearing : 26.03.2019 घोषणा क" तारीख / Date Of Pronouncement : 27.03.2019 आदेश / Order Per D. Karunakara Rao, Am: This Appeal Is Filed By The Assessee Against The Order Of Cit(A)-1, Nagpur Dated 11.01.2012 For The Assessment Year 2007-08. 2. The Revised Grounds Raised By The Assessee Are As Under :– “1. That The Learned Cit(A) Erred In Confirming The Addition Of Rs.5,79,60,000 On Account Of Alleged Bogus Purchases Of Soya Doc

For Appellant: Shri Abhay Agarwal, AdvFor Respondent: Shri U. U. Kasar, DR
Section 139Section 153C

penalty proceedings u/s 271(1)(c) of the Act are separately initiated, for concealment and furnishing of inaccurate particulars in respect of income chargeable to tax.” 5. Aggrieved with the same, the assessee filed an appeal before the CIT(A). On this issue, the CIT(A) recorded the reasoning in para 7 of her order and upheld the views

SHRI ANIL BAFNA,NAGPUR vs. THE ITO, WARD- 1(1),, NAGPUR

In the result, appeal of the assessee is allowed

ITA 535/NAG/2014[2010-11]Status: DisposedITAT Nagpur16 Oct 2019AY 2010-11

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No. 535/Nag/2014 ननिाारण वषा / Assessment Year : 2010-11 Shri Anil Dalpatmal Bafna, Flat No.606, Rachana Yuthika Apartment, After Postal Colony, Amrawati Road, Nagpur-440033. Pan : Aespb0883J .......अऩीऱाथी / Appellant बनाम / V/S.

For Appellant: Shri Anil BafnaFor Respondent: Dr. Milind Bhusari
Section 271(1)(c)

natural justice with regard to this proposition is that the assessee under the scheme of welfare legislation which is embedded in the Income Tax Act, 1961 should get an opportunity to prepare himself for the defense as regards to the exact charge on which penalty is imposed upon him u/s. 271