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31 results for “penalty u/s 271”+ Capital Gainsclear

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Mumbai1,199Delhi1,060Ahmedabad382Jaipur330Kolkata227Chennai219Bangalore198Hyderabad173Pune153Indore129Surat124Karnataka104Chandigarh85Visakhapatnam70Raipur61Lucknow39Nagpur36Calcutta35Rajkot31Amritsar31Cuttack30Ranchi28Agra23Cochin15Patna14Dehradun12Jodhpur11Guwahati6Panaji6Jabalpur5Telangana5Allahabad4Varanasi4SC3Gauhati1Rajasthan1

Key Topics

Section 271(1)(c)54Penalty22Section 14717Addition to Income15Section 143(3)14Section 14813Section 50C11Section 13210Section 271

THE DCIT, (INTL. TAXN.), RAJKOT vs. M/S. KOREA SOUTH EAST POWER CO. LTD., MUMBAI

In the result, the appeal of the Revenue is dismissed

ITA 132/RJT/2019[2011-12]Status: DisposedITAT Rajkot15 Dec 2023AY 2011-12

Bench: Smt. Annapurna Gupta & Shri T.R. Senthil Kumar(Conducted Through Virtual Court) Assessment Year: 2011-12 The Dcit (Intl. Taxn.) M/S.Korea South East Power Amruta Estate Co.Ltd. Room No.312 Mg Road बनाम/ C/O. P.V. Page & Co., Girnar Cinema 201, Sardar Griha, 198 L.T. Marg Vs. Rajkot Mumbai – 400 002 (Appellant) (Respondent) Pan: Pan : Ahvps 3555Q Assessee By None Revenue By Shri Ashish Kumar Pandey, Sr.Dr Date Of Hearing 25/09/2023 Date Of Pronouncement 15/12/2023

Section 115ASection 271(1)(c)Section 44B

capital gains" instead of "business income”. The A.O. levied penalty u/s. 271(1)(c) for the reason that the assessee

SMT. BIJAL DARSHITBHAI PUJARA,,RAJKOT vs. THE DY. COMMR. OF INCOME TAX, CIRCLE-1 (1),, RAJKOT

In the result, the appeal of the assessee is allowed

Showing 1–20 of 31 · Page 1 of 2

9
Long Term Capital Gains7
Section 686
Limitation/Time-bar4
ITA 292/RJT/2018[2014-15]Status: HeardITAT Rajkot16 May 2023AY 2014-15

Bench: Shri Waseem Ahmed (Accountant Member), Shri Siddhartha Nautiyal (Judicial Member)

For Appellant: Shri Samir Bhuptani, A.RFor Respondent: Shri B.D. Gupta, Sr. D.R
Section 139Section 139(4)Section 142(1)Section 143(2)Section 271Section 271(1)(c)

gain of Rs, 51,83,487/- and penalty u/s 271(l)(c) was initiaed. The impugned penalty has been levied with respect to this addition. During penalty proceedings as well as during appellate proceedings the assessee has contended that she was under the impression that the said land was agricultural land and therefore a non capital

SHRI AJAYBHAI ISHWARLAL GOGIA,,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-1 (2) (5), RAJKOT

In the result, the assessee’s appeal is allowed

ITA 176/RJT/2018[2011-12]Status: DisposedITAT Rajkot18 Apr 2022AY 2011-12
For Appellant: Shri R. D. Lalchandani, A.RFor Respondent: Shri Rajesh Kumar, CIT-D.R
Section 2(47)Section 271Section 271(1)(c)Section 276C

u/s. 271(1)(c) of the Act, the assessee submitted that penalty cannot be levied in case two opinions are possible in respect of a certain transaction. In the instant case, there are divergent views whether capital gains

SHRI KANJIBHAI B. RANGANI,,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-5(1), RAJKOT-GUJARAT

In the result, the appeal of the assessee is allowed

ITA 7/RJT/2020[2007-08]Status: DisposedITAT Rajkot23 Aug 2023AY 2007-08

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

For Appellant: Written SubmissionFor Respondent: Shri Abhimanyu Singh, Sr. DR
Section 147Section 148Section 271(1)(c)

U/s. 271(1)(c) of Rs. 5,51,702/- without considering that there is no adequate time and opportunity although the assessee specifically requested for the same. The penalty needs deletion. 4. The Ld. CIT(A) has erred in not bringing any cogent material justifying levy of penalty. The penalty needs deletion. 5. The Ld. CIT(A) has erred

ANANDKUMAR MANSUKHLAL PATEL,RAJKOT vs. INCOME TAX OFFICER, WARD-3 (1) (2),, RAJKOT

In the result appeal of the assessee is hereby allowed

ITA 190/RJT/2022[2007-08]Status: DisposedITAT Rajkot23 Nov 2022AY 2007-08

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No. 190/Rjt/2022 िनधा"रण वष"/Asstt. Years: 2007-2008 Shri Anandkumar Mansukhlal Income Tax Officer, Changela, Vs. Ward-3(1)(2), Rajkot. C/O. M/S. Anand Agencies, Dhebar Road, Opp. Mehta Petrol Pump, Rajkot-360001. Pan: Acgpp8605G

For Appellant: Shri R.D. Lalchandani, A.RFor Respondent: Shri B.D. Gupta, Sr. D.R
Section 143(3)Section 147Section 271Section 271(1)(c)Section 50CSection 50C(2)

Capital Gain of Rs.3,17,517/- adopting the value determined by DVO at Rs.5,51,000/- as against Rs.1,19,286/- calculated by the appellant. Consequently, the AO initiated penalty proceedings u/s 271

SHRI RAMESHBHAI B. RANGANI,,RAJKOT-GUJARAT vs. THE CIT (A)-3, RAJKOT, RAJKOT-GUJARAT

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

ITA 173/RJT/2018[2007-08]Status: DisposedITAT Rajkot31 May 2022AY 2007-08

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

For Appellant: NoneFor Respondent: 30/05/2022
Section 147Section 148Section 271(1)(c)Section 274

Capital Gain on sale of land was added to the total income of the assessee and the assessment was finalized on 24-12-2010 at assessed income of Rs. 37,55/020/-. Penalty proceedings u/s 274 r.w.s. 271

JAGANI VINODRAI GOPALDAS (HUF),RAJKOT vs. THE ITO, WARD-1 (2) (4),, RAJKOT

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

ITA 59/RJT/2023[2014-15]Status: HeardITAT Rajkot12 Jul 2023AY 2014-15

Bench: Shri Waseem Ahmed & Shri T.R Senthil Kumarआयकर अपील सं./Ita No. 59/Rjt/2023 िनधा"रण वष"/Asstt. Year: 2014-15 Jagani Vinodrai Gopaldas Huf, Income-Tax Officer, 62 – Suraj Appartment, Vs. Ward-1(2)(4), No.1 Shroff Road, Rajkot. Opp. Church, Nfac, Delhi Rajkot-360001. Pan: Aaahj9710N

For Appellant: Shri R.D Lalchandani, A.RFor Respondent: Shri K.L Solanki, Sr. D.R
Section 10(38)Section 271(1)(c)

capital gain of Rs. 1,90,574/- as business income of the assessee by adding to the total income of the assessee. Accordingly, the AO also initiated penalty proceedings u/s 271

URVASHI GIRISHBHAI LAL,RAJKOT vs. ITO WD 1(2)(1), RAJKOT, RAJKOT

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

ITA 466/RJT/2025[2013-14]Status: DisposedITAT Rajkot01 Dec 2025AY 2013-14

Bench: Dr. Arjun Lal Saini

For Appellant: Shri Kalpesh Doshi, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 142(1)Section 143(2)Section 144BSection 147Section 148Section 234ASection 250Section 271(1)(c)Section 68

penalty proceedings u/s 271(1)(c) of the I.T. Act, 1961. 5. That, the findings of the Ld. CIT(A) are not justified and are bad-in-law. 6. The assessee carves to add, amend, alter and delete any of the above ground of appeals.” 3. Brief facts, as discernible from the orders of lower authorities are that during

MAHENDRAKUMAR BHANJIBHAI CHHANIYARA,RAJKOT vs. THE ITO WARD 1 (2) (1) RAJKOT, RAJKOT

ITA 280/RJT/2025[2016-17]Status: DisposedITAT Rajkot19 Aug 2025AY 2016-17
Section 139Section 147Section 148Section 148ASection 210Section 250Section 271(1)(b)Section 271F

u/s\n144 of the IT Act, is against the principal of natural justice and therefore the\nheavy addition made of Rs. 66,78,350/- as short term capital gain is required\nto be deleted.\n06. That the appellant has purchased the land under question on 06/08/2010\nand sold on 19/06/2015 which is Long term capital gain, however without\nmaking proper

SHRI BHARATKUMAR IASHWARBHAI BHATIYA,RAJKOT vs. THE ACIT, CENTRAL CIRL-1,, RAJKOT

In the result, appeals filed by the Revenue, in ITA No

ITA 44/RJT/2023[2006-07]Status: DisposedITAT Rajkot19 Jun 2025AY 2006-07

Bench: Dr. Arjun Lal Saini & Dinesh Mohan Sinhaआयकर अपील सं./Ita No. 134 & 135/Rjt/2023 (िनधा"रणवष" / Assessment Years: (2007-08 & 2008-09) Income Tax Officer, Ward- Shri Kherajmal Lekhrajbjai 5Th 1(2)(1), Aaykar Bhavan, Thavrani, 4- Parsana Nagar, Shri Vs. Floor, Room No. 517, Race Vaheguru Grupa, Near Refugee Course Ring Road, Rajkot-360 Colony, Rajkot-360 001 001 "थायी लेखा सं./जी आइ आर सं./Pan/Gir No.: Adrpt 5807 E (Appellant) (Respondent)

u/s 263 of the Act, and directed the assessing officer to verify the source of cash deposited in the bank accounts, which have been left out, during the course of original assessment proceedings. Accordingly, assessing officer made addition of peak credit in individual bank accounts. However, on further appeal by assessee, before

SHRI DAMJIBHAI LEKHRAJBHAI THAVRANI,,JUNAGADH vs. THE INCOME TAX OFFICER-WARD 1(2)(4),, RAJKOT

ITA 16/RJT/2019[2010-11]Status: DisposedITAT Rajkot19 Jun 2025AY 2010-11

u/s 263 of the Act, and directed the assessing officer to verify the source of cash deposited in the bank accounts, which have been left out, during the course of original assessment proceedings. Accordingly, assessing officer made addition of peak credit in individual bank accounts. However, on further appeal by assessee, before

THE ITO WARD-1 (2) (1),, RAJKOT vs. SHRI KHRAJMAL LEKHRAJBHAI THAVRANI, RAJKOT

ITA 134/RJT/2023[2007-08]Status: DisposedITAT Rajkot19 Jun 2025AY 2007-08

271 (1)(c) of the IT Act is initiated\nfor concealing the particulars of income.\"\n3.12.2. Same finding has been given by the A.O. for the other assessment years in all\nthe case of above mentioned appellant. During the appellate proceedings, the\nappellant filed detailed submission against the additions made. The appellant\ncontended that they are engaged in the business

SHRI SUBIR YUDHISTHIR DAS,BELAPUR, THANE (MAHARASTRA) vs. THE CIT(A)-13, AHMEDABAD, AHMEDABAD

In the result, the appeal of the assessee is allowed

ITA 19/RJT/2022[2012-13]Status: DisposedITAT Rajkot09 Jun 2023AY 2012-13

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

For Appellant: Shri Kushiram Jadhvani, A.RFor Respondent: Shri B. D. Gupta, Sr. DR
Section 246ASection 271

penalty proceedings u/s. 271 (1) © of the Act without appreciating the fact that the appellant denies his liability to the same. 7. During the course of Assessment the appellant has submitted all the documents related to his status of NRI and sources of Income, the Investment was made in shares out of Appellant Salary Income which was earned

THE ITO WARD-1 (2) (1),, RAJKOT vs. SHRI KHRAJMAL LEKHRAJBHAI THAVRANI, RAJKOT

ITA 135/RJT/2023[2008-09]Status: DisposedITAT Rajkot19 Jun 2025AY 2008-09

u/s 263 of the Act, and directed the\nassessing officer to verify the source of cash deposited in the bank accounts, which have\nbeen left out, during the course of original assessment proceedings. Accordingly,\nassessing officer made addition of peak credit in individual bank accounts. However, on\nfurther appeal by assessee, before

THE INCOME TAX OFFICER-WARD-2,, JUNAGADH vs. SHRI DAMJIBHAI LEKHRAJBHAI THAVRANI,, JUNAGADH

ITA 33/RJT/2019[2011-12]Status: DisposedITAT Rajkot19 Jun 2025AY 2011-12

u/s 263 of the Act, and directed the\nassessing officer to verify the source of cash deposited in the bank accounts, which have\nbeen left out, during the course of original assessment proceedings. Accordingly,\nassessing officer made addition of peak credit in individual bank accounts. However, on\nfurther appeal by assessee, before

SHRI BHARATKUMAR ISHWARBHAI BHATIYA,RAJKOT-GUJARAT vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1,, RAJKOT-GUJARAT

ITA 171/RJT/2015[2006-07]Status: DisposedITAT Rajkot19 Jun 2025AY 2006-07

u/s 263 of the Act, and directed the\nassessing officer to verify the source of cash deposited in the bank accounts, which have\nbeen left out, during the course of original assessment proceedings. Accordingly,\nassessing officer made addition of peak credit in individual bank accounts. However, on\nfurther appeal by assessee, before

SHRI BHARATKUMAR IASHWARBHAI BHATIYA,RAJKOT vs. THE ITO, WARD-1 (1) (2),, RAJKOT

ITA 45/RJT/2023[2012-13]Status: DisposedITAT Rajkot19 Jun 2025AY 2012-13
Section 132Section 143(2)Section 153ASection 271(1)(c)

u/s 143(3) r.w.s. 147 of the Act is bad in law.\n2. The learned CIT(A) has erred in law as well as on facts in not annulling the\nreassessment on the ground that the reopening was mechanical and without\nindependent application of mind.\n3. The learned CIT(A) has erred in law as well as on facts

THE INCOME TAX OFFICER-WARD-2,, JUNAGADH vs. SHRI DAMJIBHAI LEKHRAJBHAI THAVRANI,, JUNAGADH

ITA 31/RJT/2019[2009-10]Status: DisposedITAT Rajkot19 Jun 2025AY 2009-10

u/s 263 of the Act, and directed the\nassessing officer to verify the source of cash deposited in the bank accounts, which have\nbeen left out, during the course of original assessment proceedings. Accordingly,\nassessing officer made addition of peak credit in individual bank accounts. However, on\nfurther appeal by assessee, before

BHARATKUMAR ISHWARBHAI BHATIYA,,RAJKOT vs. ASSTT. COMMR. OF INCOME TAX, CEN. CIR.-1,, RAJKOT

ITA 4/RJT/2018[2013-14]Status: DisposedITAT Rajkot19 Jun 2025AY 2013-14

u/s 263 of the Act, and directed the\nassessing officer to verify the source of cash deposited in the bank accounts, which have\nbeen left out, during the course of original assessment proceedings. Accordingly,\nassessing officer made addition of peak credit in individual bank accounts. However, on\nfurther appeal by assessee, before

SHRI BHARATKUMAR IASHWARBHAI BHATIYA,RAJKOT vs. THE ITO, WARD-1 (1) (2),, RAJKOT

ITA 46/RJT/2023[2013-14]Status: DisposedITAT Rajkot19 Jun 2025AY 2013-14

u/s 263 of the Act, and directed the\nassessing officer to verify the source of cash deposited in the bank accounts, which have\nbeen left out, during the course of original assessment proceedings. Accordingly,\nassessing officer made addition of peak credit in individual bank accounts. However, on\nfurther appeal by assessee, before