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121 results for “penalty u/s 271”+ Section 10(3)clear

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Key Topics

Section 143(3)89Addition to Income60Section 271(1)(c)58Section 26345Section 271(1)(b)45Penalty43Section 142(1)41Section 80I34Deduction

ACIT, AMRAVATI CIRCLE, AMRAVATI vs. CHANDRAPUR DIST CENTRAL CO-OP BANK LTD, CHANDRAPUR

In the result, appeal filed by the Revenue is dismissed

ITA 398/NAG/2023[2014-15]Status: DisposedITAT Nagpur18 Sept 2024AY 2014-15

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

For Appellant: Shri Mahavir AtalFor Respondent: Shri Sandeep Salonkhe
Section 271(1)(c)Section 36Section 36(1)Section 36(1)(viia)

u/s 36(1)(viia) of LT. Act 1961 on account of non- provisions of the same in books of account The relevant observations from the decision are reproduced herein under for reference. ""Whether the Hon'ble ITAT has erred in law in deleting the penalty levied by the Assessing Officer under section 274 read with section 271

Showing 1–20 of 121 · Page 1 of 7

34
Section 153A33
Section 25033
Condonation of Delay24

DEPUTY COMMISSIONER OF INCOME TAX, AMRAVATI & CHANDRAPUR CIRCLE, AMRAVATI vs. CHANDRAPUR DISTRICT CENTRAL CO-OP BANK LTD., CHANDRAPUR

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

ITA 89/NAG/2022[2018-19]Status: DisposedITAT Nagpur21 Aug 2024AY 2018-19

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

For Appellant: Shri Mahavir AtalFor Respondent: Shri Kailash C. Kanojiya
Section 143(3)Section 271(1)(c)Section 274Section 36(1)(viia)

10,47,680, after claiming deduction under section 36(1)(viia) of the Act amounting tors 46,57,11,248. The case was selected for scrutiny. By following due process, the assessment was completed under section 143(3) of the Act dated 26/02/2016, assessing total income of ` 23,51,05,202. Subsequently, penalty proceedings were initiated under section 271

ASSISTANT COMMISSIONER OF INCOME TAX , CHANDRAPUR CIRCLE , CHANDRAPUR vs. M/S CHANDRAPUR DISTRICT CENTRAL CO-OPRATIVE BANK LIMTED , CHANDRAPUR

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

ITA 241/NAG/2018[2013-14]Status: DisposedITAT Nagpur21 Aug 2024AY 2013-14

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

For Appellant: Shri Mahavir AtalFor Respondent: Shri Kailash C. Kanojiya
Section 143(3)Section 271(1)(c)Section 274Section 36(1)(viia)

10,47,680, after claiming deduction under section 36(1)(viia) of the Act amounting tors 46,57,11,248. The case was selected for scrutiny. By following due process, the assessment was completed under section 143(3) of the Act dated 26/02/2016, assessing total income of ` 23,51,05,202. Subsequently, penalty proceedings were initiated under section 271

ACIT, CHANDRAPUR CIRCLE , CHANDRAPUR vs. CHANDRAPUR DISTT. CENTRAL CO-OP BANK LTD , CHANDRAPUR

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

ITA 399/NAG/2019[2015-16]Status: DisposedITAT Nagpur21 Aug 2024AY 2015-16

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

For Appellant: Shri Mahavir AtalFor Respondent: Shri Kailash C. Kanojiya
Section 143(3)Section 271(1)(c)Section 274Section 36(1)(viia)

10,47,680, after claiming deduction under section 36(1)(viia) of the Act amounting tors 46,57,11,248. The case was selected for scrutiny. By following due process, the assessment was completed under section 143(3) of the Act dated 26/02/2016, assessing total income of ` 23,51,05,202. Subsequently, penalty proceedings were initiated under section 271

M/S NAVAL K AGARWAL,NAGPUR vs. ASSTT.COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE-1(1), NAGPUR

In the result, this appeal by the assessee is allowed

ITA 32/NAG/2013[2009-10]Status: DisposedITAT Nagpur29 Mar 2017AY 2009-10

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

For Appellant: Shri K.P. DewaniFor Respondent: Shri A.R. Ninawe
Section 132(1)Section 132(4)Section 143(3)Section 271A

3) No penalty under the provisions of clause (c) of sub-section (1) of section 271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub- section (1). (4) The provisions of sections 274 and 275 shall, so far as may be, apply in relation to the penalty referred to in this section. Explanation

M/S FUEL CORPORATION OF INDIA,NAGPUR vs. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(1), NAGPUR

In the result, assessee’s appeal is ordered to be allowed

ITA 33/NAG/2013[2009-10]Status: DisposedITAT Nagpur23 Jun 2017AY 2009-10

Bench: Shri P.K. Bansal & Shri Amarjit Singh

For Appellant: Shri K.P. DewaniFor Respondent: Shri A.R. Ninawe
Section 132Section 132(1)Section 133(4)Section 134(4)Section 143(3)Section 271ASection 4

3) No penalty under the provisions of clause (c) of sub-section (1) of section 271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1). (4) The provisions of sections 274 and 275 shall, so far as may be, apply in relation to the penalty referred to in this section. Explanation

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

271-1. section 271J, clause (c) or clause (d) of sub-section (1) or sub-section (2) of section 2724, sub-section (1) of section 272AA or section 272B or sub-section (1) or sub-section (1A) of section 272BB or sub-section (1) of section 272BBB or clause (b) of sub- section (1) or clause (b) or clause

BHAKTVATSAL SADGURU YOGIRAJ VASANTRAO GOPALRAO GHONGE MAHARAJ TRUST,WARDHA vs. ACIT CENTRAL CIRCLE-1(1), NAGPUR

In the result, assessee’s appeal stands allowed

ITA 598/NAG/2024[2009-10]Status: DisposedITAT Nagpur04 Mar 2025AY 2009-10

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

For Appellant: NoneFor Respondent: Shri Sandipkumar Salunke
Section 11Section 12ASection 132Section 143(3)Section 153CSection 263Section 271Section 271(1)(C)Section 271(1)(c)Section 28

10. 2. In its appeal, the assessee has raised following grounds:– “1. Assessee is a registered trust under Section 12A of the 1.T. Act, 1961 and also under the Public Trust Act. 2. In assessment order, addition is made by denying the exemption u/s 11 of the Act and disallowing the expenses towards the object of the trust

CHANDRA SURESH KOTHARI,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, NAGPUR

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

ITA 126/NAG/2021[2015-16]Status: DisposedITAT Nagpur20 Dec 2021AY 2015-16

Bench: Shri Sandeep Gosain, Jm & Shri O.P. Kant, Am

For Appellant: Shri Hitesh P Shah (CA)For Respondent: Shri Pradeep Hedaoo (CIT-DR)
Section 132Section 271(1)(c)

U/s 271(1)(c) of the Act. 7. The ld. AR appearing on behalf of the assessee has reiterated the same arguments as were raised before the ld. CIT(A) and also relied on the written submissions filed before the ld. CIT(A). For the cost of repetition, 3 ITA 125 & 126/NAG/2021_ Chandra Suresh Kothari Vs DCIT there

CHANDRA SURESH KOTHARI,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(2), NAGPUR

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

ITA 125/NAG/2021[2014-15]Status: DisposedITAT Nagpur20 Dec 2021AY 2014-15

Bench: Shri Sandeep Gosain, Jm & Shri O.P. Kant, Am

For Appellant: Shri Hitesh P Shah (CA)For Respondent: Shri Pradeep Hedaoo (CIT-DR)
Section 132Section 271(1)(c)

U/s 271(1)(c) of the Act. 7. The ld. AR appearing on behalf of the assessee has reiterated the same arguments as were raised before the ld. CIT(A) and also relied on the written submissions filed before the ld. CIT(A). For the cost of repetition, 3 ITA 125 & 126/NAG/2021_ Chandra Suresh Kothari Vs DCIT there

M/S ABHIJIT CONSTRUCTION CO.,NAGPUR vs. A,C.I.T CENT CIR. 1(4), NAGPUR

In the result, assessee’s appeal for the assessment year 2007–08

ITA 495/NAG/2016[2007-08]Status: DisposedITAT Nagpur28 Jun 2017AY 2007-08

Bench: Shri P.K. Bansal & Shri Amarjit Singh

For Appellant: Shri K.P. DewaniFor Respondent: Shri A.R. Ninawe
Section 132(1)Section 139Section 139(1)Section 143(3)Section 153ASection 153A(1)(a)Section 271(1)(c)

u/s 143(3) r/w section 153A of the Act. Assessee agreed to pay tax to buy peace and avoid litigation. Assessee has not claimed that entry in document represents its income. Explanation 5A is not applicable in the case of assessee hence, the assessee cannot be visited with penalty under section 271(1)(c) of the Act. Penalty exigible only

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

The appeal of the assessee is ALLOWED

ITA 60/NAG/2022[2016-17]Status: DisposedITAT Nagpur30 Oct 2023AY 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)

10,000/- 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. 3. At the virtual hearing, the Ld. AR solidifying

SHRI RAJESH MOOLCHAND DAYARAMANI,,NAGPUR vs. ACIT-CIRCLE-8,, NAGPUR

In the result, assessee’s appeal is allowed

ITA 293/NAG/2014[2009-10]Status: DisposedITAT Nagpur28 Jun 2017AY 2009-10

Bench: Shri P.K. Bansal & Shri Amarjit Singh

For Appellant: Shri K.P. DewaniFor Respondent: Shri A.R. Ninawe
Section 271(1)(c)Section 54FSection 54F(1)

10. 2. The grounds raised by the assessee are reproduced below:– “1. The learned CIT(A) erred in confirming the penalty of ` 18,00,000 under section 271(1)(c). 2 Shri Rajesh Moolchand Dayaramani 2. On the facts and in the circumstances of the case provisions of section 271(1)(c) do not apply. 3. The learned

DCIT CIRCLE-2, NAGPUR vs. M/S TRISTER RETAIL CONCEPTS PRIVATE LIMITED, NAGPUR

In the result, department’s appeal stands dismissed

ITA 319/NAG/2024[2015-16]Status: DisposedITAT Nagpur25 Feb 2025AY 2015-16

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

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 139Section 143(3)Section 271(1)(c)

u/s 271(1)(c) of the IT Act, 1961 is deleted and the ground taken by the assessee is allowed. 5. As a result, appeal is allowed.” The assessee being aggrieved is in appeal before the Tribunal. 6 M/s. Tristar Retail Concepts Pvt. Ltd. ITA no.319/Nag./2024 5. The learned Departmental Representative relied upon the penalty order passed

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

SUNITA ASHOK BHAIYA ,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-5, NAGPUR

In the result, appeal filed by the assessee for the A

ITA 42/NAG/2023[2012-13]Status: DisposedITAT Nagpur29 May 2024AY 2012-13

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

For Appellant: Ms./Shri Shri Alfiya RozieFor Respondent: Shri Mrunmay Ramteke
Section 143(1)Section 148Section 271(1)(c)Section 80I

penalty of ` 59,160, under section 271(1)(c) of the Act. 3. During the year under consideration, the assessee was carrying on the business of selling rice through milling with the help of system of integrated handling, storage and transportation. According to the assessee, the system of integrated handling, storage and transportation was carried as mentioned in Sunita Ashok

SUNITA ASHOK BHAIYA,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-5, NAGPUR

In the result, appeal filed by the assessee for the A

ITA 40/NAG/2023[2010-11]Status: DisposedITAT Nagpur29 May 2024AY 2010-11

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

For Appellant: Ms./Shri Shri Alfiya RozieFor Respondent: Shri Mrunmay Ramteke
Section 143(1)Section 148Section 271(1)(c)Section 80I

penalty of ` 59,160, under section 271(1)(c) of the Act. 3. During the year under consideration, the assessee was carrying on the business of selling rice through milling with the help of system of integrated handling, storage and transportation. According to the assessee, the system of integrated handling, storage and transportation was carried as mentioned in Sunita Ashok

SUNITA ASHOK BHAIYA,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-5, NAGPUR

In the result, appeal filed by the assessee for the A

ITA 41/NAG/2023[2011-12]Status: DisposedITAT Nagpur29 May 2024AY 2011-12

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

For Appellant: Ms./Shri Shri Alfiya RozieFor Respondent: Shri Mrunmay Ramteke
Section 143(1)Section 148Section 271(1)(c)Section 80I

penalty of ` 59,160, under section 271(1)(c) of the Act. 3. During the year under consideration, the assessee was carrying on the business of selling rice through milling with the help of system of integrated handling, storage and transportation. According to the assessee, the system of integrated handling, storage and transportation was carried as mentioned in Sunita Ashok

SUNITA ASHOK BHAIYA,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCEL-5, NAGPUR

In the result, appeal filed by the assessee for the A

ITA 43/NAG/2023[2013-14]Status: DisposedITAT Nagpur29 May 2024AY 2013-14

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

For Appellant: Ms./Shri Shri Alfiya RozieFor Respondent: Shri Mrunmay Ramteke
Section 143(1)Section 148Section 271(1)(c)Section 80I

penalty of ` 59,160, under section 271(1)(c) of the Act. 3. During the year under consideration, the assessee was carrying on the business of selling rice through milling with the help of system of integrated handling, storage and transportation. According to the assessee, the system of integrated handling, storage and transportation was carried as mentioned in Sunita Ashok

BHAVIKA GUNWANT PATEL,NAGPUR vs. INCOME TAX OFFICER, WARD 4(3), NAGPUR

In the result, appeal filed by the assessee are allowed

ITA 366/NAG/2023[2012-13]Status: DisposedITAT Nagpur14 May 2024AY 2012-13

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

For Appellant: Shri Rajesh LoyaFor Respondent: Shri Abhay R. Marathe
Section 10(38)Section 143(3)Section 271(1)(c)Section 69C

penalty of ` 33,255, under section 271(1)(c) of the Act which was confirmed by the learned CIT(A) as well. The learned CIT(A), while confirming the order passed by the Assessing Officer under section 271(1)(c), observed as under:– “5.1 This appeal is being directed against the order u/s 271