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220 results for “penalty u/s 271”+ Reopening of Assessmentclear

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Key Topics

Section 148160Section 147130Section 271(1)(c)86Addition to Income82Penalty58Section 14448Section 142(1)40Section 143(3)37Cash Deposit30

MR. CHITTARANJAN TRIMBAK GAIKWAD,PUNE vs. THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-4, PUNE, PUNE

In the result, the appeal of the assessee is allowed

ITA 759/PUN/2024[2010-11]Status: DisposedITAT Pune10 Jan 2025AY 2010-11

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

For Appellant: Shri B.C. MalakarFor Respondent: Shri Ramnath P. Murkunde
Section 139(1)Section 143(1)Section 143(3)Section 147Section 148Section 271(1)(c)

penalty of Rs.12,24,938/- levied by the Ld. Assessing Officer (“AO”) u/s 271(1)(c) of the Income Tax Act, 1961 (the “Act”) pertaining to Assessment Year (“AY”) 2010-11. 2. The assessee has filed this appeal with a delay of 88 days. The assessee has filed an application for condonation of delay along with a sworn affidavit stating

Showing 1–20 of 220 · Page 1 of 11

...
Section 143(2)29
Section 271(1)(b)26
Reopening of Assessment23

SMT. VAISHALI TUSHAR JAGTAP,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

ITA 736/PUN/2015[2008-09]Status: DisposedITAT Pune09 Feb 2018AY 2008-09

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

For Appellant: Shri Rajiv ThakkarFor Respondent: Dr. Vivek Aggarwal &
Section 147Section 271(1)(c)

u/s 147 r. w.s 143(3) of the act which was in itself without following the law and the provisions of Income-Tax Act, 1961, though not appealed, deserves to be deleted. Just and proper relief be granted to me in this respect. ITA Nos.729 to 732/PUN/2015 ITA Nos.733 to 736/PUN/2015 3. Without prejudice to other grounds raised, on facts

TUSHAR R. JAGTAP,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

ITA 728/PUN/2015[2008-09]Status: DisposedITAT Pune09 Feb 2018AY 2008-09

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

For Appellant: Shri Rajiv ThakkarFor Respondent: Dr. Vivek Aggarwal &
Section 147Section 271(1)(c)

u/s 147 r. w.s 143(3) of the act which was in itself without following the law and the provisions of Income-Tax Act, 1961, though not appealed, deserves to be deleted. Just and proper relief be granted to me in this respect. ITA Nos.729 to 732/PUN/2015 ITA Nos.733 to 736/PUN/2015 3. Without prejudice to other grounds raised, on facts

SMT. SHAKUNTALA R. JAGTAP,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

ITA 729/PUN/2015[2006-07]Status: DisposedITAT Pune09 Feb 2018AY 2006-07

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

For Appellant: Shri Rajiv ThakkarFor Respondent: Dr. Vivek Aggarwal &
Section 147Section 271(1)(c)

u/s 147 r. w.s 143(3) of the act which was in itself without following the law and the provisions of Income-Tax Act, 1961, though not appealed, deserves to be deleted. Just and proper relief be granted to me in this respect. ITA Nos.729 to 732/PUN/2015 ITA Nos.733 to 736/PUN/2015 3. Without prejudice to other grounds raised, on facts

TUSHAR R. JAGTAP,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

ITA 727/PUN/2015[2007-08]Status: DisposedITAT Pune09 Feb 2018AY 2007-08

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

For Appellant: Shri Rajiv ThakkarFor Respondent: Dr. Vivek Aggarwal &
Section 147Section 271(1)(c)

u/s 147 r. w.s 143(3) of the act which was in itself without following the law and the provisions of Income-Tax Act, 1961, though not appealed, deserves to be deleted. Just and proper relief be granted to me in this respect. ITA Nos.729 to 732/PUN/2015 ITA Nos.733 to 736/PUN/2015 3. Without prejudice to other grounds raised, on facts

SMT. VAISHALI TUSHAR JAGTAP,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

ITA 733/PUN/2015[2005-06]Status: DisposedITAT Pune09 Feb 2018AY 2005-06

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

For Appellant: Shri Rajiv ThakkarFor Respondent: Dr. Vivek Aggarwal &
Section 147Section 271(1)(c)

u/s 147 r. w.s 143(3) of the act which was in itself without following the law and the provisions of Income-Tax Act, 1961, though not appealed, deserves to be deleted. Just and proper relief be granted to me in this respect. ITA Nos.729 to 732/PUN/2015 ITA Nos.733 to 736/PUN/2015 3. Without prejudice to other grounds raised, on facts

TUSHAR R. JAGTAP,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

ITA 726/PUN/2015[2006-07]Status: DisposedITAT Pune09 Feb 2018AY 2006-07

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

For Appellant: Shri Rajiv ThakkarFor Respondent: Dr. Vivek Aggarwal &
Section 147Section 271(1)(c)

u/s 147 r. w.s 143(3) of the act which was in itself without following the law and the provisions of Income-Tax Act, 1961, though not appealed, deserves to be deleted. Just and proper relief be granted to me in this respect. ITA Nos.729 to 732/PUN/2015 ITA Nos.733 to 736/PUN/2015 3. Without prejudice to other grounds raised, on facts

SMT. VAISHALI TUSHAR JAGTAP,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

ITA 735/PUN/2015[2007-08]Status: DisposedITAT Pune09 Feb 2018AY 2007-08

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

For Appellant: Shri Rajiv ThakkarFor Respondent: Dr. Vivek Aggarwal &
Section 147Section 271(1)(c)

u/s 147 r. w.s 143(3) of the act which was in itself without following the law and the provisions of Income-Tax Act, 1961, though not appealed, deserves to be deleted. Just and proper relief be granted to me in this respect. ITA Nos.729 to 732/PUN/2015 ITA Nos.733 to 736/PUN/2015 3. Without prejudice to other grounds raised, on facts

TUSHAR R. JAGTAP,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

ITA 725/PUN/2015[2005-06]Status: DisposedITAT Pune09 Feb 2018AY 2005-06

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

For Appellant: Shri Rajiv ThakkarFor Respondent: Dr. Vivek Aggarwal &
Section 147Section 271(1)(c)

u/s 147 r. w.s 143(3) of the act which was in itself without following the law and the provisions of Income-Tax Act, 1961, though not appealed, deserves to be deleted. Just and proper relief be granted to me in this respect. ITA Nos.729 to 732/PUN/2015 ITA Nos.733 to 736/PUN/2015 3. Without prejudice to other grounds raised, on facts

SMT. VAISHALI TUSHAR JAGTAP,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

ITA 734/PUN/2015[2006-07]Status: DisposedITAT Pune09 Feb 2018AY 2006-07

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

For Appellant: Shri Rajiv ThakkarFor Respondent: Dr. Vivek Aggarwal &
Section 147Section 271(1)(c)

u/s 147 r. w.s 143(3) of the act which was in itself without following the law and the provisions of Income-Tax Act, 1961, though not appealed, deserves to be deleted. Just and proper relief be granted to me in this respect. ITA Nos.729 to 732/PUN/2015 ITA Nos.733 to 736/PUN/2015 3. Without prejudice to other grounds raised, on facts

SMT. SHAKUNTALA R. JAGTAP,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

ITA 731/PUN/2015[2008-09]Status: DisposedITAT Pune09 Feb 2018AY 2008-09

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

For Appellant: Shri Rajiv ThakkarFor Respondent: Dr. Vivek Aggarwal &
Section 147Section 271(1)(c)

u/s 147 r. w.s 143(3) of the act which was in itself without following the law and the provisions of Income-Tax Act, 1961, though not appealed, deserves to be deleted. Just and proper relief be granted to me in this respect. ITA Nos.729 to 732/PUN/2015 ITA Nos.733 to 736/PUN/2015 3. Without prejudice to other grounds raised, on facts

SMT. SHAKUNTALA R. JAGTAP,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

ITA 732/PUN/2015[2009-10]Status: DisposedITAT Pune09 Feb 2018AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

For Appellant: Shri Rajiv ThakkarFor Respondent: Dr. Vivek Aggarwal &
Section 147Section 271(1)(c)

u/s 147 r. w.s 143(3) of the act which was in itself without following the law and the provisions of Income-Tax Act, 1961, though not appealed, deserves to be deleted. Just and proper relief be granted to me in this respect. ITA Nos.729 to 732/PUN/2015 ITA Nos.733 to 736/PUN/2015 3. Without prejudice to other grounds raised, on facts

SMT. SHAKUNTALA R. JAGTAP,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

ITA 730/PUN/2015[2007-08]Status: DisposedITAT Pune09 Feb 2018AY 2007-08

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

For Appellant: Shri Rajiv ThakkarFor Respondent: Dr. Vivek Aggarwal &
Section 147Section 271(1)(c)

u/s 147 r. w.s 143(3) of the act which was in itself without following the law and the provisions of Income-Tax Act, 1961, though not appealed, deserves to be deleted. Just and proper relief be granted to me in this respect. ITA Nos.729 to 732/PUN/2015 ITA Nos.733 to 736/PUN/2015 3. Without prejudice to other grounds raised, on facts

INTERVALVE POONAWALLA PVT. LTD.,PUNE vs. DCIT, CENTRAL CIRCLE 1(1), PUNE, PUNE

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

ITA 636/PUN/2025[2013-14]Status: DisposedITAT Pune27 May 2025AY 2013-14

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2013-14 Intervalve Poonawalla Pvt. Ltd. Dcit, Central Circle 1(1), Fin Div. 16/B-1, Sarosh Bhavan, Pune Vs. 2Nd Floor, Dr. Ambedkar Road, Opp. Niv, Pune – 411001 Pan: Aaaci3917P (Appellant) (Respondent) Assessee By : Shri Nikhil S Pathak & Vishnu Bhutada Department By : Shri Ramnath P Murkunde Date Of Hearing : 14-05-2025 Date Of Pronouncement : 27-05-2025 O R D E R

For Appellant: Shri Nikhil S Pathak &For Respondent: Shri Ramnath P Murkunde
Section 143(2)Section 143(3)Section 14ASection 263Section 271(1)(c)

reopening of assessment nor any revisionary proceedings u/s 263 of the Act. Relying on various decisions, he submitted that when the addition has been made on estimate basis, no penalty is leviable. Referring to the decision of the Pune Bench of the Tribunal in the case of M/s. Rajmal Lakhichand vs. DCIT vide ITA No.1206/PUN/2023 for assessment year

MANOJ MADANLAL CHHAJED,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), PUNE

ITA 2017/PUN/2024[2011-12]Status: DisposedITAT Pune19 Feb 2025AY 2011-12
Section 132Section 132(1)Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

Penalty u/s\n271(1)(c) of Income-tax Act, 1961 initiated separately for concealment of\nincome.\"\n5.\nThe assessee filed an appeal before CIT(A) on 11.02.2020. In the meantime,\nthe Ld. PCIT examined the records and noted that the order passed by the\nAssessing Officer is erroneous and prejudicial to the interest of Revenue. He noted\nthat during

SHRI MANOJ MADANLAL CHHAJED,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), PUNE

ITA 1178/PUN/2023[2011-12]Status: DisposedITAT Pune19 Feb 2025AY 2011-12
Section 132Section 132(1)Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

Penalty u/s\n271(1)(c) of Income-tax Act, 1961 initiated separately for concealment of\nincome.\"\n5.\nThe assessee filed an appeal before CIT(A) on 11.02.2020. In the meantime,\nthe Ld. PCIT examined the records and noted that the order passed by the\nAssessing Officer is erroneous and prejudicial to the interest of Revenue. He noted\nthat during

GUNVANT VITTHALDAS SHAH,,SANGLI vs. INCOME-TAX OFFICER,,

In the result, the appeals of assessee are partly allowed

ITA 1009/PUN/2016[2006-07]Status: DisposedITAT Pune23 Feb 2018AY 2006-07

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: N O N EFor Respondent: Dr. Vivek Agrawal
Section 133ASection 142(1)Section 144Section 148Section 271(1)(b)Section 274

penalty u/s. 271(1)(b) of the Act, these appeals are taken up together for adjudication and are decided vide this common order. 2. The brief facts of the case as emanating from records are : The assessee is a proprietor of M/s. Swastik Oil engaged in retail trading of lubricant oil products. The Assessing Officer reopened

GUNVANT VITTHALDAS SHAH,,SANGLI vs. INCOME-TAX OFFICER,,

In the result, the appeals of assessee are partly allowed

ITA 1010/PUN/2016[2007-08]Status: DisposedITAT Pune23 Feb 2018AY 2007-08

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: N O N EFor Respondent: Dr. Vivek Agrawal
Section 133ASection 142(1)Section 144Section 148Section 271(1)(b)Section 274

penalty u/s. 271(1)(b) of the Act, these appeals are taken up together for adjudication and are decided vide this common order. 2. The brief facts of the case as emanating from records are : The assessee is a proprietor of M/s. Swastik Oil engaged in retail trading of lubricant oil products. The Assessing Officer reopened

M/S KAKADE CONSTRUCTION COMPANY,PUNE vs. ACIT, PUNE

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

ITA 100/PUN/2013[2006-07]Status: DisposedITAT Pune28 Feb 2018AY 2006-07

Bench: Sri D.Karunakara Rao, Am & Sri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita Nos.12 To 17/Pun/2013 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Years : 2003-04 To 2008-09 वष"

For Respondent: Sri Achal Sharma, CIT-DR
Section 132Section 132(4)Section 153ASection 271(1)(c)

u/s. 271(1) (c) of the IT Act is ab-initio void, bad in law and is unsustainable.” The above Additional grounds are found overlapping on certain issues. However, they revolve around the legal issues; (1) the issues relating to applicability of the pre-amended Explanation 5A to section 271(1)(c) of the Act. (2) unsustainability of the penalty

SANJAY D. KAKADE,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,, AHMEDNAGAR

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

ITA 15/PUN/2013[2006-07]Status: DisposedITAT Pune28 Feb 2018AY 2006-07

Bench: Sri D.Karunakara Rao, Am & Sri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita Nos.12 To 17/Pun/2013 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Years : 2003-04 To 2008-09 वष"

For Respondent: Sri Achal Sharma, CIT-DR
Section 132Section 132(4)Section 153ASection 271(1)(c)

u/s. 271(1) (c) of the IT Act is ab-initio void, bad in law and is unsustainable.” The above Additional grounds are found overlapping on certain issues. However, they revolve around the legal issues; (1) the issues relating to applicability of the pre-amended Explanation 5A to section 271(1)(c) of the Act. (2) unsustainability of the penalty