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207 results for “penalty u/s 271”+ Set Off of Lossesclear

Sorted by relevance

Mumbai1,609Delhi1,566Ahmedabad434Jaipur313Bangalore294Kolkata240Pune207Chennai182Hyderabad169Raipur131Indore130Chandigarh117Surat99Rajkot69Amritsar67Nagpur57Visakhapatnam45Calcutta37Cuttack33Karnataka29Lucknow27Guwahati27Cochin26Ranchi18Jabalpur16Patna14Agra13Panaji12Varanasi9Dehradun8Allahabad6SC6Telangana4Jodhpur4Rajasthan2

Key Topics

Section 271(1)(c)141Section 143(3)82Addition to Income71Penalty62Disallowance30Section 27428Section 115B27Deduction27Section 269S25

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)

loss. The ratio of this decision of the Bombay Hig Court is applicable to the case of the assessee under consideration as far as for the purpose treating the return filed by the assessee u/s. 153A as a return u/s. 139(1) of the Act. Since th assessed income was identical to that of the income declared in the return

Showing 1–20 of 207 · Page 1 of 11

...
Section 271D25
Section 14825
Section 25023

VEENA INDUSTRIES PVT LTD,PUNE vs. DCIT CENTRAL CIRCLE2(1), PUNE

In the result, the assessee's appeal is allowed

ITA 2871/PUN/2025[2010-11]Status: DisposedITAT Pune10 Apr 2026AY 2010-11

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Respondent: Shri Amit Bobde
Section 132Section 133(6)Section 143(3)Section 271(1)(c)

set-aside the order passed by Ld. CIT(A) and direct the Assessing Officer to recalculate the penalty u/s 271(1)(c) of the IT Act on the basis of quantum addition of Rs.1,43,52,728/- only. Accordingly, the alternate plea of the assessee is allowed. 11. In the result, the appeal of the assessee in ITA No.2874/PUN/2025

VEENA INDUSTRIES PVT LTD,PUNE vs. DCIT CENTRAL CIRCLE2(1), PUNE

In the result, the assessee's appeal is allowed

ITA 2872/PUN/2025[2012-13]Status: DisposedITAT Pune10 Apr 2026AY 2012-13

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Respondent: Shri Amit Bobde
Section 132Section 133(6)Section 143(3)Section 271(1)(c)

set-aside the order passed by Ld. CIT(A) and direct the Assessing Officer to recalculate the penalty u/s 271(1)(c) of the IT Act on the basis of quantum addition of Rs.1,43,52,728/- only. Accordingly, the alternate plea of the assessee is allowed. 11. In the result, the appeal of the assessee in ITA No.2874/PUN/2025

VEENA INDUSTRIES PVT LTD,PUNE vs. DCIT CENTRAL CIRCLE2(1), PUNE

In the result, the assessee's appeal is allowed

ITA 2874/PUN/2025[2009-10]Status: DisposedITAT Pune10 Apr 2026AY 2009-10

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Respondent: Shri Amit Bobde
Section 132Section 133(6)Section 143(3)Section 271(1)(c)

set-aside the order passed by Ld. CIT(A) and direct the Assessing Officer to recalculate the penalty u/s 271(1)(c) of the IT Act on the basis of quantum addition of Rs.1,43,52,728/- only. Accordingly, the alternate plea of the assessee is allowed. 11. In the result, the appeal of the assessee in ITA No.2874/PUN/2025

VEENA INDUSTRIES PVT LTD,PUNE vs. DCIT CENTRAL CIRCLE2(1, PUNE

In the result, the assessee's appeal is allowed

ITA 2873/PUN/2025[2013-14]Status: DisposedITAT Pune10 Apr 2026AY 2013-14

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Respondent: Shri Amit Bobde
Section 132Section 133(6)Section 143(3)Section 271(1)(c)

set-aside the order passed by Ld. CIT(A) and direct the Assessing Officer to recalculate the penalty u/s 271(1)(c) of the IT Act on the basis of quantum addition of Rs.1,43,52,728/- only. Accordingly, the alternate plea of the assessee is allowed. 11. In the result, the appeal of the assessee in ITA No.2874/PUN/2025

SHRI DATTA SHETKARI SAHAKARI SAKHAR KARKHANA LTD,KOLHAPUR vs. DCIT, CIR-1, KOLHAPUR, KOLHAPUR

In the result the appeal filed by the assessee in ITA

ITA 2172/PUN/2025[2010-11]Status: DisposedITAT Pune22 Dec 2025AY 2010-11

Bench: Shri Manish Borad & Shri Vinay Bhamoresl.

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Amit Bobde
Section 143(3)Section 271(1)(c)Section 274Section 40A(2)(a)

loss to the assessee. Accordingly, in view of the Assessing Officer, the discount/concession is being given out of the profits earned by the cooperative society. So the expenses allowable u/s 40A(2)(a) of the IT Act. The case of Revenue in this regard was that this is the appropriation of profits and accordingly the Assessing Officer made addition

SHRI DATTA SHETKARI SAHAKARI SAKHAR KARKHANA LTD,KOLHAPUR vs. DCIT, CIR-1, KOLHAPUR, KOLHAPUR

In the result the appeal filed by the assessee in ITA

ITA 2175/PUN/2025[2013-14]Status: DisposedITAT Pune22 Dec 2025AY 2013-14

Bench: Shri Manish Borad & Shri Vinay Bhamoresl.

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Amit Bobde
Section 143(3)Section 271(1)(c)Section 274Section 40A(2)(a)

loss to the assessee. Accordingly, in view of the Assessing Officer, the discount/concession is being given out of the profits earned by the cooperative society. So the expenses allowable u/s 40A(2)(a) of the IT Act. The case of Revenue in this regard was that this is the appropriation of profits and accordingly the Assessing Officer made addition

SHRI DATTA SHETKARI SAHAKARI SAKHAR KARKHANA LTD,KOLHAPUR vs. DCIT, CIR-1, KOLHAPUR, KOLHAPUR

In the result the appeal filed by the assessee in ITA

ITA 2173/PUN/2025[2012-13]Status: DisposedITAT Pune22 Dec 2025AY 2012-13

Bench: Shri Manish Borad & Shri Vinay Bhamoresl.

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Amit Bobde
Section 143(3)Section 271(1)(c)Section 274Section 40A(2)(a)

loss to the assessee. Accordingly, in view of the Assessing Officer, the discount/concession is being given out of the profits earned by the cooperative society. So the expenses allowable u/s 40A(2)(a) of the IT Act. The case of Revenue in this regard was that this is the appropriation of profits and accordingly the Assessing Officer made addition

SHRI DATTA SHETKARI SAHAKARI SAKHAR KARKHANA LTD,SHIROL vs. DCIT, CIR-1, KOLHAPUR, KOLHAPUR

In the result the appeal filed by the assessee in ITA

ITA 2169/PUN/2025[2007-08]Status: DisposedITAT Pune22 Dec 2025AY 2007-08

Bench: Shri Manish Borad & Shri Vinay Bhamoresl.

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Amit Bobde
Section 143(3)Section 271(1)(c)Section 274Section 40A(2)(a)

loss to the assessee. Accordingly, in view of the Assessing Officer, the discount/concession is being given out of the profits earned by the cooperative society. So the expenses allowable u/s 40A(2)(a) of the IT Act. The case of Revenue in this regard was that this is the appropriation of profits and accordingly the Assessing Officer made addition

SHRI DATTA SHETKARI SAHAKARI SAKHAR KARKHANA LTD,KOLHAPUR vs. DCIT, CIR-1, KOLHAPUR, KOLHAPUR

In the result the appeal filed by the assessee in ITA

ITA 2170/PUN/2025[2008-09]Status: DisposedITAT Pune22 Dec 2025AY 2008-09

Bench: Shri Manish Borad & Shri Vinay Bhamoresl.

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Amit Bobde
Section 143(3)Section 271(1)(c)Section 274Section 40A(2)(a)

loss to the assessee. Accordingly, in view of the Assessing Officer, the discount/concession is being given out of the profits earned by the cooperative society. So the expenses allowable u/s 40A(2)(a) of the IT Act. The case of Revenue in this regard was that this is the appropriation of profits and accordingly the Assessing Officer made addition

SAKAL PAPER LTD. vs. DEPUTY COMMSSIONER OF INCOME-TAX,,

In the result, both the appeals of assessee are allowed

ITA 348/PUN/2015[2008-09]Status: DisposedITAT Pune18 Jul 2018AY 2008-09

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपील सं. / Ita Nos.347 & 348/Pun/2015 "नधा"रण वष" / Assessment Year : 2007-08 & 2008-09 Sakal Papers Ltd., ………. अपीलाथ" / 595, Budhwar Peth, Appellant Pune – 411 002. Pan : Aaccs7605Q. बनाम V/S

For Appellant: Shri Ashok N. KotharyFor Respondent: Shri Ajay Modi, JCIT
Section 143(3)Section 14ASection 271(1)Section 271(1)(c)Section 80I

losses of earlier years of 80IA unit are set off there would be no profit for A.Y. 2007-08 to be claimed u/s 80IA(4). Since assessee has claimed ineligible deduction u/s 80IA(4), penalty proceedings u/s 271

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), PUNE, PUNE vs. GIRIRAJ ENTERPRISES, PUNE

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

ITA 553/PUN/2025[2021-22]Status: DisposedITAT Pune24 Jul 2025AY 2021-22

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22

For Appellant: Shri Nikhil S PathakFor Respondent: Shri Amol Khairnar, CIT-DR
Section 132Section 139Section 139(1)Section 143(3)Section 153ASection 271ASection 80I

set of facts, no penalty was levied for A.Y. 2020-21 by the learned A.O. and therefore, the assessee submits that for this year also there was no reason to levy the penalty since the facts were identical for both the years. 9] The appellant craves leave to add, alter, amend or delete any of the above grounds of appeal

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

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

ITA 427/PUN/2025[2021-22]Status: DisposedITAT Pune24 Jul 2025AY 2021-22

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2021-22

For Appellant: Shri Nikhil S PathakFor Respondent: Shri Amol Khairnar, CIT-DR
Section 132Section 139Section 139(1)Section 143(3)Section 153ASection 271ASection 80I

set of facts, no penalty was levied for A.Y. 2020-21 by the learned A.O. and therefore, the assessee submits that for this year also there was no reason to levy the penalty since the facts were identical for both the years. 9] The appellant craves leave to add, alter, amend or delete any of the above grounds of appeal

SUVARNYUG SAHKARI BANK LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,,

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

ITA 11/PUN/2017[2008-09]Status: DisposedITAT Pune07 Jun 2019AY 2008-09
For Appellant: Shri Vijay D. KhendeFor Respondent: Shri Rajesh Gawali
Section 143(3)Section 250Section 271(1)(c)

loss to the assessee which the assessee genuinely believe that the same is deductible from the taxable income of the assessee. 2. The assessee craves the right to add, alter, modify, annual or all together cancel any of the aforesaid grounds of appeal.” The assessee also raised the following additional ground :- 5. “1. The learned Assessing Officer has erred

SUVARNYUG SAHKARI BANK LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,,

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

ITA 12/PUN/2017[2010-11]Status: DisposedITAT Pune07 Jun 2019AY 2010-11
For Appellant: Shri Vijay D. KhendeFor Respondent: Shri Rajesh Gawali
Section 143(3)Section 250Section 271(1)(c)

loss to the assessee which the assessee genuinely believe that the same is deductible from the taxable income of the assessee. 2. The assessee craves the right to add, alter, modify, annual or all together cancel any of the aforesaid grounds of appeal.” The assessee also raised the following additional ground :- 5. “1. The learned Assessing Officer has erred

ROHINI MARUTI DESHMUKH,PUNE vs. INCOME TAX OFFICER, WARD 6(2), PUNE

In the result, all the appeals (ITA Nos

ITA 1839/PUN/2025[2015-16]Status: DisposedITAT Pune17 Dec 2025AY 2015-16

Bench: Dr. Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Sarang Gudhate, CAFor Respondent: Shri Manoj Tripathi, Addl.CIT
Section 250Section 271(1)(c)Section 44ASection 54B

u/s. 271(1)(c) of the Act. Here, we would like to take a note of the judgment of Hon'ble Supreme Court in the case of Reliance Petroproducts (P.) Ltd. (supra) wherein Hon'ble Court has held that “A mere making of the claim, which is not sustainable in law, by itself, will not amount to furnishing inaccurate particulars

AMOL VASANT DESHMUKH,PUNE vs. INCOME TAX OFFICER, WARD 6(2), PUNE

In the result, all the appeals (ITA Nos

ITA 1837/PUN/2025[2015-16]Status: DisposedITAT Pune17 Dec 2025AY 2015-16

Bench: Dr. Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Sarang Gudhate, CAFor Respondent: Shri Manoj Tripathi, Addl.CIT
Section 250Section 271(1)(c)Section 44ASection 54B

u/s. 271(1)(c) of the Act. Here, we would like to take a note of the judgment of Hon'ble Supreme Court in the case of Reliance Petroproducts (P.) Ltd. (supra) wherein Hon'ble Court has held that “A mere making of the claim, which is not sustainable in law, by itself, will not amount to furnishing inaccurate particulars

TULSABAI VASANT DESHMUKH,PUNE vs. INCOME TAX OFFICER, WARD 6(2), PUNE

In the result, all the appeals (ITA Nos

ITA 1838/PUN/2025[2015-16]Status: DisposedITAT Pune17 Dec 2025AY 2015-16

Bench: Dr. Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Sarang Gudhate, CAFor Respondent: Shri Manoj Tripathi, Addl.CIT
Section 250Section 271(1)(c)Section 44ASection 54B

u/s. 271(1)(c) of the Act. Here, we would like to take a note of the judgment of Hon'ble Supreme Court in the case of Reliance Petroproducts (P.) Ltd. (supra) wherein Hon'ble Court has held that “A mere making of the claim, which is not sustainable in law, by itself, will not amount to furnishing inaccurate particulars

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, AURANGABAD, AURANGABAD vs. SHREEHARI ASSOCIATES PVT LTD, AURANGABAD

The appeals of the REVENUE are ALLOWED

ITA 408/PUN/2024[2014-15]Status: DisposedITAT Pune26 Nov 2024AY 2014-15

Bench: Hon’Ble Shri G. D. Padmahshali & Hon’Ble Shri Vinay Bhamore

For Appellant: Mr CH Naniwadekar & Kiran Sanmane [‘Ld. AR’]For Respondent: Mr Ajaykumar Kesari & Arvind Desai [‘Ld. DR’]
Section 131Section 132Section 143(3)Section 153ASection 250Section 253(2)Section 271(1)(c)Section 36(1)(va)

Loss Account (b) payments to respective sub-contractors were made through banking channel, hence they were genuine in nature. The respondent assessee however expressed its inability to produce full details including copies of sub-contracts and confirmation from the respective sub-contractors which could have effectively testified the veracity & genuineness of sub-contracting & its expenditure. We further found that

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, AURANAGBAD., AURANGABAD. vs. SHREEHARI ASSOCIATES PVT LTD, AURANGABAD.

The appeals of the REVENUE are ALLOWED

ITA 410/PUN/2024[2019-20]Status: DisposedITAT Pune26 Nov 2024AY 2019-20

Bench: Hon’Ble Shri G. D. Padmahshali & Hon’Ble Shri Vinay Bhamore

For Appellant: Mr CH Naniwadekar & Kiran Sanmane [‘Ld. AR’]For Respondent: Mr Ajaykumar Kesari & Arvind Desai [‘Ld. DR’]
Section 131Section 132Section 143(3)Section 153ASection 250Section 253(2)Section 271(1)(c)Section 36(1)(va)

Loss Account (b) payments to respective sub-contractors were made through banking channel, hence they were genuine in nature. The respondent assessee however expressed its inability to produce full details including copies of sub-contracts and confirmation from the respective sub-contractors which could have effectively testified the veracity & genuineness of sub-contracting & its expenditure. We further found that