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55 results for “penalty u/s 271”+ Section 10clear

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Key Topics

Section 271(1)(c)88Penalty48Section 270A42Addition to Income38Section 27437Section 14736Section 271A35Section 153A33Section 25031

PATLIPUTRA BUILDERS LIMITED,PATNA vs. ACIT, CENTRAL CIRCLE-2, PATNA

In the result, all the captioned appeals of the assessee for A

ITA 53/PAT/2021[2010-11]Status: DisposedITAT Patna30 Sept 2024AY 2010-11

Bench: Dr. Manish Borad, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri Shrawan Kr. Jha, ARFor Respondent: Shri Rinku Singh, DR
Section 132Section 271(1)(c)Section 271A

10% of tax sought to be evaded. Synopsis of Argument Without recording statement imposition Preliminary requirement for invoking penalty u/s of the penalty u/s 271AAA is not 271AAA is basis of statement recorded during the period sustainable. of search u/s 132(4) of the Act. But in our case no such statement was recorded. The director of the assessee company

PATLIPUTRA BUILDERS LIMITED,PATNA vs. ACIT, CENTRAL CIRCLE-2, PATNA

Showing 1–20 of 55 · Page 1 of 3

Section 14824
Natural Justice23
Survey u/s 133A14

In the result, all the captioned appeals of the assessee for A

ITA 54/PAT/2021[2011-12]Status: DisposedITAT Patna30 Sept 2024AY 2011-12

Bench: Dr. Manish Borad, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri Shrawan Kr. Jha, ARFor Respondent: Shri Rinku Singh, DR
Section 132Section 271(1)(c)Section 271A

10% of tax sought to be evaded. Synopsis of Argument Without recording statement imposition Preliminary requirement for invoking penalty u/s of the penalty u/s 271AAA is not 271AAA is basis of statement recorded during the period sustainable. of search u/s 132(4) of the Act. But in our case no such statement was recorded. The director of the assessee company

PATLIPUTRA BUILDERS LIMITED,PATNA vs. ACIT, CENTRAL CIRCLE-2, PATNA

In the result, all the captioned appeals of the assessee for A

ITA 56/PAT/2021[2013-14]Status: DisposedITAT Patna30 Sept 2024AY 2013-14

Bench: Dr. Manish Borad, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri Shrawan Kr. Jha, ARFor Respondent: Shri Rinku Singh, DR
Section 132Section 271(1)(c)Section 271A

10% of tax sought to be evaded. Synopsis of Argument Without recording statement imposition Preliminary requirement for invoking penalty u/s of the penalty u/s 271AAA is not 271AAA is basis of statement recorded during the period sustainable. of search u/s 132(4) of the Act. But in our case no such statement was recorded. The director of the assessee company

PATLIPUTRA BUILDERS LIMITED,PATNA vs. ACIT, CENTRAL CIRCLE-2, PATNA

In the result, all the captioned appeals of the assessee for A

ITA 57/PAT/2021[2014-15]Status: DisposedITAT Patna30 Sept 2024AY 2014-15

Bench: Dr. Manish Borad, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri Shrawan Kr. Jha, ARFor Respondent: Shri Rinku Singh, DR
Section 132Section 271(1)(c)Section 271A

10% of tax sought to be evaded. Synopsis of Argument Without recording statement imposition Preliminary requirement for invoking penalty u/s of the penalty u/s 271AAA is not 271AAA is basis of statement recorded during the period sustainable. of search u/s 132(4) of the Act. But in our case no such statement was recorded. The director of the assessee company

PATLIPUTRA BUILDERS LTD,PATNA vs. ACIT CENTRAL CIRCLE-2, PATNA

In the result, all the captioned appeals of the assessee for A

ITA 52/PAT/2021[2009-10]Status: DisposedITAT Patna30 Sept 2024AY 2009-10

Bench: Dr. Manish Borad, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri Shrawan Kr. Jha, ARFor Respondent: Shri Rinku Singh, DR
Section 132Section 271(1)(c)Section 271A

10% of tax sought to be evaded. Synopsis of Argument Without recording statement imposition Preliminary requirement for invoking penalty u/s of the penalty u/s 271AAA is not 271AAA is basis of statement recorded during the period sustainable. of search u/s 132(4) of the Act. But in our case no such statement was recorded. The director of the assessee company

PATLIPUTRA BUILDERS LIMITED,PATNA vs. ACIT, CENTRAL CIRCLE-2, PATNA

In the result, all the captioned appeals of the assessee for A

ITA 55/PAT/2021[2012-13]Status: DisposedITAT Patna30 Sept 2024AY 2012-13

Bench: Dr. Manish Borad, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri Shrawan Kr. Jha, ARFor Respondent: Shri Rinku Singh, DR
Section 132Section 271(1)(c)Section 271A

10% of tax sought to be evaded. Synopsis of Argument Without recording statement imposition Preliminary requirement for invoking penalty u/s of the penalty u/s 271AAA is not 271AAA is basis of statement recorded during the period sustainable. of search u/s 132(4) of the Act. But in our case no such statement was recorded. The director of the assessee company

ACIT, CENTRAL CIRCLE-3, PATNA vs. SUBHASH PD. YADAV, PATNA

In the result, the appeal of the Revenue is dismissed

ITA 97/PAT/2021[2014-15]Status: DisposedITAT Patna02 Jun 2023AY 2014-15

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

Section 132(1)Section 133ASection 139Section 153ASection 271(1)(c)Section 271ASection 275

u/s 271AAB(1A) are hereby quashed and accordingly the penalty imposed is deleted. 3.2. In the result, the appeal is allowed”. 7. The ld. CIT(DR) relied upon the order of the ld. Assessing Officer, whereas the ld. Counsel for the assessee relied upon the order of ld. CIT(Appeals). Since the penalty has been levied under section 271AAB

RAINBOW PRODUCTS PVT LTD,PATNA vs. ACIT, CENTRAL CIRCLE-1, PATNA

Appeal is allowed

ITA 61/PAT/2019[2014-15]Status: DisposedITAT Patna17 Sept 2020AY 2014-15

Bench: Shri S. S. Godara, Jm & Dr. A. L. Saini, Am]

Section 132Section 139Section 153ASection 271Section 271ASection 271MSection 274

271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1). 3 Rainbow Products Pvt. Ltd., AY-2014-15 (3) The provisions of sections 274 and 275 shall, as far as may be, apply in relation to the penalty referred to in this section. Explanation.-For the purposes of this section

M/S VATSA CONSTRUCTION PVT LTD.,PATNA vs. ACIT, CIRCLE-2, PATNA

In the result, the appeals of the assessee are allowed

ITA 10/PAT/2017[2007-08]Status: DisposedITAT Patna15 Mar 2018AY 2007-08

Bench: Sh. N. K. Sainiita No. 09/Pat./2017 : Asstt. Year : 2007-08 Ita No. 10/Pat./2017 : Asstt. Year : 2007-08 M/S Vatsa Constructions Pvt. Vs Asstt. Commissioner Of Income Tax, Ltd., Kasturba Path, North S.K. Circle-2, Puri, Patna-800013 Patna (Appellant) (Respondent) Pan No. Aabcv2236R Assessee By : Sh. Rakesh Kumar, Adv. Revenue By : Sh. Kausik Kumar Das, Sr. Dr Date Of Hearing : 13.03.2018 Date Of Pronouncement : 15.03.2018 Order These Two Appeals By The Assessee Are Directed Against The Separate Orders Each Dated 06.10.2016 Of Ld. Cit(A)-1, Patna.

For Appellant: Sh. Rakesh Kumar, AdvFor Respondent: Sh. Kausik Kumar Das, Sr. DR
Section 144Section 271(1)(c)Section 44A

section 271(1).” ITA Nos. 09 & 10/Pat./2017 4 Vatsa Construction 10. We, therefore, by respectfully following the ratio laid down in the aforesaid referred to cases delete the penalty levied by the AO u/s

BISHWANATH PRASAD,MUZAFFARPUR vs. AC/DCIT CENTRAL CIRCLE, MUZAFFARPUR

In the result, all the appeals of the assessee (s) in ITA Nos

ITA 163/PAT/2023[2017-18]Status: HeardITAT Patna29 Aug 2024AY 2017-18

Bench: Shri Rajpal Yadav, Vp & Shri Dr. Manish Borad, Am

For Appellant: Shri SK Tulsiyan, &For Respondent: Shri Ashwani Kr. Singal, DR
Section 132Section 139(1)Section 143(3)Section 153ASection 270A

271/-. The assessment was completed u/s 143(3) read with section 153A of the Act on 13th March, 2022, and returned income was accepted. Hon'ble Courts have held time and again that once the assessee furnishes income tax return u/s 153A of the Act, and the same is accepted by the learned Assessing Officer for the purpose of carrying

NAND KUMAR PRASAD SAH,MUZAFFARPUR vs. AC/DCIT CENTRAL CIRCLE, MUZAFFARPUR

In the result, all the appeals of the assessee (s) in ITA Nos

ITA 172/PAT/2023[2020-21]Status: HeardITAT Patna29 Aug 2024AY 2020-21

Bench: Shri Rajpal Yadav, Vp & Shri Dr. Manish Borad, Am

For Appellant: Shri SK Tulsiyan, &For Respondent: Shri Ashwani Kr. Singal, DR
Section 132Section 139(1)Section 143(3)Section 153ASection 270A

271/-. The assessment was completed u/s 143(3) read with section 153A of the Act on 13th March, 2022, and returned income was accepted. Hon'ble Courts have held time and again that once the assessee furnishes income tax return u/s 153A of the Act, and the same is accepted by the learned Assessing Officer for the purpose of carrying

NAND KUMAR PRASAD SAH,MUZAFFARPUR vs. AC/DCIT CENTRAL CIRCLE, MUZAFFARPUR

In the result, all the appeals of the assessee (s) in ITA Nos

ITA 170/PAT/2023[2019-20]Status: HeardITAT Patna29 Aug 2024AY 2019-20

Bench: Shri Rajpal Yadav, Vp & Shri Dr. Manish Borad, Am

For Appellant: Shri SK Tulsiyan, &For Respondent: Shri Ashwani Kr. Singal, DR
Section 132Section 139(1)Section 143(3)Section 153ASection 270A

271/-. The assessment was completed u/s 143(3) read with section 153A of the Act on 13th March, 2022, and returned income was accepted. Hon'ble Courts have held time and again that once the assessee furnishes income tax return u/s 153A of the Act, and the same is accepted by the learned Assessing Officer for the purpose of carrying

BISHWANATH PRASAD,MUZAFFARPUR vs. AC/DCIT CENTRAL CIRCLE, MUZAFFARPUR

In the result, all the appeals of the assessee (s) in ITA Nos

ITA 166/PAT/2023[2020-21]Status: HeardITAT Patna29 Aug 2024AY 2020-21

Bench: Shri Rajpal Yadav, Vp & Shri Dr. Manish Borad, Am

For Appellant: Shri SK Tulsiyan, &For Respondent: Shri Ashwani Kr. Singal, DR
Section 132Section 139(1)Section 143(3)Section 153ASection 270A

271/-. The assessment was completed u/s 143(3) read with section 153A of the Act on 13th March, 2022, and returned income was accepted. Hon'ble Courts have held time and again that once the assessee furnishes income tax return u/s 153A of the Act, and the same is accepted by the learned Assessing Officer for the purpose of carrying

BISHWANATH PRASAD,MUZAFFARPUR vs. AC/DCIT CENTRAL CIRCLE, MUZAFFARPUR

In the result, all the appeals of the assessee (s) in ITA Nos

ITA 165/PAT/2023[2019-20]Status: HeardITAT Patna29 Aug 2024AY 2019-20

Bench: Shri Rajpal Yadav, Vp & Shri Dr. Manish Borad, Am

For Appellant: Shri SK Tulsiyan, &For Respondent: Shri Ashwani Kr. Singal, DR
Section 132Section 139(1)Section 143(3)Section 153ASection 270A

271/-. The assessment was completed u/s 143(3) read with section 153A of the Act on 13th March, 2022, and returned income was accepted. Hon'ble Courts have held time and again that once the assessee furnishes income tax return u/s 153A of the Act, and the same is accepted by the learned Assessing Officer for the purpose of carrying

BISHWANATH PRASAD,MUZAFFARPUR vs. AC/DCIT CENTRAL CIRCLE, MUZAFFARPUR

In the result, all the appeals of the assessee (s) in ITA Nos

ITA 164/PAT/2023[2018-19]Status: HeardITAT Patna29 Aug 2024AY 2018-19

Bench: Shri Rajpal Yadav, Vp & Shri Dr. Manish Borad, Am

For Appellant: Shri SK Tulsiyan, &For Respondent: Shri Ashwani Kr. Singal, DR
Section 132Section 139(1)Section 143(3)Section 153ASection 270A

271/-. The assessment was completed u/s 143(3) read with section 153A of the Act on 13th March, 2022, and returned income was accepted. Hon'ble Courts have held time and again that once the assessee furnishes income tax return u/s 153A of the Act, and the same is accepted by the learned Assessing Officer for the purpose of carrying

SHAMBHU PRAKASH SAH,PATNA vs. ITO, WARD-6(3), PATNA

In the result, appeal filed by the assessee stands allowed on legal ground

ITA 36/PAT/2020[2010-11]Status: DisposedITAT Patna08 Dec 2022AY 2010-11

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

Section 250Section 271Section 271(1)(c)Section 274

section 274 r.w.s. 271(1)(c) of the Act without specifying the limb under which the penalty proceedings have been initiated and proceeded with, apparently goes to prove that notice in this case has been issued in a stereotyped manner without applying mind which is bad in law, hence cannot be considered a valid notice sufficient to impose penalty u/s

SANJAY KUMAR MODI,PATNA vs. ACIT, CENTRAL CIRCLE-3, PATNA

Appeal is allowed

ITA 41/PAT/2019[2012-13]Status: DisposedITAT Patna16 Sept 2020AY 2012-13

Bench: Shri S.S. Godara, Jm & Dr. A. L. Saini, Am Assessment Year:2012-13 बनाम Sanjay Kumar Modi Acit, Central Circle-3, Patna / 20B, Arya Nagar Colony, Lodi V/S. Katra, Patna City, Patna Pan No.Afupm7073G अपीलाथ" /Appellant ""यथ" /Respondent .. अपीलाथ" क" ओर से/By Appellant None ""यथ" क" ओर से/By Respondent Shri Indrajit Singh, Cit, Dr

Section 271Section 271(1)(c)Section 274

271(1)(c) of the Act. It emerges from the relevant penalty notice dated 31.03.2016 that the Assessing Officer did not specify as to whether the assessee is accused of concealment of particulars of any taxable income or it had furnished inaccurate Sanjay Kumar Modi particulars of such income. This tribunal’s co-ordinate bench’s decision in Nishith Kumar

JOANNA GOKAVI,NEW DELHI vs. ITO, WARD-1, MOTIHARI

Appeal is allowed

ITA 218/PAT/2018[2012-13]Status: DisposedITAT Patna16 Sept 2020AY 2012-13

Bench: Shri S.S. Godara, Hon’Ble Jm & Dr. A. L. Saini, Hon’Ble Am Assessment Year:2012-13 बनाम Dr. (Mrs.) Joanna Gokavi Ito, Ward – 1, Motihari / B-19, Anand Niketan, New V/S. Delhi – 110021. Pan No.Amepg 2067 M अपीलाथ" /Appellant ""यथ" /Respondent .. अपीलाथ" क" ओर से/By Appellant None ""यथ" क" ओर से/By Respondent Shri Ajay Kumar, Addl. Cit, Sr. Dr

Section 271Section 271(1)(c)Section 274

271(1)(c) of the Act. It emerges from the relevant penalty notice dated 21.10.2014 that the Assessing Officer did not specify as to whether the assessee is accused of concealment of particulars of any taxable income or it had furnished inaccurate particulars of such Dr. (Mrs.) Joanna Gokavi income. This tribunal’s co-ordinate bench’s decision in Nishith

SANJAY YADAV,JAHANABAD vs. NFAC, DELHI, DELHI

In the result, all the three appeals filed by the assessee are partly allowed for statistical purposes

ITA 217/PAT/2025[2016-17]Status: DisposedITAT Patna11 Sept 2025AY 2016-17

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 142(1)Section 147Section 234BSection 250Section 271(1)(b)Section 271(1)(c)

10,000/-. 2. For that the Ld. CIT (A) NFAC has failed to appreciate that imposing penalty without proper service of notice and adequate opportunity and thus has violated the principles of equity and natural justice. 3. For that the Id. CIT(A) NFAC has erred in affirming imposition of penalty u/s 271(1)(b) for allegation non-compliance

SANJAY YADAV,JAHANABAD vs. NFAC, DELHI, DELHI

In the result, all the three appeals filed by the assessee are partly allowed for statistical purposes

ITA 216/PAT/2025[2016-17]Status: DisposedITAT Patna11 Sept 2025AY 2016-17

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 142(1)Section 147Section 234BSection 250Section 271(1)(b)Section 271(1)(c)

10,000/-. 2. For that the Ld. CIT (A) NFAC has failed to appreciate that imposing penalty without proper service of notice and adequate opportunity and thus has violated the principles of equity and natural justice. 3. For that the Id. CIT(A) NFAC has erred in affirming imposition of penalty u/s 271(1)(b) for allegation non-compliance