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9 results for “penalty u/s 271”+ Section 271Bclear

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Jaipur47Bangalore34Mumbai34Delhi30Cochin23Indore21Kolkata15Chennai13Ahmedabad12Raipur12Visakhapatnam11Pune10Rajkot9Nagpur8Hyderabad7Lucknow6Surat6Amritsar5Allahabad3Chandigarh2Patna2Jabalpur1Dehradun1Jodhpur1Varanasi1Guwahati1

Key Topics

Section 271(1)(b)28Section 271B17Section 44A10Penalty9Addition to Income7Section 143(3)4Section 1443Section 142(1)3Section 1473Section 250

SHREENATHJI DEVLOPERS,RAJKOT vs. THE ITO, WARD-2 (1) (1), RAJKOT, RAJKOT

In the result, all the five appeals filed by the assessee are hereby allowed

ITA 134/RJT/2021[2016-17]Status: DisposedITAT Rajkot03 Mar 2023AY 2016-17

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 271(1)(b)

u/s. 144 assessment order is deleted by the Ld. CIT(A). Thus, the grievance made out by the assessee is found to be genuine and reasonable. In the above circumstances the levy of penalty under Section 271(1)(b) in our considered opinion is unwarranted. For better understanding Section 271(1)(b) and 273B are extracted below: “271

SHREENATHJI DEVLOPERS,RAJKOT vs. THE ITO, WARD-2 (1) (1), RAJKOT, RAJKOT

In the result, all the five appeals filed by the assessee are hereby allowed

ITA 130/RJT/2021[2016-17]Status: DisposedITAT Rajkot03 Mar 2023AY 2016-17
2

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 271(1)(b)

u/s. 144 assessment order is deleted by the Ld. CIT(A). Thus, the grievance made out by the assessee is found to be genuine and reasonable. In the above circumstances the levy of penalty under Section 271(1)(b) in our considered opinion is unwarranted. For better understanding Section 271(1)(b) and 273B are extracted below: “271

SHREENATHJI DEVLOPERS,RAJKOT vs. THE ITO, WARD-2 (1) (1), RAJKOT, RAJKOT

In the result, all the five appeals filed by the assessee are hereby allowed

ITA 131/RJT/2021[2016-17]Status: DisposedITAT Rajkot03 Mar 2023AY 2016-17

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 271(1)(b)

u/s. 144 assessment order is deleted by the Ld. CIT(A). Thus, the grievance made out by the assessee is found to be genuine and reasonable. In the above circumstances the levy of penalty under Section 271(1)(b) in our considered opinion is unwarranted. For better understanding Section 271(1)(b) and 273B are extracted below: “271

SHREENATHJI DEVLOPERS,RAJKOT vs. THE ITO, WARD-2 (1) (1), RAJKOT, RAJKOT

In the result, all the five appeals filed by the assessee are hereby allowed

ITA 132/RJT/2021[2016-17]Status: DisposedITAT Rajkot03 Mar 2023AY 2016-17

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 271(1)(b)

u/s. 144 assessment order is deleted by the Ld. CIT(A). Thus, the grievance made out by the assessee is found to be genuine and reasonable. In the above circumstances the levy of penalty under Section 271(1)(b) in our considered opinion is unwarranted. For better understanding Section 271(1)(b) and 273B are extracted below: “271

SHREENATHJI DEVLOPERS,RAJKOT vs. THE ITO, WARD-2 (1) (1), RAJKOT, RAJKOT

In the result, all the five appeals filed by the assessee are hereby allowed

ITA 133/RJT/2021[2016-17]Status: DisposedITAT Rajkot03 Mar 2023AY 2016-17

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 271(1)(b)

u/s. 144 assessment order is deleted by the Ld. CIT(A). Thus, the grievance made out by the assessee is found to be genuine and reasonable. In the above circumstances the levy of penalty under Section 271(1)(b) in our considered opinion is unwarranted. For better understanding Section 271(1)(b) and 273B are extracted below: “271

YESHA DHIRAJLAL THAKRAR,RAJKOT vs. THE DCIT, NFAC DELHI, DELHI

In the result, appeal of the assessee in ITA no

ITA 75/RJT/2023[2013-14]Status: HeardITAT Rajkot18 Aug 2023AY 2013-14

Bench: Ld. Cit(A) From Penalty Order Dated 29.01.2022 (Din: Itba/Pnl/F/271(1)(B)/2021-22/1039193062(1)) Passed By Ld. Assessing Officer,Nfac, Delhi(Hereinafter Called “The Ao”) U/S 271(1)(B) Of The 1961 Act Levying Penalty Of Rs. 30,000/- Against The Assesse For Non Compliance Of Three Notices Dated 27.07.2021, 06.08.2021 & 16.08.2021 Issued During Reassessment Proceedings , All Three Aforesaid Notices U/S 142(1) Of The 1961 Act. The Proceedings Were Conducted Before Division Bench Through E-Court Through Virtual Hearing Mode.

For Appellant: Shri R D Lalchandani,AdvocateFor Respondent: Shri. A.K.Pandey, Sr. DR
Section 142(1)Section 144Section 144BSection 147Section 148Section 250Section 271(1)(b)Section 271BSection 56(2)(vii)

271B(sic. 271(1)(b)) of the Act. The levy of Penalty is not justified.” 3. The brief facts of the case are that the reassessment proceedings u/s 147 read with Section

SHRI DAYALJI JAMNADAS THACKER,BHUJ-KUTCH vs. THE ITO-WARD-2, BHUJ-KUTCH, BHUJ-KUTCH

In the result, the appeal of the assessee is allowed

ITA 112/RJT/2021[2015-16]Status: DisposedITAT Rajkot31 Jan 2023AY 2015-16

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Appellant: Shri Vimal Desai, A.RFor Respondent: Shri B. D. Gupta, Sr. D.R
Section 143(3)Section 271BSection 44A

u/s 143(3) was completed by the AO without making any variation in the return of income filed by him. Furthermore, it was his first year of business and it has taken time to finalize accounts and get the same audited. But the tax was already paid with interest to the Government Exchequer. It was also submitted that the assessee

HIRABEN RAJUBHAI BOKHIRIYA,PORBANDAR vs. INDIVIDUAL, PORBANDAR

In the result, appeal filed by the assessee is allowed

ITA 293/RJT/2025[2016-17]Status: DisposedITAT Rajkot27 Nov 2025AY 2016-17

Bench: Dr. Arjun Lal Sainiआयकर अपील सं. /Ita No.293/Rjt/2025 िनधा"रण वष"/Assessment Year : 2016-17

For Appellant: Shri Divyesh Sodha, Ld. ARFor Respondent: Shri Dheeraj Kumar Gupta, Ld. Sr. DR
Section 143(3)Section 250Section 271Section 271BSection 273BSection 44A

section 44AB. 2. The Penalty levied by the Ld CIT (A) & assessing officer exceeds the statutory limits u/s 271(B) which prescribes a penalty of 0.5% of turnover or 1,50,000/- whichever is lower. However, the penalty of 1.5% has been imposed. 3. The failure to get accounts audited was not deliberate or intentional but arose from a genuine

NIKUNJ SOJITRA,JAMNAGAR vs. THE INCOME TAX OFFICER WARD 2(7), JAMNAGAR, JAMNAGAR

Appeal is allowed for statistical purpose

ITA 859/RJT/2024[2017-18]Status: DisposedITAT Rajkot08 Jul 2025AY 2017-18

Bench: Dr. Arjun Lal Saini, Am. & Dinesh Mohan Sinha, Jm आयकरअपीलसं./Ita No.859/Rjt/2024 "नधा"रणवष" / Assessment Year: (2017-18) (Hybrid Hearing) Nikunj Sojitra Vs. Income-Tax Officer, Dhudashiya, Jamvanthali, Ito Ward – 2(7), Jamnagar - 361130 Jamnagar - 361008 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Gdeps4923M (Appellant) (Respondent) Appellant By : Shri Chetan Agarwal, Ld. Ar Respondent By : Shri K. L. Solanki, Ld. Sr. Dr Date Of Hearing : 24 / 04 /2025 Date Of Pronouncement : 08 / 07 /2025

For Appellant: Shri Chetan Agarwal, Ld. ARFor Respondent: Shri K. L. Solanki, Ld. Sr. DR
Section 144Section 271Section 271BSection 44A

271 B of the Income Tax Act, 1961. Nikunj Sojitra vs. The ITO ward-2 2. GROUNDS OF APPEAL: - 1. Learned CIT(A) erred in law as well as on facts in upholding the penalty of Rs. 1,50,000/- u/s 271B of the without considering the fact that books of account are not maintained as per section