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27 results for “penalty u/s 271”+ Section 12clear

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Key Topics

Section 14734Section 271(1)(c)26Section 25022Penalty22Addition to Income19Section 14818Section 14417Section 271(1)(b)16Section 69C

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

12. In the case of DCIT Vis R. Elangovan Ltd (supra) , Co-ordinate Bench, Chennai while dealing with the legal ground challenging the validity of notice issued u/s 274 r.w.s. 271AAB of the Act observed that; "It is clear from the Sub Section (3) of Section 271 AAB that Sections 274 and Section 275 of the Act shall

Showing 1–20 of 27 · Page 1 of 2

12
Section 142(1)11
Natural Justice10
Limitation/Time-bar5

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 271(1)(c) of the Act and sustained by the ld. CIT(A). 11. In ITA No. 10/Pat./2017, the only grievance of the assessee

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

12,04,456/- u/s 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

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)

section 142(1) of the Income- tax Act which is wrong, illegal and unjustified on the facts of the case. 4. For that the Ld. CIT (A) NFAC has failed to appreciate that no penalty is livable sustainable u/s 271(1)(b) in view of order of the Jurisdictional Tribunal directly on the issue which has been followed in umpteen

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 218/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)

section 142(1) of the Income- tax Act which is wrong, illegal and unjustified on the facts of the case. 4. For that the Ld. CIT (A) NFAC has failed to appreciate that no penalty is livable sustainable u/s 271(1)(b) in view of order of the Jurisdictional Tribunal directly on the issue which has been followed in umpteen

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)

section 142(1) of the Income- tax Act which is wrong, illegal and unjustified on the facts of the case. 4. For that the Ld. CIT (A) NFAC has failed to appreciate that no penalty is livable sustainable u/s 271(1)(b) in view of order of the Jurisdictional Tribunal directly on the issue which has been followed in umpteen

RANJEET KUMAR (INDIVIDUAL),BEGUSARAI vs. INCOME TAX OFFICER, WARD- 2 (1), BEGUSARAI

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

ITA 198/PAT/2025[2015-16]Status: DisposedITAT Patna06 Aug 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 115BSection 144BSection 147Section 148Section 250Section 271(1)(b)Section 271(1)(c)Section 271FSection 282Section 69

12. For that the Ld. CIT(A) has erred in upholding the order of the Ld. A.O taxing income of Rs. 1,57,98,000/- u/s 115BBE as the provisions of section 69 are not applicable to the case of appellant. 13. For that the Ld. CIT(A) has erred in upholding the order of the Ld. A.O wherein

ANJANI KUMAR,PATNA vs. ITO, WARD-6(5), PATNA, PATNA

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

ITA 201/PAT/2025[2011-12]Status: DisposedITAT Patna12 Nov 2025AY 2011-12

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 147Section 148Section 250Section 271(1)(c)

12-November-2025 ORDER PER RAKESH MISHRA, ACCOUNTANT MEMBER: This appeal filed by the assessee is against the order of the Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as Ld. 'CIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for AY 2011-12 dated 14.07.2023. 1.1. The Registry

AMIT KUMAR VERMA,PATNA vs. ITO, WARD- 6(1), PATNA

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

ITA 357/PAT/2023[2015-16]Status: DisposedITAT Patna04 Dec 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 144Section 147Section 148Section 234ASection 250Section 271(1)(c)

penalty proceedings u/s 271(1)(c) of the Income tax Act, 1961 for concealment of income. 8. For that the order of the CIT (Appeal) and assessment order passed by the Id. Assessing officer is wrong, arbitrary and unjustified in the facts and circumstances of the case and is bad in law as well as fact

BIHAR MEDICAL SERVICES AND INFRASTRUCTURE CORPORATION LIMITED,PATNA vs. DCIT, CIRCLE-1, PATNA

In the result, both the appeals preferred by the assessee are allowed for statistical purposes

ITA 363/PAT/2023[2013-14]Status: DisposedITAT Patna06 Jan 2025AY 2013-14

Bench: the Assessing Officer to the notices issued by him. It is seen that even before the Ld. CIT(A), the assessee did not make any worthwhile presentation except that written submissions were filed in which it was mentioned that compliance could not be made before the Ld. Assessing Officer because a number of staff were suffering from COVID and hence were not alert enough to make proper representation before the Revenue Authorities. However, going by the fact that even before the Ld. CIT(A) ther

Section 147Section 151Section 250Section 271

12,26,59,188/- made on account of unexplained increase in current liability. Admittedly, this addition has been made in the said assessment due to lack of compliance from the assessee. 1.2 For (ITA No. 363/Pat/2023) the matter pertains to a penalty under Section 271((1)(b) of the Act levied on account of no response being filed before

BIHAR MEDICAL SERVICES AND INFRASTRUCTURE CORPORATION LIMITED,PATNA vs. DCIT, CIRCLE-1, PATNA

In the result, both the appeals preferred by the assessee are allowed for statistical purposes

ITA 362/PAT/2023[2013-14]Status: DisposedITAT Patna06 Jan 2025AY 2013-14

Bench: the Assessing Officer to the notices issued by him. It is seen that even before the Ld. CIT(A), the assessee did not make any worthwhile presentation except that written submissions were filed in which it was mentioned that compliance could not be made before the Ld. Assessing Officer because a number of staff were suffering from COVID and hence were not alert enough to make proper representation before the Revenue Authorities. However, going by the fact that even before the Ld. CIT(A) ther

Section 147Section 151Section 250Section 271

12,26,59,188/- made on account of unexplained increase in current liability. Admittedly, this addition has been made in the said assessment due to lack of compliance from the assessee. 1.2 For (ITA No. 363/Pat/2023) the matter pertains to a penalty under Section 271((1)(b) of the Act levied on account of no response being filed before

MANOJ KUMAR DAS,BEGUSARAI vs. ASSESSMENT UNIT INCOME TAX DEPARTMENT, DELHI

Appeal is allowed for statistical purposes

ITA 391/PAT/2025[2015-16]Status: DisposedITAT Patna30 Oct 2025AY 2015-16

Bench: 19/07/2025. The Appeal Is Delayed By Around 37 Days. 4. That The Assessee States That The Reason For Delay Is That The Assessee Is Suffering From Hiv Aids & Is Constantly Under Treatment. Copy Of Medical Treatment Is Enclosed.

Section 115BSection 142(1)Section 144Section 147Section 148Section 250Section 68

12. For that the Id. assessing officer has erred in not disclosing the details of the bank account/s in the impugned assessment order, on the basis of which the additions have been made. 13. For that the Id. assessing officer has erred in not considering the fact that the said cash deposits were in respect of the business transactions

MERIDIAN CONSTRUCTION INDIA LIMITED,PATNA, BIHAR vs. ACIT CIRCLE-2 PATNA, PATNA

The appeals of the assessee are allowed for statistical purposes

ITA 259/PAT/2023[2014-15]Status: DisposedITAT Patna13 Aug 2024AY 2014-15

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

Section 133ASection 142(1)Section 143(2)Section 144Section 148Section 271(1)(b)Section 69CSection 70

penalty for not responding to his notice under section 271(1)(b) of the Income Tax Act. 5. The ld. Assessing Officer has ultimately taken up the assessment proceeding ex parte according to his best judgment provided under section 144 of the Income Tax Act. The ld. Assessing Officer has confronted the assessee Assessment Years

MERIDIAN CONSTRUCTION INDIA LIMITED,PATNA BIHAR vs. ACIT CIRCLE-2 PATNA, PATNA

The appeals of the assessee are allowed for statistical purposes

ITA 260/PAT/2023[2015-16]Status: DisposedITAT Patna13 Aug 2024AY 2015-16

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

Section 133ASection 142(1)Section 143(2)Section 144Section 148Section 271(1)(b)Section 69CSection 70

penalty for not responding to his notice under section 271(1)(b) of the Income Tax Act. 5. The ld. Assessing Officer has ultimately taken up the assessment proceeding ex parte according to his best judgment provided under section 144 of the Income Tax Act. The ld. Assessing Officer has confronted the assessee Assessment Years

MERIDIAN CONSTRUCTION INDIA LIMITED,PATNA vs. ACIT CIRCLE-2, PATNA

The appeals of the assessee are allowed for statistical purposes

ITA 261/PAT/2023[2016-17]Status: DisposedITAT Patna13 Aug 2024AY 2016-17

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

Section 133ASection 142(1)Section 143(2)Section 144Section 148Section 271(1)(b)Section 69CSection 70

penalty for not responding to his notice under section 271(1)(b) of the Income Tax Act. 5. The ld. Assessing Officer has ultimately taken up the assessment proceeding ex parte according to his best judgment provided under section 144 of the Income Tax Act. The ld. Assessing Officer has confronted the assessee Assessment Years

MERIDIAN CONSTRUCTION INDIA LIMITED,PATNA BIHAR vs. ACIT CIRCLE-2 PATNA, PATNA

The appeals of the assessee are allowed for statistical purposes

ITA 262/PAT/2023[2017-18]Status: DisposedITAT Patna13 Aug 2024AY 2017-18

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

Section 133ASection 142(1)Section 143(2)Section 144Section 148Section 271(1)(b)Section 69CSection 70

penalty for not responding to his notice under section 271(1)(b) of the Income Tax Act. 5. The ld. Assessing Officer has ultimately taken up the assessment proceeding ex parte according to his best judgment provided under section 144 of the Income Tax Act. The ld. Assessing Officer has confronted the assessee Assessment Years

I.T.O. vs. M/S KUMAR CONSTRUCLTION,

In the result, the appeal of the Revenue is partly allowed

ITA 10/PAT/2015[2009-10]Status: DisposedITAT Patna17 Oct 2023AY 2009-10

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

Section 142(1)Section 143(2)Section 271(1)(b)Section 40A(3)

penalty under section 271(1)(b) for non-compliance of the notices at the end of the assessee. Ultimately the ld. Assessing Officer gone through the books of account submitted before her and made these two additions by recording the following finding:- “Addition u/s 40A(3) for payments exceeding Rs.20,000/- through bearer cheques:- On perusal of Books

SHARDINDU PRASAD SINGH,PATNA vs. ITO, WARD-6(4), PATNA

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

ITA 630/PAT/2024[2016-17]Status: DisposedITAT Patna15 Oct 2025AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 144Section 147Section 250Section 271(1)(c)

penalty proceeding U/s. 271(1)(c) of the Income Tax Act, 1961 and its confirmation by the learned Commissioner of Income Tax (Appeals) by dismissing the appellant appeal in his order U/s. 250 of the Income Tax Act, 1961. This order is the subject matter of this 2nd appeal. B. APPELLANT SUBMISSION ON GROUNDS OF APPEAL Though numbers of grounds

ZAIMUR RAHMAN,EAST CHAMPARAN vs. INCOME TAX DEPARTMENT, NFAC, DELHI

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

ITA 321/PAT/2025[2015-16]Status: DisposedITAT Patna07 Oct 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 115BSection 144BSection 147Section 148Section 149Section 250Section 68Section 69A

u/s 147 r.w.s. 144B of the Act, dated 30.01.2024. 2. The assessee is in appeal before the Tribunal raising the following grounds of appeal: “1. For that the grounds of appeal hereto are without prejudice to each other. I.T.A. No.: 321/PAT/2025 Assessment Year: 2015-16 Zaimur Rahman. 2. For that the appellate order dated 30/05/2025 bearing DIN & Order No: ITBA/NFAC/S/250/2025-26/1076580474

VEENA MISHRA THROUGH NITISH MISHRA,PATNA vs. ACIT, CENT.CIR-1, PATNA, PATNA

In the result, the appeal filed by the assessee is allowed

ITA 152/PAT/2025[2003-04]Status: DisposedITAT Patna08 Sept 2025AY 2003-04

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 143(3)Section 234ASection 250Section 271(1)(c)

u/s 143(3) r.w.s. 147 of the Act, dated 31.01.2006. 2. The assessee is in appeal before the Tribunal raising the following grounds of appeal: “1. For that the grounds of appeal hereto are without prejudice to each other. 2. For that the order of ld. Assessing officer is bad both in law and facts. I.T.A. No.: 152/PAT/2025 Assessment Year