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80 results for “disallowance”+ Section 270A(9)clear

Sorted by relevance

Mumbai304Delhi268Ahmedabad91Pune80Bangalore72Hyderabad64Chennai55Jaipur51Chandigarh30Indore24Kolkata21Visakhapatnam18Lucknow18Nagpur17Surat17Guwahati17Rajkot16Raipur13Cochin12Agra9Cuttack9Dehradun5Patna3Jodhpur3Amritsar2Jabalpur2Ranchi1Varanasi1Panaji1

Key Topics

Section 270A136Addition to Income53Section 80P52Section 143(3)49Section 25048Deduction46Penalty45Disallowance39Section 80P(2)(a)33Section 263

CAPGEMINI TECHNOLOGY SERVICES INDIA LIMITED ( SUCCESSOR OF ARICENT TECHNOLOGIES HOLDINGS LIMITED),PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE, PUNE

In the result, the appeal of the assessee is allowed

ITA 1260/PUN/2025[2020-21]Status: DisposedITAT Pune24 Nov 2025AY 2020-21

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Shri Vyomesh PathakFor Respondent: Shri Vidya Ratna Kishore
Section 143(3)Section 154Section 155(18)Section 270ASection 270A(2)Section 270A(6)(a)Section 270A(7)Section 270A(8)Section 270A(9)

disallowance of deduction of Health & education cess u/s 37 of the Act was considered under reported is in consequence of misreporting of income under section 270A(2) rws 270(9

Showing 1–20 of 80 · Page 1 of 4

30
Section 14823
Section 143(1)22

DEPUTY COMMISSIONER OF INCOME TAX, NASHIK vs. CHAKRADHAR CONTRACTORS AND ENGINEERS PRIVATE LIMITED, JALGAON

In the result, both the appeals of the Revenue are

ITA 1939/PUN/2024[2020-21]Status: DisposedITAT Pune26 Dec 2024AY 2020-21

Bench: Shri Rama Kanta Panda & Shri Vinay Bhamore

For Appellant: Shri Sanket M JoshiFor Respondent: Shri Amol Khairnar, CIT-DR
Section 131Section 143Section 143(1)(a)Section 143(2)Section 270ASection 270A(3)(i)Section 270A(6)(a)Section 270A(9)

9) The cases of misreporting of income referred to in sub-section (8) shall be the following, namely:- (a) misrepresentation or suppression of facts; (b) failure to record Investments in the books of account; (c) claim of expenditure not substantiated by any evidence; (d) recording of any false entry in the books of account; 14 ITA.Nos.1939 & 1940/PUN./2024

DEPUTY COMMISSIONER OF INCOME TAX, NASHIK vs. CHAKRAHAR CONTRACTORS AND ENGINEERS PRIVATE LIMITED, JALGAON

In the result, both the appeals of the Revenue are

ITA 1940/PUN/2024[2021-22]Status: DisposedITAT Pune26 Dec 2024AY 2021-22

Bench: Shri Rama Kanta Panda & Shri Vinay Bhamore

For Appellant: Shri Sanket M JoshiFor Respondent: Shri Amol Khairnar, CIT-DR
Section 131Section 143Section 143(1)(a)Section 143(2)Section 270ASection 270A(3)(i)Section 270A(6)(a)Section 270A(9)

9) The cases of misreporting of income referred to in sub-section (8) shall be the following, namely:- (a) misrepresentation or suppression of facts; (b) failure to record Investments in the books of account; (c) claim of expenditure not substantiated by any evidence; (d) recording of any false entry in the books of account; 14 ITA.Nos.1939 & 1940/PUN./2024

SILVER OAK BUILDCON PVT. LTD.,PUNE vs. ACIT-6, PUNE, PUNE

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

ITA 2589/PUN/2024[2017-18]Status: DisposedITAT Pune15 Jan 2025AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2017-18

For Appellant: Miss Aarti ThakkarFor Respondent: Shri Arvind Desai, Addl. CIT-DR
Section 143(1)Section 143(2)Section 270ASection 36(1)(va)Section 43B

disallowed which was accepted by the assessee. Thereafter penalty proceedings were initiated u/s 270A of the IT Act, 1961. Rejecting the various explanations given by the assessee, the Assessing Officer levied penalty @ 200% of the amount of tax payable on under-reporting of income in consequence of mis-reporting as per the provisions of section 270A

BAJAJ HOUSING FINANCE LIMITED,PUNE vs. ITO, WARD-8(1), PUNE, PUNE

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

ITA 1608/PUN/2025[2017-18]Status: DisposedITAT Pune09 Oct 2025AY 2017-18

Bench: Dr.Manish Borad

For Respondent: Appellant by Shri Nikhil Mutha
Section 143(1)Section 250Section 250(6)Section 270ASection 270A(9)

section 270A(9) of the Act under which the penalty proceedings have been initiated and for such non specification of charge against the assessee it has been consistently held that such penalty proceedings are void ab initio and deserves to be quashed. 10. I further observe that during the year under consideration, the assessee has not generated any revenue from

MUSTAFA ALIHUSAIN SUNELWALA,PUNE vs. ITO, WARD-14(1), PUNE, PUNE

In the result, the appeal of the assessee is allowed

ITA 1396/PUN/2025[2022-23]Status: DisposedITAT Pune16 Feb 2026AY 2022-23

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Smt. Deepa KhareFor Respondent: Shri Madhan Thirmanpalli
Section 142(1)Section 144Section 270(9)Section 270ASection 274Section 54F

Section (9) of Sec 270A is not invoked nor the specific charge is being made out in the impugned order. 3. Ld CIT(A) erred in law and on facts in confirming levy of penalty of Rs 1548234/- u/s 270A(9) without appreciating that the claim of exemption u/s 54F was made out of inadvertent mistake and all the facts

ASSTT. COMMISSSIONER OF INCOME TAX, EXEMPTIONS, CIRCLE PUNE, P.M.T BUILDING SWARGATE PUNE vs. KEDARI REDEKAR SHIKSHAN SANSTHA GADHINGLAJ , GADHINGLAJ

In the result, the appeal of the Revenue is dismissed

ITA 559/PUN/2024[2017-2018]Status: DisposedITAT Pune05 Jul 2024AY 2017-2018

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

For Appellant: Shri Nikhil S. PathakFor Respondent: Shri Pawan Bharati
Section 12ASection 270ASection 270A(8)Section 270A(9)Section 270A(9)(a)Section 80G

9)(a), where the AO was merely required to figure out the limb and the AO has categorically brought the same in the penalty order. 06. Ld. CIT(A) has erred in not appreciating the language used in section 270A, where it is for the assessee to make a case of bona fide belief

SHRI POPAT KARBHARI BHALERAO,NASHIK vs. INCOME TAX OFFICER, WARD-2(1), NASHIK, NASHIK

In the result, appeal of the assessee is allowed

ITA 1324/PUN/2023[2018-19]Status: DisposedITAT Pune26 Mar 2024AY 2018-19

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita Nos.1323 & 1324/Pun/2023 िनधा"रण वष" / Assessment Year : 2017-18 & 2018-19 Shri Popat Karbhari Bhalerao, The Income Tax Officer, Yeshdei Niwas, Maratha V Ward-2(1), Nashik. Nagar, Near Rajrajeshwari S Mangal Karyalay, Jailroad, Nashik Road, Nashik-422101. Pan: Aaqpb3523N Appellant / Assessee Respondent / Revenue Assessee By Shri Sanket Joshi – Ar Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 19/03/2024 Date Of Pronouncement 26/03/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Cit(A)[Nfac] For A.Y.2017-18 Dated 02.09.2022 Under Section 250 Of The Income Tax Act, 1961, Emanating From Penalty Order Under Section 270A Of The Act, Dated 30.12.2021. The Assessee Raised The Following Grounds Of Appeal :

Section 147Section 24Section 250Section 270ASection 270A(9)Section 270A(9)(e)Section 274Section 9

disallowance of certain deductions claimed under Chapter-VIA and Section 24 of the Act. Therefore, AO has levied penalty under incorrect section. Therefore, the penalty is not-maintainable. Hence, we direct the AO to delete the penalty of Rs.2,60,874/- levied under section 270A(9

SHRI POPAT KARBHARI BHALERAO,NASHIK vs. INCOME TAX OFFICER, WARD.2(1), PUNE, PUNE

In the result, appeal of the assessee is allowed

ITA 1323/PUN/2023[2017-18]Status: DisposedITAT Pune26 Mar 2024AY 2017-18

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita Nos.1323 & 1324/Pun/2023 िनधा"रण वष" / Assessment Year : 2017-18 & 2018-19 Shri Popat Karbhari Bhalerao, The Income Tax Officer, Yeshdei Niwas, Maratha V Ward-2(1), Nashik. Nagar, Near Rajrajeshwari S Mangal Karyalay, Jailroad, Nashik Road, Nashik-422101. Pan: Aaqpb3523N Appellant / Assessee Respondent / Revenue Assessee By Shri Sanket Joshi – Ar Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 19/03/2024 Date Of Pronouncement 26/03/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Cit(A)[Nfac] For A.Y.2017-18 Dated 02.09.2022 Under Section 250 Of The Income Tax Act, 1961, Emanating From Penalty Order Under Section 270A Of The Act, Dated 30.12.2021. The Assessee Raised The Following Grounds Of Appeal :

Section 147Section 24Section 250Section 270ASection 270A(9)Section 270A(9)(e)Section 274Section 9

disallowance of certain deductions claimed under Chapter-VIA and Section 24 of the Act. Therefore, AO has levied penalty under incorrect section. Therefore, the penalty is not-maintainable. Hence, we direct the AO to delete the penalty of Rs.2,60,874/- levied under section 270A(9

ADIVASI UNNATI SEVA MANDAL,RAJUR DISTRICT AHMEDNAGAR vs. ASSTT. COMMISSIONER OF INCOME TAX EXEMPTION CIRCLE, AURANGABAD, AURANGABAD

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

ITA 948/PUN/2023[2017-18]Status: DisposedITAT Pune23 Sept 2024AY 2017-18

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2017-18

For Appellant: Shri Pramod S ShingteFor Respondent: Shri Ramnath P Murkunde
Section 115BSection 133(6)Section 143(3)Section 270ASection 270A(9)(d)

disallow. d. As per the section 270A (9) of the Income tax Act it's a clear case of under

SAGAR SUBHASH WEDHANE,NASHIK vs. INCOME TAX OFFICER, NASHIK

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

ITA 191/PUN/2024[2018-19]Status: DisposedITAT Pune03 Jul 2024AY 2018-19

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.191/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 Sagar Subhash Wedhane, Vs. Ito, Nashik. 75, Midc, Bosch Limited, Satpur, Nashik- 422007. Pan : Aavpw1338A Appellant Respondent Assessee By : Smt. Abhilasha Sanjay Pawar Revenue By Shri Sourabh Nayak : Date Of Hearing : 12.06.2024 Date Of Pronouncement : 03.07.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 26.01.2024 Passed By Ld Cit(A)/Nfac For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Learned Cit Is Not Justified In Levying Penalty U/S 270A Of Rs.1,61,548/- On The Ground That The Assesses Has Under-Reporting In Consequence Of Mis-Reporting Without Appreciating That The Said Levy Of Penalty Was Not Justified In Law.

For Appellant: Smt. Abhilasha Sanjay Pawar
Section 139(1)Section 142(1)Section 147Section 148Section 270ASection 270A(9)(a)

section 270A of the IT Act in the notice, the assessee was not in a position to reply for the same, because until and unless the assessee knows as to under which limb the penalty is going to be imposed, he is unable to file his specific reply regarding that particular limb which is attracted in his case

KOTHARI AGRITECH PVT. LTD,,SOLAPUR vs. THE DCIT, CIRCLE-1, SOLAPUR

In the result, the both appeals of the assessee in ITA Nos

ITA 2455/PUN/2024[2018-2019]Status: DisposedITAT Pune09 Sept 2025AY 2018-2019

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Shri Nikhil TiwariFor Respondent: Shri Ramnath P Murkunde
Section 143Section 143(1)Section 143(1)(a)Section 143(3)Section 14ASection 154Section 80Section 801ASection 80ISection 80J

9 ITA Nos.2392 & 2455/PUN/2024, AY 2018-19 3.1 Similarly, the Ld. CIT(A) dismissed the appeal of the assessee against section 154 order, by observing as under: “Ground 01: In this ground of appeal the appellant objected the addition made by the Assessing Officer (CPC) is Rs. 5.80,64,205/- towards disallowance of 801A

KOTHARI AGRITECH PRIVATE LIMITED,SOLAPUR vs. DCIT CIRCLE-1, SOLAPUR

In the result, the both appeals of the assessee in ITA Nos

ITA 2392/PUN/2024[2018-19]Status: DisposedITAT Pune09 Sept 2025AY 2018-19

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Shri Nikhil TiwariFor Respondent: Shri Ramnath P Murkunde
Section 143Section 143(1)Section 143(1)(a)Section 143(3)Section 14ASection 154Section 80Section 801ASection 80ISection 80J

9 ITA Nos.2392 & 2455/PUN/2024, AY 2018-19 3.1 Similarly, the Ld. CIT(A) dismissed the appeal of the assessee against section 154 order, by observing as under: “Ground 01: In this ground of appeal the appellant objected the addition made by the Assessing Officer (CPC) is Rs. 5.80,64,205/- towards disallowance of 801A

CAPGEMINI TECHNOLOGY SERVICES INDIA LIMITED (SUCCESSOR TO LIQUIDHUB INDIA PRIVATE LIMITED),PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE, PUNE

In the result, the Appeal filed by the Assessee is allowed

ITA 2753/PUN/2025[2020-21]Status: DisposedITAT Pune19 Jan 2026AY 2020-21

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.2753/Pun/2025 निर्धारण वषा / Assessment Year: 2020-21 Capgemini Technology V Assessment Unit, Services India S Income Tax Limited(Successor To Liquid Department. Hub India Private Limited), Plot No.14, Rajiv Gandhi Infotech Park, Hinjewadi, Phase Iii, Midc Sez, Village Man, Taluka Mulshi, District Pune – 411057. Pan: Aaacl8943J Appellant/ Assessee Respondent /Revenue Assessee By Shri Sudin Sabnis & Shri Siddhesh Khandalkar Revenue By Shri Madhukar Anand-Jcit(Through Virtual) Date Of Hearing 05/01/2026 Date Of Pronouncement 19/01/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2020-21 Dated 02.09.2025 Emanating From The Penalty Order Passed Under Section

Section 115JSection 143(3)Section 155Section 155(18)Section 18Section 250Section 270ASection 270A(6)(a)Section 40

270A(9) - Schneider Electric Southeast Asia (HQ) Pte. Ltd v. DCIT [2022] 145 taxmann.com 665 (Delhi) Cases pertaining to Education Cess not being a tax and hence, the same is not required to be disallowed under section

KUMAR PROPERTIES AND REAL ESTATE PRIVATE LIMITED,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 14, PUNE

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

ITA 2798/PUN/2025[2017-18]Status: DisposedITAT Pune09 Jan 2026AY 2017-18

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2017-18

For Appellant: Shri Rajendra AgiwalFor Respondent: Shri Basavaraj Hiremath, Addl.CIT
Section 142(1)Section 143(2)Section 14ASection 270A

disallowance is computed by allocating common admin expenses between exempt income and taxable income. Initiation of penalty under section 270A of the Act 9

UDAY UTTAMRAO NEVASE,PUNE vs. THE ASSESSING OFFICER / ASSESSMENT UNIT, PUNE

In the result, appeal of the assessee in ITA No

ITA 2606/PUN/2025[2022-23]Status: DisposedITAT Pune10 Feb 2026AY 2022-23

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.2606/Pun/2025 निर्धारण वषा / Assessment Year: 2022-23 Uday Uttamrao Nevase, V The Assessing Officer / Saugandh Niwas, Hind Colony S Assessment Unit, Pune. Lane No.1 A, Bhekrai Nagar, Phursungi, Pune – 412308. Pan: Akqpn1150Q Appellant/ Assessee Respondent /Revenue Assessee By Ca Rohan Gupta Revenue By Shri Harshit Bari – Addl.Cit(Virtual) Date Of Hearing 16/12/2025 Date Of Pronouncement 10/02/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2022-23 Dated 04.09.2025 Emanating From The Penalty Order Passed Under Section 270A, Dated 17.09.2024. The Assessee Has Raised The Following Grounds Of Appeal : “Ground 1 Section 270Aa Immunity Cit A Erred In Law By Confirming The Penalty Of Rs 629382 Under Section 270A Without Considering And

Section 143(3)Section 250Section 270A

disallowed. Further, since as per rent agreement, the assessee paid rent Rs. 30,000/- per month, exemption in respect of HRA received was allowed for Rs.1,28,777/- only and Rs.86,593/- was added in total income of the assessee. Show cause notices for penalty u/s 270A ware issued to the assessee on 20.03.2024 and 29.04.2024. Subsequently, a reminder

ADVIK HI TECH PVT LTD,PUNE vs. DY.COMM..OF INCOMETAX, CIRCLE 8, PUNE

In the result, appeal of the assessee is allowed

ITA 1344/PUN/2024[2017-18]Status: DisposedITAT Pune05 Dec 2024AY 2017-18

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

For Appellant: Shri Sharad A. ShahFor Respondent: Shri Ramnath P. Murkunde
Section 139(1)Section 147Section 148Section 2Section 270ASection 270A(10)Section 270A(7)

270A (a) to (f). 8 ITA.No.1344/PUN./2024 5. The appellant craves its right to add to or alter the Ground of objections at any time before or during the Course of the hearing of the case. 5. Learned Counsel for the Assessee, at the outset, submitted that penalty in the instant case has been levied on account

JETSYNTHESYS PRIVATE LIMITED,PUNE vs. DCIT, CIRCLE-7, PUNE, PUNE

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

ITA 346/PUN/2025[2017-18]Status: DisposedITAT Pune30 Oct 2025AY 2017-18

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.346/Pun/2025 िनधा"रण वष" / Assessment Year : 2017-18 Jetsynthesys Private Vs. Dcit, Circle-7, Pune. Limited, 101-104, 1St Floor, Metro House, Mangaldas Road, Pune- 411001. Pan : Aaicm1358A Appellant Respondent Assessee By : Shri Sarvesh Khandelwal Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 06.08.2025 Date Of Pronouncement : 30.10.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.12.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On Facts & Circumstances Prevailing In The Case & As Per Provisions Of The Act It Be Held That The Penalty Imposed U/S 270A

For Appellant: Shri Sarvesh KhandelwalFor Respondent: Shri Ramnath P. Murkunde
Section 143(3)Section 270ASection 270A(9)Section 271(1)(c)

Section 270A(9) for categorizing under-reporting as misreporting of income. Thus, order passed is without jurisdiction and bad in law. Just and proper relief be granted to the assessee. 3. The appellant prays to be allowed to add, amend, modify, rectify, delete, and raise any grounds of appeal at the time of hearing.” 3. Facts of the case

SPRINGER NATURE TECHNOLOGY AND PUBLISHING SOLUTIONS PRIVATE LIMITED,PUNE vs. THE ASSESSMENT UNIT, INCOME TAX DEPARTMENT AND THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE 5, PUNE, PUNE

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

ITA 1141/PUN/2023[2020-21]Status: DisposedITAT Pune14 May 2025AY 2020-21

Bench: Dr.Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Vishal KalraFor Respondent: Shri Ajay Kumar Keshari
Section 10ASection 115JSection 143(1)Section 143(3)Section 144BSection 234ASection 250Section 36(1)Section 36(1)(va)

9. The learned AO has failed to appreciate the fact that the said amount has been reported as paid on or before the due date of filing return under in Clause 26(1)(B)(a) of the Tax Audit Report filed by the Appellant and hence, do not warrant disallowance. Incorrect computation of Book Profit under section 115JB

SPRINGER NATURE TECHNOLOGY AND PUBLISHING SOLUTIONS PRIVATE LIMITED,PUNE vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE 5, PUNE, PUNE

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

ITA 2800/PUN/2024[2020-21]Status: DisposedITAT Pune14 May 2025AY 2020-21

Bench: Dr.Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Vishal KalraFor Respondent: Shri Ajay Kumar Keshari
Section 10ASection 115JSection 143(1)Section 143(3)Section 144BSection 234ASection 250Section 36(1)Section 36(1)(va)

9. The learned AO has failed to appreciate the fact that the said amount has been reported as paid on or before the due date of filing return under in Clause 26(1)(B)(a) of the Tax Audit Report filed by the Appellant and hence, do not warrant disallowance. Incorrect computation of Book Profit under section 115JB