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12 results for “penalty u/s 271”+ Section 149(1)clear

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Key Topics

Section 271(1)(c)42Section 27440Penalty11Section 2718Section 41(1)4Section 133(6)2

ACIT, CIRCLE-3, RANCHI vs. SHRI SUMIT RAMSISARIA, RANCHI

ITA 222/RAN/2019[2015-16]Status: DisposedITAT Ranchi11 Dec 2020AY 2015-16

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godara

Section 133(6)Section 143(3)Section 41(1)

penalty proceedings u/s 271(1)(c) of the IT. Act, 1961 are separately initiated on account of furnishing of inaccurate particulars of income." The above statement of the Assessing Officer IS not legally tenable due to the following reasons.- The AO has assumed that no such liability existed in the form of sundry creditors to the tune of Rs.3

SHRI ARUN KUMAR GUPTA ,WEST SINGHBHUM vs. ACIT CENTRAL CIRCLE, JAMSHEDPUR

In the result, all the appeals of assessee are allowed

ITA 83/RAN/2019[2009-10]Status: DisposedITAT Ranchi05 Nov 2021
AY 2009-10

Bench: Shri A. T. Varkey, Jm]

Section 271(1)(c)Section 274

271(1)(c) of the Act is bad in law and invalid for the reason that the show cause notice u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealment of particulars of income or furnishing of inaccurate particulars of income. The Ld. Counsel further brought to my notice that

SHRI ARUN KUMAR GUPTA ,WEST SINGHBHUM vs. ACIT CENTRAL CIRCLE, JAMSHEDPUR

In the result, all the appeals of assessee are allowed

ITA 84/RAN/2019[2010-11]Status: DisposedITAT Ranchi05 Nov 2021AY 2010-11

Bench: Shri A. T. Varkey, Jm]

Section 271(1)(c)Section 274

271(1)(c) of the Act is bad in law and invalid for the reason that the show cause notice u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealment of particulars of income or furnishing of inaccurate particulars of income. The Ld. Counsel further brought to my notice that

SHRI ARUN KUMAR GUPTA ,WEST SINGHBHUM vs. ACIT CENTRAL CIRCLE, JAMSHEDPUR

In the result, all the appeals of assessee are allowed

ITA 85/RAN/2019[2011-12]Status: DisposedITAT Ranchi05 Nov 2021AY 2011-12

Bench: Shri A. T. Varkey, Jm]

Section 271(1)(c)Section 274

271(1)(c) of the Act is bad in law and invalid for the reason that the show cause notice u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealment of particulars of income or furnishing of inaccurate particulars of income. The Ld. Counsel further brought to my notice that

VAISNAVI AGRO,DEOGHAR vs. ITO WARD-3(1), DEOGHAR

In the result, both the appeals of the assessee are allowed

ITA 236/RAN/2016[2004-05]Status: DisposedITAT Ranchi28 Feb 2018AY 2004-05

Bench: Hon’Ble Shri J. Sudhakar Reddy, Am] I.T.A. No. 236 & 237/Ran/2016 Assessment Year : 2004-05 & 2005-06 M/S. Vaishnavi Agro...................................................................................................Appellant Bandha Town Area, P.O. B. Deoghar – 814 112. Jharkhand. [Pan: Aaefv 0289 J Income Tax Officer...................…………………….....................................................Respondent Ward No. Iii(1), Deoghar. Appearances By: Shri M.K. Choudhury, Advocate Appearing On Behalf Of The Assessee. Shri Sanjay Malik, Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 26, 2018 Date Of Pronouncing The Order : February 28, 2018 Order Per J. Sudhakar Reddy, Am

Section 271Section 271(1)(c)Section 274

271(1)(c) of the Act is bad in law and invalid for the reason that the show cause notice u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealment of particulars of income or furnishing of inaccurate particulars of income. The ld. Counsel further brought to our notice that

M/S VAISNAVI AGRO,DEOGHAR vs. ITO WARD-3(1), DEOGHAR

In the result, both the appeals of the assessee are allowed

ITA 237/RAN/2016[2005-06]Status: DisposedITAT Ranchi28 Feb 2018AY 2005-06

Bench: Hon’Ble Shri J. Sudhakar Reddy, Am] I.T.A. No. 236 & 237/Ran/2016 Assessment Year : 2004-05 & 2005-06 M/S. Vaishnavi Agro...................................................................................................Appellant Bandha Town Area, P.O. B. Deoghar – 814 112. Jharkhand. [Pan: Aaefv 0289 J Income Tax Officer...................…………………….....................................................Respondent Ward No. Iii(1), Deoghar. Appearances By: Shri M.K. Choudhury, Advocate Appearing On Behalf Of The Assessee. Shri Sanjay Malik, Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 26, 2018 Date Of Pronouncing The Order : February 28, 2018 Order Per J. Sudhakar Reddy, Am

Section 271Section 271(1)(c)Section 274

271(1)(c) of the Act is bad in law and invalid for the reason that the show cause notice u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealment of particulars of income or furnishing of inaccurate particulars of income. The ld. Counsel further brought to our notice that

M/S RAM SWARUP RUNGTA & BROTHERS,RANCHI vs. DCIT, RANCHI

In the result, the appeals of assessee in ITA

ITA 118/RAN/2016[2007-08]Status: DisposedITAT Ranchi01 Mar 2018AY 2007-08
For Appellant: Shri Devesh Poddar, Advocate, ld.ARFor Respondent: Shri Sanjay Mallik, JCIT, ld. DR
Section 271Section 271(1)(c)Section 274

u/s. 271(1)(c) of the Act. The Ld. DR prayed to dismiss the grounds raised in appeal of the assessee by confirming the penalty imposed and confirmed by the AO and CIT-A respectively. 6. We have heard the rival submissions. We find the Coordinate Bench of Kolkata Tribunal in the case of Jeetmal Choraria in ITA 956/KOL/16

DCIT CENTRAL CIRCLE-1, RANCHI vs. SHRI RAJESH BATHWAL, RANCHI

In the result, all the appeals of the revenue are dismissed

ITA 361/RAN/2016[2004-05]Status: DisposedITAT Ranchi28 Feb 2018AY 2004-05

Bench: Hon’Ble Shri J. Sudhakar Reddy] I.T.A. Nos. 360, 361, 362, 363 & 364/Ran/2016 Assessment Years :2003-04, 2004-05, 2005-06, 2006-07 & 2007-08 Acit Cir 1.........................................................................................................................Appellant 7Th Floor, Mahabir Tower, Main Road, Ranchi, Jharkhand – 834 001. Shri Rajesh Bathwal...................……………………………………..................................Respondent Saheed Jaswant Singh Marg, Lake Raod, Ranchi – 834 001 [Pan: Adgpb 9315 E] Appearances By: Shri Sanjay Malik, Jr. Dr Appearing On Behalf Of The Revenue. Shri Rajiv Ranjan Mittal, Advocatel Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : February 28, 2018 Date Of Pronouncing The Order : February 28 , 2018 Order All These Are Revenue’S Appeal Directed Against The Separate Orders Of Commissioner Of Income Tax (Appeals), Wherein The Penalty Levied By The Assessing Officer Under Section 271(1)(C) Of The Act Have Been Cancelled By The Ld. Cit(A).

Section 271Section 271(1)(c)Section 274

271(1)(c) of the Act is bad in law and invalid for the reason that the show cause notice u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealment of particulars of income or furnishing of inaccurate particulars of income. The ld. Counsel further brought to our notice that

DCIT CENTRAL CIRCLE-1, RANCHI vs. SHRI RAJESH BATHWAL, RANCHI

In the result, all the appeals of the revenue are dismissed

ITA 364/RAN/2016[2007-08]Status: DisposedITAT Ranchi28 Feb 2018AY 2007-08

Bench: Hon’Ble Shri J. Sudhakar Reddy] I.T.A. Nos. 360, 361, 362, 363 & 364/Ran/2016 Assessment Years :2003-04, 2004-05, 2005-06, 2006-07 & 2007-08 Acit Cir 1.........................................................................................................................Appellant 7Th Floor, Mahabir Tower, Main Road, Ranchi, Jharkhand – 834 001. Shri Rajesh Bathwal...................……………………………………..................................Respondent Saheed Jaswant Singh Marg, Lake Raod, Ranchi – 834 001 [Pan: Adgpb 9315 E] Appearances By: Shri Sanjay Malik, Jr. Dr Appearing On Behalf Of The Revenue. Shri Rajiv Ranjan Mittal, Advocatel Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : February 28, 2018 Date Of Pronouncing The Order : February 28 , 2018 Order All These Are Revenue’S Appeal Directed Against The Separate Orders Of Commissioner Of Income Tax (Appeals), Wherein The Penalty Levied By The Assessing Officer Under Section 271(1)(C) Of The Act Have Been Cancelled By The Ld. Cit(A).

Section 271Section 271(1)(c)Section 274

271(1)(c) of the Act is bad in law and invalid for the reason that the show cause notice u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealment of particulars of income or furnishing of inaccurate particulars of income. The ld. Counsel further brought to our notice that

DCIT CENTRAL CIRCLE-1, RANCHI vs. SHRI RAJESH BATHWAL, RANCHI

In the result, all the appeals of the revenue are dismissed

ITA 360/RAN/2016[2003-04]Status: DisposedITAT Ranchi28 Feb 2018AY 2003-04

Bench: Hon’Ble Shri J. Sudhakar Reddy] I.T.A. Nos. 360, 361, 362, 363 & 364/Ran/2016 Assessment Years :2003-04, 2004-05, 2005-06, 2006-07 & 2007-08 Acit Cir 1.........................................................................................................................Appellant 7Th Floor, Mahabir Tower, Main Road, Ranchi, Jharkhand – 834 001. Shri Rajesh Bathwal...................……………………………………..................................Respondent Saheed Jaswant Singh Marg, Lake Raod, Ranchi – 834 001 [Pan: Adgpb 9315 E] Appearances By: Shri Sanjay Malik, Jr. Dr Appearing On Behalf Of The Revenue. Shri Rajiv Ranjan Mittal, Advocatel Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : February 28, 2018 Date Of Pronouncing The Order : February 28 , 2018 Order All These Are Revenue’S Appeal Directed Against The Separate Orders Of Commissioner Of Income Tax (Appeals), Wherein The Penalty Levied By The Assessing Officer Under Section 271(1)(C) Of The Act Have Been Cancelled By The Ld. Cit(A).

Section 271Section 271(1)(c)Section 274

271(1)(c) of the Act is bad in law and invalid for the reason that the show cause notice u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealment of particulars of income or furnishing of inaccurate particulars of income. The ld. Counsel further brought to our notice that

DCIT CENTRAL CIRCLE-1,RANCHI vs. SHRI RAJESH BATHWAL, RANCHI

In the result, all the appeals of the revenue are dismissed

ITA 362/RAN/2016[2005-06]Status: DisposedITAT Ranchi28 Feb 2018AY 2005-06

Bench: Hon’Ble Shri J. Sudhakar Reddy] I.T.A. Nos. 360, 361, 362, 363 & 364/Ran/2016 Assessment Years :2003-04, 2004-05, 2005-06, 2006-07 & 2007-08 Acit Cir 1.........................................................................................................................Appellant 7Th Floor, Mahabir Tower, Main Road, Ranchi, Jharkhand – 834 001. Shri Rajesh Bathwal...................……………………………………..................................Respondent Saheed Jaswant Singh Marg, Lake Raod, Ranchi – 834 001 [Pan: Adgpb 9315 E] Appearances By: Shri Sanjay Malik, Jr. Dr Appearing On Behalf Of The Revenue. Shri Rajiv Ranjan Mittal, Advocatel Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : February 28, 2018 Date Of Pronouncing The Order : February 28 , 2018 Order All These Are Revenue’S Appeal Directed Against The Separate Orders Of Commissioner Of Income Tax (Appeals), Wherein The Penalty Levied By The Assessing Officer Under Section 271(1)(C) Of The Act Have Been Cancelled By The Ld. Cit(A).

Section 271Section 271(1)(c)Section 274

271(1)(c) of the Act is bad in law and invalid for the reason that the show cause notice u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealment of particulars of income or furnishing of inaccurate particulars of income. The ld. Counsel further brought to our notice that

DCIT CENTRAL CIRCLE-1, RANCHI vs. SHRI RAJ KUMAR SHAH,

In the result, the appeal of the revenue is dismissed

ITA 354/RAN/2016[2008-09]Status: DisposedITAT Ranchi28 Feb 2018AY 2008-09

Bench: Hon’Ble Shri J. Sudhakar Reddy] I.T.A. Nos. 354/Ran/2016 Assessment Year :2008-09 Acit Cir 1...........................................................................................................................Appellant 7Th Floor, Mahabir Tower, Main Road, Ranchi, Jharkhand – 834 001. Shri Raj Kumar Shah...................……………………………………..................................Respondent European Quarter Chaibasa, Jharkhand – 833 201 [Pan: Alkps 7305 M] Appearances By: Shri Sanjay Malik, Jr. Dr Appearing On Behalf Of The Revenue. Shri Rajiv Ranjan Mittal, Advocatel Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : February 28, 2018 Date Of Pronouncing The Order : February 28, 2018 Order The Revenue’S Appeal Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), Patna Wherein The Penalty Levied By The Assessing Officer Under Section 271(1)(C) Of The Act, Has Been Cancelled By The Ld. Cit(A).

Section 271Section 271(1)(c)Section 274

271(1)(c) of the Act is bad in law and invalid for the reason that the show cause notice u/s 274 of the Act does not specify the charge against the assessee as to whether it is for concealment of particulars of income or furnishing of inaccurate particulars of income. The ld. Counsel further brought to our notice that