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3 results for “penalty u/s 271”+ Section 227clear

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Key Topics

Section 2719Section 271(1)(c)8Section 271A4Section 2743Penalty3Section 2542Section 682Addition to Income2

SHRI HARESHBHAI J. FALDU,JUNAGADH vs. THE ACIT, CIRCLE JUNAGADH, JUNAGADH

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

ITA 219/RJT/2022[2013-14]Status: DisposedITAT Rajkot31 Mar 2023AY 2013-14

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No. 219/Rjt/2022 िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष"/Asstt. Years: 2013-2014 वष"

For Appellant: Ms Devina Patel, ARFor Respondent: Shri Shramdeep Sinha, C.I.T DR
Section 254Section 271Section 271ASection 274

section 271(1)(c) as held the Hon’ble supreme court in the case of Dharmendra Textile Processers reported in 306 ITR 227 are civil proceeding therefore establishment of willful attempt/mens-rea is not necessary to levy penalty. Further, the income was found during the search, had the search not been carried out, the income could have been concealed. Thus

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

penalty u/s 271(1)(c) of the Act. 7.1 Now, on the first issue, in various cases it has been held that if asset mortgaged has been transferred, it would amount to capital gains in hands of the owner of asset, even if no consideration has been received on such transfer. In the case of CIT vs. Attili

M/S AJAY SALT & CHEMICALS,,UNA vs. I.T.O., WARD-1(3),, VERAVAL

In the result, the appeal of the assessee is dismissed

ITA 296/RJT/2017[2006-07]Status: DisposedITAT Rajkot23 Jan 2020AY 2006-07

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No.296/Rjt/2017 "नधा"रण वष"/Asstt. Year: 2006-2007

For Appellant: Written Submission
Section 143(1)Section 271Section 271(1)(c)Section 274Section 68

section 274 r.w.s. 271(1)(c) of the Act. But the assessee again failed to submit or furnished any reply before the AO. Therefore the AO in absence of any reply or submission held that the assessee has furnished inaccurate particular of income and imposed penalty of Rs. 1,61,568/- being 100% of tax sought to be evaded