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27 results for “penalty u/s 271”+ Section 270A(2)clear

Sorted by relevance

Mumbai120Delhi75Jaipur56Chennai50Bangalore49Cochin28Pune27Indore26Ahmedabad21Hyderabad21Rajkot16Cuttack15Patna12Agra11Raipur11Surat8Nagpur8Lucknow7Amritsar7Visakhapatnam4Kolkata4Ranchi3Chandigarh3Guwahati2Dehradun2Allahabad2Jodhpur2

Key Topics

Section 270A57Section 14834Section 271(1)(c)26Penalty24Section 14717Addition to Income17Section 133A16Section 143(2)11Survey u/s 133A

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)

penalty levied u/s 270A of the Act and allow the appeal of the assessee‖. 12 ITA No.1260/PUN/2025, AY 2020-21 7. Since, in the instant case, the assessee has made a bonafide claim which was approved by various High Courts in the case of Sesa Goa Ltd. Vs. JCIT reported in [2020] 117 taxman.com 96 (Bombay) and Chambal Fertilisers & Chemicals

Showing 1–20 of 27 · Page 1 of 2

11
Section 143(3)10
Section 271A10
Disallowance6

RAJENDRA CHANDRAKANT CHINCHNIKAR,PUNE vs. CIT(A)-11, PUNE

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

ITA 1700/PUN/2025[2019-20]Status: DisposedITAT Pune29 Sept 2025AY 2019-20

Bench: Justice (Retd.) C V Bhadang & Shri R. K. Pandaassessment Year : 2019-20 Rajendra Chandrakant Chinchnikar Acit, Central Circle, 2165, B Ward, Koshti Galli, Vs. Kolhapur Mangalwar Peth, Pune – 416012 Pan: Acppc3559D (Appellant) (Respondent) Assessee By : Shri Tanzil Padvekar Department By : Shri Milind Debaje, Jcit Date Of Hearing : 25-08-2025 Date Of Pronouncement : 29-09-2025 O R D E R Per R.K. Panda, Vp:

For Appellant: Shri Tanzil PadvekarFor Respondent: Shri Milind Debaje, JCIT
Section 133ASection 139(5)Section 143(1)(a)Section 143(2)Section 270ASection 270A(2)(a)Section 270A(9)(e)Section 274Section 69A

2)(a) to section 270A, a person shall be considered to have under-reported his income, if the income assessed is greater than the income determined in the return processed under clause (a) of sub-section (1) of section 143. As per the provisions of sub-section (9)(e), the case of misreporting of income referred to in sub-section

TEJAS SHIVAJI ADSUL,KOLHAPUR vs. INCOME TAX OFFICER WARD 1(1), KOLHAPUR, KOLHAPUR

In the result, appeal of the assessee is allowed

ITA 59/PUN/2025[2018-19]Status: DisposedITAT Pune30 Oct 2025AY 2018-19

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

For Appellant: Shri A.R. Naik (Virtual)For Respondent: Shri Akhilesh Srivastva
Section 115JSection 143Section 147Section 148Section 270ASection 270A(6)

section 271(1)(c) but not in the context of 270A, hence not applicable to facts of present case. Hence, I am of considered view that AO has rightly levied penalty u/s 270A of Rs.9,14,842/-. Consequently, Grounds of Appeal relevant to the issue are Dismissed. 5. Dissatisfied the assessee is in appeal before the Tribunal

INCOME TAX OFFICER, WARD 1 NANDED, NANDED vs. SATYAWAN ARJUNRAO SHINDE, OSMANABAD

In the result, the appeal filed by the Revenue is dismissed

ITA 2109/PUN/2024[2018-19]Status: DisposedITAT Pune21 Feb 2025AY 2018-19

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2109/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Ito, Ward-1, Nanded. Vs. Satyawan Arjunrao Shinde, Nagar Accident Hospital, Gore Complex, Samta Nagar, Osmanabad- 413501. Pan : Baeps8869J Appellant Respondent Revenue By : Shri Arvind Desai Assessee By : Shri B. P. Jaju Date Of Hearing : 02.12.2024 Date Of Pronouncement : 21.02.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 06.08.2024 Passed By Ld. Cit(A), Pune-12 [‘Ld. Cit(A)’] For The Assessment Year 2018-19. 2. The Revenue Has Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Failed To Appreciate The Facts That The Assessee Has Suppressed Professional Receipts Not Shown In His Itr, Ld. Cit(A)-12, Pune Vide Letter Dtd.02/01/2023 Directed That Penalty Proceedings U/S 270A Of The Act May Be Initiated By The Ao At The Time Of Giving Effect To The Appeal Order Dtd.28/11/2022. Accordingly Ao Initiated Penalty Proceedings As Per Clause (E) Of Sub-Section 9 Of Section 270A Of The Act.

For Appellant: Shri B. P. JajuFor Respondent: Shri Arvind Desai
Section 133ASection 2Section 270ASection 270A(1)Section 274Section 9

271(1)(c) old penal provision. We order accordingly. The impugned penalty of Rs.15,54,736/- stands deleted in very terms.” 10. From the perusal of the order passed by Ld. CIT(A) we find that Ld. CIT(A) has simply followed the above order passed by Jurisdictional Co-ordinate Bench of this Tribunal. Ld. DR could not bring

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)

u/s 274 r.w.s. 270A of the Act states : "it appears to me under-reporting/misreporting of income". Obviously, the initiation of penalty itself is based on suspicion and surmise. Nowhere it has been pinpointed - either in the penalty notice or in the impugned order of penalty as to under which stipulated specific clauses (a) to (f) to sub- section

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)

u/s 274 r.w.s. 270A of the Act states : "it appears to me under-reporting/misreporting of income". Obviously, the initiation of penalty itself is based on suspicion and surmise. Nowhere it has been pinpointed - either in the penalty notice or in the impugned order of penalty as to under which stipulated specific clauses (a) to (f) to sub- section

SANTOSH ASHOKRAO BARHANPURKAR,NASHIK vs. INCOME TAX OFFICER WARD 2(1), NASHIK

In the result, the appeal filed by the assessee in ITA

ITA 2132/PUN/2024[2017-18]Status: DisposedITAT Pune18 Feb 2025AY 2017-18

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

For Appellant: NoneFor Respondent: Shri Arvind Desai
Section 147Section 148Section 271(1)(c)

271(1)(c) was applicable only upto assessment year 2016-17 and was replaced by a new section i.e. 270A of the IT Act, the Assessing Officer under similar facts imposed penalty u/s 270A of the IT Act for assessment year 2017-18. As the facts of the case have already been discussed in preceding paragraphs, we proceed to decide

KISHOR DIGAMBAR PATIL,NASHIK vs. INCOME TAX OFFICER,WARD-2(1),NASHIK, NASHIK

Appeals are allowed in above terms

ITA 55/PUN/2023[2018-19]Status: DisposedITAT Pune23 Jun 2023AY 2018-19

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 54 & 55/Pun/2023 निर्धारण वषा / Assessment Year : 2017-18 & 2018-19 Kishor Digambar Patil, 03, Saras Apartment, Patil Lane 04, College Rd., Nashik – 422005 Pan: Aarpp2052J . . . . . . . अपऩलधर्थी / Appellant

For Appellant: Shri Shardul Sonawane & Ms Abhilasha PawarFor Respondent: Shri Ramnath Murkunde
Section 133ASection 139(1)Section 139(5)Section 147Section 148Section 250Section 270ASection 271(1)(c)

u/s 270A of the Act imposed a penalty of ₹1,64,392/- i.e. @200% of tax sought to be evaded for under-reporting of income holding it is in the nature of mis-reporting . 5. On an unsuccessful attempt before the first appellate authority, the appellant has set-up a present case for reversal of aforestated penalty on a solitary

KISHOR DIGAMBAR PATIL,NASHIK vs. INCOME TAX OFFICER, WARD-2(1), NASHIK, NASHIK

Appeals are allowed in above terms

ITA 54/PUN/2023[2017-18]Status: DisposedITAT Pune23 Jun 2023AY 2017-18

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No. 54 & 55/Pun/2023 निर्धारण वषा / Assessment Year : 2017-18 & 2018-19 Kishor Digambar Patil, 03, Saras Apartment, Patil Lane 04, College Rd., Nashik – 422005 Pan: Aarpp2052J . . . . . . . अपऩलधर्थी / Appellant

For Appellant: Shri Shardul Sonawane & Ms Abhilasha PawarFor Respondent: Shri Ramnath Murkunde
Section 133ASection 139(1)Section 139(5)Section 147Section 148Section 250Section 270ASection 271(1)(c)

u/s 270A of the Act imposed a penalty of ₹1,64,392/- i.e. @200% of tax sought to be evaded for under-reporting of income holding it is in the nature of mis-reporting . 5. On an unsuccessful attempt before the first appellate authority, the appellant has set-up a present case for reversal of aforestated penalty on a solitary

DY.COMMISSIONER OF INCOME TAX, CENTRAL, CIRCLE-1, AURANGABAD, AURANGABAD vs. TAPADIYA CONSTRUCTIONS LTD, AURANGABAD.

In the result, appeal of the Revenue is partly allowed

ITA 976/PUN/2024[2019-20]Status: DisposedITAT Pune09 Jan 2025AY 2019-20

Bench: MS.ASHTA CHANDRA, JUDICIAL MEMBER AND DR.DIPAK P. RIPOTE (Accountant Member)

Section 132Section 250Section 271(1)(c)Section 271ASection 281A

section (2) puts an embargo on imposing of penalty u/s 270A and u/s 271(1)(c) of the Act on suchundisclosed

CHAITALI HOTELS,KOLHAPUR vs. CIT(A)-11, PUNE, PUNE

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

ITA 1846/PUN/2024[AY-2017-18]Status: DisposedITAT Pune10 Jun 2025

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2017-18 Chaitali Hotels Cit(A)-11, Pune 257, Kadamwadi Road, Vs. Kolhapur – 416005 Pan: Aagfc8348F (Appellant) (Respondent) Assessee By : None Department By : Shri Ramnath P Murkunde Date Of Hearing : 04-06-2025 Date Of Pronouncement : 10-06-2025 O R D E R

For Appellant: NoneFor Respondent: Shri Ramnath P Murkunde
Section 133ASection 143(3)Section 147Section 148Section 270ASection 271ASection 274Section 36(1)(va)Section 68

section 271(1)(c) of the Act. The person who is making the assessment in the hands of a person, is the person authorized to give the satisfaction as to whether the addition made in the hands of the said assessee justifies initiation of penalty proceedings. The exercise of initiation of penalty proceedings is at the stage of assessment

MCM DEVELOPERS,AURANGABAD vs. DCIT. CENTRAL CIRCLE-1, AURANGABAD, AURANGABAD

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

ITA 362/PUN/2025[2018-2019]Status: DisposedITAT Pune17 Sept 2025AY 2018-2019

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

For Appellant: Shri Pramod ShingteFor Respondent: Shri Amol Khairnar
Section 143(3)Section 153ASection 153CSection 154Section 269SSection 270ASection 271DSection 40A(3)

270A of Income Tax Act are hereby initiated for under-reporting of income which is in consequence of misreporting thereof. Further, as the assessee failed to comply the provision of section 269SS of the I.T.Act, 1961 by receiving of cash of Rs. 2,50,14,000/-, hence a reference is being made to Joint Commissioner of Income Tax, Central Range

SMITA VIRENDRA LODHA,AHMEDNAGAR vs. ITO, WARD-1, AHMEDNAGAR

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

ITA 1980/PUN/2024[2018-19]Status: DisposedITAT Pune12 Nov 2024AY 2018-19

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2018-19

For Appellant: Shri Prasad BhandariFor Respondent: Shri Arvind Desai, CIT-DR
Section 143(2)Section 147Section 148Section 270A

section 270A of the Act. The penalty amounts are calculated as under - The amount of under reporting of income 18,74,800 Tax on assessed income 3,18,956 Tax liability of returned income (no original return of - income filed) Tax on 'under-reporting of income in consequence of 3,18,956 misreporting. Penalty on 'under-reporting of income

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)

2. On facts and circumstances prevailing in the case and as per the provisions of the Act, it be held that the assessing officer and CIT(A) erred in not identifying the Specific clause under 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

YOGESH SHIVAJI SHINDE ,NASHIK vs. INCOME TAX OFFICER, NASHIK

In the result, the appeal of the assessee is allowed

ITA 168/PUN/2025[2016-17]Status: DisposedITAT Pune08 May 2025AY 2016-17

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.168/Pun/2025 िनधा"रण वष" / Assessment Year : 2016-17 Yogesh Shivaji Shinde, Vs. Ito, National Faceless H. No.377, Mhb Colony, Assessment Centre, Satpur, Nashik- 422007. Delhi. Pan : Aekps3129Q Appellant Respondent Assessee By : Shri Mahesh Pagare (Virtual) Revenue By : Shri Ganesh B. Budruk Date Of Hearing : 28.04.2025 Date Of Pronouncement : 08.05.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 21.11.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2016-17. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Learned Commissioner Of Income Tax Is Not Justified In Levying Penalty U/S 271(1)(C) Of Rs. 56,350/- On The Ground That The Assessee Had Under Reported & Mis Reported His Income. In Consequence Of Misreporting Without Appreciating That The Said Levy Of Penalty Was Not Justified In Law.

For Appellant: Shri Mahesh Pagare (Virtual)For Respondent: Shri Ganesh B. Budruk
Section 147Section 148Section 250Section 270ASection 271(1)(c)

270A was not justified in view of the explanation offered by the assessee. 4. The learned Commissioner of Income Tax passes the order under section 250 of Income Tax Act, 1961 without giving us any further opportunity to produce any explanation or documentary evidence.” 3. Facts of the case, in brief, are that the assessee is an individual salaried employee

M/S GIRIRAJ ENTERPRISES,PUNE vs. DCIT, CENTRAL CIRCLE 1(1), PUNE, PUNE

In the result, the appeal filed by the assessee is allowed and the appeals filed by the Revenue are dismissed

ITA 427/PUN/2024[2015-16]Status: DisposedITAT Pune17 Oct 2024AY 2015-16

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2015-16

For Appellant: Shri Nikhil S PathakFor Respondent: Shri Amol Khairnar, CIT-DR
Section 10(35)Section 132Section 133ASection 143(1)Section 143(2)Section 153A

271(1)(c) of the Act are initiated. [Rs.2,06,68,835/-]” 6. In appeal, the CIT(A) upheld the action of the Assessing Officer. While doing so, he relied on the decision of the Hon‟ble Calcutta High Court in the case of PCIT vs. Swati Bajaj reported in 446 ITR 56 (Calcutta). So far as the arguments made

SHRI PRAPHULL KALURAM SHIVALE,PUNE vs. CENTRAL CIRCLE 2(3), PUNE

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

ITA 1582/PUN/2024[2014-15]Status: DisposedITAT Pune27 May 2025AY 2014-15

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

For Appellant: S/Shri B.C. Malakar and Yuvraj ChavanFor Respondent: Shri Arvind Desai, Addl CIT DR
Section 133ASection 143(2)Section 143(3)Section 147Section 148Section 271(1)(c)

section 147 of the Act. Accordingly, a notice u/s 148 of the Act was issued to the assessee on 08.03.2021 after recording the reasons and obtaining the approval from the competent authority. The assessee in response to the same vide letter dated 06.04.2021 stated that the return of income filed on 14.02.2018 may be treated as return in response

SHRI PRAPHULL KALURAM SHIVALE,PUNE vs. CENTRAL CIRCLE 2(4), PUNE, PUNE

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

ITA 1038/PUN/2024[2015-16]Status: DisposedITAT Pune27 May 2025AY 2015-16

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

For Appellant: S/Shri B.C. Malakar and Yuvraj ChavanFor Respondent: Shri Arvind Desai, Addl CIT DR
Section 133ASection 143(2)Section 143(3)Section 147Section 148Section 271(1)(c)

section 147 of the Act. Accordingly, a notice u/s 148 of the Act was issued to the assessee on 08.03.2021 after recording the reasons and obtaining the approval from the competent authority. The assessee in response to the same vide letter dated 06.04.2021 stated that the return of income filed on 14.02.2018 may be treated as return in response

SMT ANJALI PRAPHULL SHIVALE,PUNE vs. ACIT CIRCLE2(3), PUNE

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

ITA 1583/PUN/2024[2018-19]Status: DisposedITAT Pune27 May 2025AY 2018-19

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

For Appellant: S/Shri B.C. Malakar and Yuvraj ChavanFor Respondent: Shri Arvind Desai, Addl CIT DR
Section 133ASection 143(2)Section 143(3)Section 147Section 148Section 271(1)(c)

section 147 of the Act. Accordingly, a notice u/s 148 of the Act was issued to the assessee on 08.03.2021 after recording the reasons and obtaining the approval from the competent authority. The assessee in response to the same vide letter dated 06.04.2021 stated that the return of income filed on 14.02.2018 may be treated as return in response

SHRI PRAPHULL KALURAM SHIVALE,PUNE vs. CENTRAL CIRCLE 2(4), PUNE

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

ITA 1577/PUN/2024[2016-17]Status: DisposedITAT Pune27 May 2025AY 2016-17

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

For Appellant: S/Shri B.C. Malakar and Yuvraj ChavanFor Respondent: Shri Arvind Desai, Addl CIT DR
Section 133ASection 143(2)Section 143(3)Section 147Section 148Section 271(1)(c)

section 147 of the Act. Accordingly, a notice u/s 148 of the Act was issued to the assessee on 08.03.2021 after recording the reasons and obtaining the approval from the competent authority. The assessee in response to the same vide letter dated 06.04.2021 stated that the return of income filed on 14.02.2018 may be treated as return in response