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79 results for “penalty u/s 271”+ Section 16clear

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Key Topics

Section 143(3)81Addition to Income49Section 194A48Section 153A45Section 271(1)(b)42Section 271(1)(c)40Section 26340Deduction33Section 201(1)

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)

penalty u/s 271(1)(c) of I.T. Act 1961. 6.2 The appellant has relied on several judicial decisions to argue its case and these were perused. It is observed that the Hon'ble ITAT Bangalore Bench, Bangalore in case of Syndicate Bank Us. DOIT reported at 78 ITD 103 has concluded that the deduction u/s 36(1)(viia

Showing 1–20 of 79 · Page 1 of 4

32
Section 197A32
Condonation of Delay22
Penalty20

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)

u/s 271(1)(c) of I.T. Act 1961 at Rs. 12.5 cores is hereby cancelled. The grounds of appeal are allowed.” The Revenue, being aggrieved by the aforesaid order passed by the learned CIT(A) deleting the penalty levied by the Assessing Officer under section 271(1)(c) of the Act, is in appeal before the Tribunal. 8. We have

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)

u/s 271(1)(c) of I.T. Act 1961 at Rs. 12.5 cores is hereby cancelled. The grounds of appeal are allowed.” The Revenue, being aggrieved by the aforesaid order passed by the learned CIT(A) deleting the penalty levied by the Assessing Officer under section 271(1)(c) of the Act, is in appeal before the Tribunal. 8. We have

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)

u/s 271(1)(c) of I.T. Act 1961 at Rs. 12.5 cores is hereby cancelled. The grounds of appeal are allowed.” The Revenue, being aggrieved by the aforesaid order passed by the learned CIT(A) deleting the penalty levied by the Assessing Officer under section 271(1)(c) of the Act, is in appeal before the Tribunal. 8. We have

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

Section 271 (1) (C) of the Act. It was further held that in case there is nothing to the contrary in the statement recorded u/s 132(4) of the Act in the absence of any specific statement about the manner in which such income has been derived, it can be inferred that such undisclosed income was derived from the business

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

Section 271(1)(c) of the Act. It was further held that in case there is nothing to the contrary in the statement recorded u/s 132(4) of the Act in the absence of any specific statement about the manner in which such income has been derived, it can be inferred that such undisclosed income was derived from the business

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

u/s 250 of the Act is bad in law. 2. Whether on the facts and in law, the learned CIT(A) erred in upholding action of learned AO in levying penalty under section 271(1)(c) of Rs. 5,48,421/-. 2 Girdharilal Motilal Agrawal 3. Whether on the facts and in law, the notice issued for levy of penalty

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)

271(1)(c) of the Act for the concealment of income or furnishing of inaccurate particulars of income. Except mentioning the Section 271AAB of the Act in the notice, it does not talk anything about the provision of section 271AAB. Certainly, such notice has a fatal error and technically is not a correct notice in the eyes of law because

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)

271(1)(c) of the Act for the concealment of income or furnishing of inaccurate particulars of income. Except mentioning the Section 271AAB of the Act in the notice, it does not talk anything about the provision of section 271AAB. Certainly, such notice has a fatal error and technically is not a correct notice in the eyes of law because

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)

16. 2. The Revenue has raised following grounds:- “1. Whether on facts and circumstance so the case, the Id. CIT(A) was justified in deleting the penalty levied on the grounds that no deliberate attempt was made by the assessee to conceal the income or furnish inaccurate particulars of income, when, the assessee had made erroneous claim on account

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

u/s 271E of I.T. Act 1961, which is a legal requirement in such cases. The appellant has strongly contested that since there is no satisfaction recorded in the order of assessment regarding initiation of penalty proceedings under section 271E of the Act, therefore, the penalty proceedings itself is bad in law, and penalty could not have been levied. In this

VIDHARBHA KONKAN GRAMIN BANK ,NAGPUR vs. INCOME TAX OFFICER WARD 1(5) , NAGPUR

In the result, appeal filed by the assessee for A

ITA 7/NAG/2019[2014-15]Status: DisposedITAT Nagpur28 Nov 2024AY 2014-15

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

For Appellant: Shri C. NareshFor Respondent: Shri Sandipkumar Salunke
Section 22Section 36(1)Section 36(1)(viia)Section 36(1)(viii)Section 80P

Penalty notice u/s 271(1) (c) is being issued separately. 6. Sections 22 and 32 of the Regional Rural Banks Act, 1976 provides as under:- 22. Regional Rural Bank to be deemed to be a cooperative society for purpose of the Income-tax Act, 1961.- For the purpose of the Income- tax Act, 1961 (43 of 1961), or any other

VIDHARBHA KONKAN GRAMIN BANK ,NAGPUR vs. INCOME TAX OFFICER WARD 1(5) , NAGPUR

In the result, appeal filed by the assessee for A

ITA 8/NAG/2019[2015-2016]Status: DisposedITAT Nagpur28 Nov 2024AY 2015-2016

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

For Appellant: Shri C. NareshFor Respondent: Shri Sandipkumar Salunke
Section 22Section 36(1)Section 36(1)(viia)Section 36(1)(viii)Section 80P

Penalty notice u/s 271(1) (c) is being issued separately. 6. Sections 22 and 32 of the Regional Rural Banks Act, 1976 provides as under:- 22. Regional Rural Bank to be deemed to be a cooperative society for purpose of the Income-tax Act, 1961.- For the purpose of the Income- tax Act, 1961 (43 of 1961), or any other

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)

section 115BBC by treating the donations in corpus fund as anonymous donations. 16. The AO is directed to charge interest u/s. 234B as per law. The ground pertaining to initiation of penalty u/s. 271

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

16 Gajanand Financial Consultancy Pvt. Ltd. ITA no.126/Nag./2025 33. Copy of acknowledgment of e–proceedings response showing the details submitted by assessee 34. Copy of assessment order U/s. 147 of the Act dated 28/03/2022 35. Copy of notice of hearing dated 22/11/2023 36. Copy of reply filed in respect of proceedings U/s. 263 37. Copy of acknowledgment

SMT. RADHADEVI MADHUSUDAN JAJODIA,THANE vs. DEPUTY COMMISSIONER OF INCOME TAX , AMRAVATI CIRCLE, AMRAVATI

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

ITA 84/NAG/2023[2014-15]Status: DisposedITAT Nagpur25 Jun 2024AY 2014-15

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

For Appellant: Shri Himesh DambleFor Respondent: Shri Rajat Singhai
Section 142(1)Section 143(2)Section 234ASection 271(1)(c)Section 43C

penalty proceedings u/s 271(1)(c) is unjustified and unwarranted.” 3. Facts in brief:– The assessee is an individual and is engaged in the business of plot development. The assessee filed its return of income for the year under consideration on 29/11/2014, declaring total income at ` 35,60,840. The case was picked up for scrutiny through CASS

SHREE SANT BHOJAJI MAHARAJ DEOSTHAN AJANSARA,WARDHA vs. INCOME TAX OFFICER (EXEMPTION) -4, NAGPUR, NAGPUR

In the result, appeal filed by the assessee is in ITA No

ITA 211/NAG/2025[2015-2016]Status: DisposedITAT Nagpur01 Apr 2026AY 2015-2016

Bench: Shri Pawan Singh& Shri Khettra Mohan Roy

Section 12ASection 143(3)Section 250Section 263

U/s. 263 were passed beyond the time limit prescribed in the section. Accordingly, the revision order passed by the Ld. CIT(E) under s. 263 of the ITA 186, 211 & 212/Nag/2025 (A.Y. 2015–16) Shree Sant Bhojaji Maharaj Deosthan Ajansara Act dated 17/02/2021 being not as per the mandate of law cannot be sustained and is liable to be quashed

SHREE SANT BHOJAJI MAHARAJ DEOSTHAN AJANSARA,WARDHA vs. INCOME TAX OFFICER (EXEMPTION) - 4, NAGPUR, NAGPUR

In the result, appeal filed by the assessee is in ITA No

ITA 212/NAG/2025[2015-2016]Status: DisposedITAT Nagpur01 Apr 2026AY 2015-2016

Bench: Shri Pawan Singh& Shri Khettra Mohan Roy

Section 12ASection 143(3)Section 250Section 263

U/s. 263 were passed beyond the time limit prescribed in the section. Accordingly, the revision order passed by the Ld. CIT(E) under s. 263 of the ITA 186, 211 & 212/Nag/2025 (A.Y. 2015–16) Shree Sant Bhojaji Maharaj Deosthan Ajansara Act dated 17/02/2021 being not as per the mandate of law cannot be sustained and is liable to be quashed

SHREE SANT BHOJAJI MAHARAJ DEOSTHAN AJANSARA,WARDHA vs. COMMISSIONER OF INCOME TAX (EXEMPTION), PUNE AT NGP, NAGPUR

In the result, appeal filed by the assessee is in ITA No

ITA 186/NAG/2025[2015-2016]Status: DisposedITAT Nagpur01 Apr 2026AY 2015-2016

Bench: Shri Pawan Singh& Shri Khettra Mohan Roy

Section 12ASection 143(3)Section 250Section 263

U/s. 263 were passed beyond the time limit prescribed in the section. Accordingly, the revision order passed by the Ld. CIT(E) under s. 263 of the ITA 186, 211 & 212/Nag/2025 (A.Y. 2015–16) Shree Sant Bhojaji Maharaj Deosthan Ajansara Act dated 17/02/2021 being not as per the mandate of law cannot be sustained and is liable to be quashed

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