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12 results for “penalty u/s 271”+ Section 127clear

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Key Topics

Section 271(1)(c)15Section 92C9Section 80I9Penalty8Addition to Income8Section 1446Section 1486Section 143(3)4Section 1274Section 271(1)

R.S. TRADELINK PVT.LTD.,SURAT vs. THE ACIT.,CIRCLE-4,, SURAT

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

ITA 2130/AHD/2014[2008-09]Status: DisposedITAT Surat04 Feb 2021AY 2008-09

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.2130/Ahd/2014 ("नधा"रणवष" / Assessment Year: (2008-09) (Virtual Court Hearing) M/S. R.S. Tradelink Pvt. Ltd., Vs. The Assistant Commissioner Plot No.17, Magdalla Port Road, Of Income Tax, Circle-4, Surat. Magdalla, Surat-395007. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcr6607A (Assessee) (Respondent)

For Appellant: Shri Rasesh Shah - CAFor Respondent: Shri Ritesh Mishra - CIT (DR)
Section 143(3)Section 271Section 271(1)Section 271(1)(c)Section 274

u/s 271(1)(c ) of the Act, in the assessment order in respect of long term capital gain only for one limb, that is, concealment of income, vide para 9 of assessment order. However, in the penalty order under section 271(1) (c ) of the Act, the assessing officer has initiated the penalty for both limbs, that is, concealment

4
Disallowance3
Transfer Pricing3

PAL GRAM HINDU SARVAJANIK TRUST,SURAT vs. INCOME TAX OFFICER, EXEMPTION WARD, SURAT

In the result, appeal filed by the assessee is allowed

ITA 536/SRT/2018[2011-12 ]Status: DisposedITAT Surat29 Jul 2021

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.536/Srt/2018 ("नधा"रणवष" / Assessment Year: (2011-12) (Virtual Court Hearing) Pal Gram Hindu Sarvajanik Trust, V The Income Tax Officer, At 7 Post : Pal, Tal. Choryasi, Exemption Ward, Surat. S. Dist – Surat – 395005. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaatp 2544 G (Assessee) (Respondent) Assessee By : Shri Hiren Vepari - Ca Respondent By : Ms.Anupama Singla – Sr.Dr सुनवाईक"तार"ख/ Date Of Hearing : 02/07/2021 घोषणाक"तार"ख/Date Of Pronouncement : 29/07/2021 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Appeal Filed By Assessee Pertaining To Assessment Year 2011-12 Is Directed Against The Order Passed By The Ld.Commissioner Of Income Tax(Appeals)-3, Surat [Ld.Cit(A)] Dated 30.05.2018, Which In Turn Arises Out Of A Penalty Order Passed By The Assessing Officer Under Section 271(1)(C) Of 1The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”], Dated 24.03.2017. 2. Grounds Of Appeal Raised By The Assessee Are As Follows: “[1] On The Facts & Circumstances Of The Case, The Learned Cit(A) Was Not Justified In Confirming Penalty U/S 271(1)(C) Of The Act. [2] With The Assessing Officer Failing To Specify In The Assessment Order As To Whether The Proceedings Were Initiated For Concealing Income Or Furnishing Inaccurate Particulars Of Income, The Penalty Order Was Required To Be Knocked Down In View Of The Decision Of The Gujarat High Court In Case Of Sorathia Engineering Co. Ltd. (282-Itr-642). [3] The Assessee Craves Leave To Add, Alter Or Vary Any Of The Grounds Of Appeal.”

For Appellant: Shri Hiren Vepari - CAFor Respondent: Ms.Anupama Singla – Sr.DR
Section 11Section 11(1)(a)Section 11(2)Section 142(1)Section 22Section 271Section 271(1)Section 271(1)(c)

u/s 11(2) of the Act. Therefore, we are of the view that penalty levied by the assessing officer under section 271(1) (c ) of the Act is bad in law and needs to be deleted. 10. If the Income Tax Act is analysed, it is seen that there are three different ways in which the statutory requirements are enforced

UTKARSH VASANTKUMAR MEHTA,SILVASSA vs. DCIT, VAPI CIRCLE, VAPI

In the result, the grounds of appeal raised by the assessee are allowed

ITA 1192/SRT/2024[2015-16]Status: HeardITAT Surat17 Feb 2025AY 2015-16

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI BIJAYANANDA PRUSETH (Accountant Member)

Section 254(1)Section 271(1)(c)

section 271(1)(c) of the Act. 2. Brief facts of the case are that while passing the assessment order the AO made addition on account of undisclosed duty drawback of 70,299/-. The addition was made by taking view that during assessment, assessing officer noted that assessee has credited an amount of ₹ 1,75,523/- on account of duty

DCIT, CIRCLE-1(1)(2), SURAT vs. J K PAPER LIMITED, SURAT

In the result, this appeal of the Revenue is dismissed

ITA 181/SRT/2020[2012-13]Status: DisposedITAT Surat23 May 2022AY 2012-13

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) D.C.I.T. M/S J.K. Paper Ltd. Circle-1(1)(2), P.O. Central Pulp Mill, Vs. Surat. Fort Songadh, Surat. Pan : Aaact 6305 N Appellant Respondednt

Section 115JSection 143(3)Section 145ASection 254(1)Section 271Section 271(1)(c)Section 274Section 292BSection 40aSection 80I

271(1)(c) of the Act, the assessee filed appeal before the ld. CIT(A). Before the ld. CIT(A), the assessee filed detailed written submissions on each of the additions/disallowances, on which the penalty was levied by the Assessing officer. On the disallowance of deduction under Section 80IA of the Act, it was contended by the assessee that

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, SURAT vs. ANTRIX DIAMOND EXPORTS PVT. LTD.,, MUMBAI

In the result, these three appeals filed by the Revenue are dismissed

ITA 178/SRT/2022[2014-15]Status: DisposedITAT Surat21 Mar 2023AY 2014-15

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.176 To 178/Srt/2022 Assessment Years: (2012-13 To 2014-15) (Physical Hearing) The Acit, Central Circle-3, Vs. Antrix Diamond Exports Pvt. Ltd., Surat. 1006, Free Press Mark, Raheja Centre Nariman Point, Mumbai – 400021. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaca3403G (Revenue)/(Appellant) (Assessee)/(Respondent) Assessee By Ms Ekta Sanghvi, Ca Revenue By Shri Ashok B. Koli, Cit(Dr) Date Of Hearing 10/02/2023 21/03/2023 Date Of Pronouncement

Section 271GSection 92CSection 92D(3)

127 taxmann.com 677/189 ITD 21'. We find that fact in the appeal before us are quite identical to facts in all these decisions. Therefore, respectfully following these decisions, we confirm the impugned order deleting the penalty u/s 271 G." The issue is similarly decided in favour of the assessee in the case of Deputy Commissioner of Income-tax, Circle

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, SURAT vs. ANTRIX DIAMOND EXPORTS PVT. LTD.,, MUMBAI

In the result, these three appeals filed by the Revenue are dismissed

ITA 176/SRT/2022[2012-13]Status: DisposedITAT Surat21 Mar 2023AY 2012-13

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.176 To 178/Srt/2022 Assessment Years: (2012-13 To 2014-15) (Physical Hearing) The Acit, Central Circle-3, Vs. Antrix Diamond Exports Pvt. Ltd., Surat. 1006, Free Press Mark, Raheja Centre Nariman Point, Mumbai – 400021. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaca3403G (Revenue)/(Appellant) (Assessee)/(Respondent) Assessee By Ms Ekta Sanghvi, Ca Revenue By Shri Ashok B. Koli, Cit(Dr) Date Of Hearing 10/02/2023 21/03/2023 Date Of Pronouncement

Section 271GSection 92CSection 92D(3)

127 taxmann.com 677/189 ITD 21'. We find that fact in the appeal before us are quite identical to facts in all these decisions. Therefore, respectfully following these decisions, we confirm the impugned order deleting the penalty u/s 271 G." The issue is similarly decided in favour of the assessee in the case of Deputy Commissioner of Income-tax, Circle

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, SURAT vs. ANTRIX DIAMOND EXPORTS PVT. LTD.,, MUMBAI

In the result, these three appeals filed by the Revenue are dismissed

ITA 177/SRT/2022[2013-14]Status: DisposedITAT Surat21 Mar 2023AY 2013-14

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.176 To 178/Srt/2022 Assessment Years: (2012-13 To 2014-15) (Physical Hearing) The Acit, Central Circle-3, Vs. Antrix Diamond Exports Pvt. Ltd., Surat. 1006, Free Press Mark, Raheja Centre Nariman Point, Mumbai – 400021. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaca3403G (Revenue)/(Appellant) (Assessee)/(Respondent) Assessee By Ms Ekta Sanghvi, Ca Revenue By Shri Ashok B. Koli, Cit(Dr) Date Of Hearing 10/02/2023 21/03/2023 Date Of Pronouncement

Section 271GSection 92CSection 92D(3)

127 taxmann.com 677/189 ITD 21'. We find that fact in the appeal before us are quite identical to facts in all these decisions. Therefore, respectfully following these decisions, we confirm the impugned order deleting the penalty u/s 271 G." The issue is similarly decided in favour of the assessee in the case of Deputy Commissioner of Income-tax, Circle

GAURAVA MISHRA,RAIPUR vs. ITO, WARD 3(2)(8), SURAT

In the result, appeal of the assessee is allowed for statistical purposes

ITA 104/SRT/2025[2012-13]Status: DisposedITAT Surat17 Nov 2025AY 2012-13

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.104/Srt/2025 Assessment Year: (2012-13) (Hybrid Hearing) Gaurav Mishra, Vs. Ito, Present Address: - Ward -3 (2)(8), 80, Bayshore Road, Unit No.28, Surat (Costa Del Sol), Singapore – 46992 Permanent Address: 605, Spathik Shilla, Sundar Nagar Purani Basti, So Raipur – 492001, C.G., India "थायीलेखासं./जीआइआरसं./Pan/Gir No: Amkpm6042J (Appellant) (Respondent) Appellant By Shri Veekass Sharma, Ar Respondent By Shri Ajay Uke, Sr. Dr Date Of Hearing 04/09/2025 Date Of Pronouncement 17/11/2025

Section 127Section 133(6)Section 143(2)Section 144Section 148Section 250

section 250 of the Income-tax Act, 1961 (in short, ‘the Act’), dated 28.11.2024 by the Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [in short, ‘CIT(A)’] for the assessment year (AY) 2012-13. 2. The grounds of appeal raised by the assessee are as under: “1. On the facts and in the circumstances

VANMALIBHAI MULJIBHAI PATEL L/H RANJANBEN DEEPAKBHAI PATEL,NA vs. ARIVS.ITO, WARD 5, NAVSARI

In the result, appeal of the assessee is allowed for statistical purposes

ITA 345/SRT/2025[2011-12]Status: DisposedITAT Surat04 Dec 2025AY 2011-12

Bench: Shri Sanjay Garg & Shri Bijayananda Prusethआयकर अपील सं./Ita No.345/Srt/2025 Assessment Year: (2011-12) (Hybrid Hearing) Vanmalibhai Muljibhai Patel, Vs. Ito, L/H Of Ranjanben Deepakbhai Patel Ward - 5, 16, Shrinikunj Society, Ashabaug, Navsari Navsari - 396445 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Abjpp3114G (अपीलाथ"/Appellant) (""थ" /Respondent) Appellant By Shri Suresh K. Kabra, Ca Respondent By Ms. Jayshree Thakur, Sr. Dr Date Of Hearing 23/09/2025 Date Of Pronouncement 04/12/2025

Section 127Section 144Section 147Section 148Section 234BSection 250Section 251(1)Section 271(1)(c)

127 of the Act. 4. The Ld Assessing Officer has erred and was not proper on the facts of the case and in law in directing to charge Interest u/s 234B/C, insofar as the assessee is a Senior Citizen not liable for Advance Tax under the Act. 5. PRAYER: 5.1 The notice u/s 148 may be kindly quashed

ACIT, CIRCLE-2(1)(1), INCOME TAX DEPARTMENT vs. S D MATERIAL HANDLERS PRIVATE LIMITED, SURAT

In the result, the appeal of the Revenue is dismissed

ITA 499/SRT/2023[2013-14]Status: DisposedITAT Surat21 Dec 2023AY 2013-14

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.499/Srt/2023 (िनधा"रणवष" / Assessment Year: (2013-14) (Hybrid Hearing) Assistant Commissioner Of M/S S D Material Handlers Pvt. Ltd. Income-Tax, Circle-2(1)(1), Surat Vs. 405-408, Shivalik Western, L.P. Room No.612, 6Th Floor, Aayakar Savani Road, Adajan Adajan Bhavan, Near Majura Gate, Bo, Surat-395009 Surat-395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccd 3481B (अपीलाथ" /Assessee) (""थ"/Respondent)

For Appellant: Shri Sapnesh R Sheth, CAFor Respondent: Shri Vinod Kumar, Sr-DR
Section 142(1)Section 143(1)Section 143(3)Section 263Section 36(1)(va)

271/-. The Ld.PCIT-2, Surat vide his order dated 19.03.2018, has set aside the case u/s 263 to the file of Assessing Office for making fresh enquiry. Therefore, a notice u/s 142(1) was issued on 19.07.2018, with a specific questionnaire and asked the assessee to submit its reply on 27.07.2018. In response to the notices issued, assessee furnished documents

M/S. VRAJ CORPORATION,,SURAT vs. INCOME TAX OFFICER , WARD-5(2),, SURAT

In the result, both the appeals of the Assessees are dismissed

ITA 2619/AHD/2014[2010-11]Status: DisposedITAT Surat26 Jul 2019AY 2010-11

Bench: Shri Bhavnesh Saini & Shri O.P. Meena

For Respondent: Shri S.R. Meena, Sr. D.R
Section 133ASection 80I

271(1)(c) of the Act. Similarly, different Hon'ble Courts, including Apex Court, have opined that if it is gathered by revenue that :ne omission was attributable to a intention or desire on the part of the assessee to hide or conceal the income so as to avoid the imposition of tax thereon, penalty for concealment is leviable

M/S. VRAJ DEVELOPERS,,SURAT vs. INCOME TAX OFFICER, WARD-5(2),, SURAT

In the result, both the appeals of the Assessees are dismissed

ITA 2620/AHD/2014[2010-11]Status: DisposedITAT Surat26 Jul 2019AY 2010-11

Bench: Shri Bhavnesh Saini & Shri O.P. Meena

For Respondent: Shri S.R. Meena, Sr. D.R
Section 133ASection 80I

271(1)(c) of the Act. Similarly, different Hon'ble Courts, including Apex Court, have opined that if it is gathered by revenue that :ne omission was attributable to a intention or desire on the part of the assessee to hide or conceal the income so as to avoid the imposition of tax thereon, penalty for concealment is leviable