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14 results for “penalty u/s 271”+ Section 143(2)clear

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Key Topics

Section 271(1)(c)19Section 80P(2)(a)18Section 80P18Section 143(3)16Penalty10Disallowance10Deduction9Addition to Income8Section 271

RAEES ALAM SIDDIQUI,GHAZIPUR vs. DY. C.I.T., RANGE - 1, VARANASI

In the result, the appeal of the assessee is allowed

ITA 39/VNS/2024[2015-2016]Status: DisposedITAT Varanasi31 Dec 2025AY 2015-2016

Bench: SH. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SH. NIKHIL CHOUDHARY (Accountant Member)

For Appellant: Sh. Arvind Shukla, AdvocateFor Respondent: Smt. Amandeep Kaur, Sr. DR
Section 143(3)Section 145(3)Section 271Section 271(1)(c)

u/s 271(1)(c) without appreciating that the Ld. A.O. levied penalty without establishing that the explanation furnished by the appellant was false. 6. Because on the facts and circumstances of the case and in law the learned Commissioner of Income Tax (Appeals), NFAC erred in upholding penalty order pervasive to binding decisions interpreting provision explained by courts. 7. Because

7
Section 2546
Section 2(19)6
Section 36

DILIP KUMAR SINGH,BALLIA vs. ITO, WARD - 2(4),, BALLIA

In the result, the appeal of the assessee is dismissed

ITA 72/VNS/2018[2010-2012]Status: DisposedITAT Varanasi22 Jul 2022AY 2010-2012

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharay: 2010-11 Sh. Dilip Kumar Singh, V. Income Tax Officer, Sarani Koth, Sikanderpur, Ballia, Ward-2(4), Ballia Uttar Pradesh Pan-Adups6163M (Appellant) (Respondent) Appellant By: None Respondent By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 05.07.2022 Date Of Pronouncement: 22.07.2022 O R D E R

For Appellant: NoneFor Respondent: Sh. A.K. Singh, Sr. DR
Section 143(3)Section 271(1)(c)

143(3), the AO made the addition of Rs. 63,89,000/- on account of unexplained cash deposit and Rs. 74 as interest income. The CIT(A) in quantum appeal enhanced the assessment by making an addition of Rs. 3,11,649/- on account of income from contract receipt, interest on FDR and interest on income tax refund. All these

SHAILESH MANI TRIPATHI,GORAKHPUR vs. ACIT, CIRCLE - 1,, GORAKHPUR

In the result, appeal of the assessee in ITA No

ITA 60/VNS/2019[2013-2014]Status: DisposedITAT Varanasi24 May 2022AY 2013-2014

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2013-14 Shailesh Mani Tripathi, Acit, Circle-1 384-E Infront Of Var- V. Gorakhpur, U.P. Vadhu Marriage House,Aarogyamandir, Shahpurrapti Nagar, Gorakhpur-273001, U.P. Pan:Aefpt 5272A (Appellant) (Respondent)

For Appellant: NoneFor Respondent: ShriA.K. Singh, Sr. DR
Section 143(3)Section 271(1)(c)Section 80GSection 8O

2 Assessment Year: 2013-14 Shailesh Mani Tripathi v. ACIT interest income on refund of income-tax to the tune of Rs.5483/-,which stood added as income by the AO in the hands of the assessee as the same were not declared by the assessee in its return of income filed with the Revenue . The penalty proceedings were initiated

DY. C. I. T., CIRCLE - 1, GORAKHPUR vs. BARODA UTTAR PRADESH GRAMIN BANK NOW AMALGAMATED WITH BARODA U. P.. BANK, GORAKHPUR

In the result, the appeals of the Revenue are dismissed and the Cross Objections of the assessee are allowed

ITA 54/VNS/2023[2017-2018]Status: DisposedITAT Varanasi26 Sept 2023AY 2017-2018

Bench: Shri. B. R. Baskaran & Shri Amit Shukla

For Appellant: Shri S. K. Garg, AdvocateFor Respondent: Shri Robin Chaudhary, CIT
Section 143(3)Section 2(19)Section 22Section 254Section 271Section 3Section 80PSection 80P(2)(a)

143(3) of the Act for the Assessment Years 2017-18, 2018-19 & 2019-20. 2. In all the appeals, the common ground raised by the Revenue is that the ld. CIT(A) has erred in law and facts in deleting the disallowance of claim of deduction of rs.9,91,23,980/- under section 80P(2

DY. C. I. T., CIRCLE - 1, GORAKHPUR vs. BARODA UTTAR PRADESH GRAMIN BANK NOW AMALGAMATED WITH BARODA U.P. BANK, GORAKHPUR

In the result, the appeals of the Revenue are dismissed and the Cross Objections of the assessee are allowed

ITA 55/VNS/2023[2018-2019]Status: DisposedITAT Varanasi26 Sept 2023AY 2018-2019

Bench: Shri. B. R. Baskaran & Shri Amit Shukla

For Appellant: Shri S. K. Garg, AdvocateFor Respondent: Shri Robin Chaudhary, CIT
Section 143(3)Section 2(19)Section 22Section 254Section 271Section 3Section 80PSection 80P(2)(a)

143(3) of the Act for the Assessment Years 2017-18, 2018-19 & 2019-20. 2. In all the appeals, the common ground raised by the Revenue is that the ld. CIT(A) has erred in law and facts in deleting the disallowance of claim of deduction of rs.9,91,23,980/- under section 80P(2

DY. C. I. T., CIRCLE - 1, GORAKHPUR vs. BARODA UTTAR PRADESH GRAMIN BANK NOW AMALGAMATED WITH BARODA U.P. BANK, GORAKHPUR

In the result, the appeals of the Revenue are dismissed and the Cross Objections of the assessee are allowed

ITA 56/VNS/2023[2019-2020]Status: DisposedITAT Varanasi26 Sept 2023AY 2019-2020

Bench: Shri. B. R. Baskaran & Shri Amit Shukla

For Appellant: Shri S. K. Garg, AdvocateFor Respondent: Shri Robin Chaudhary, CIT
Section 143(3)Section 2(19)Section 22Section 254Section 271Section 3Section 80PSection 80P(2)(a)

143(3) of the Act for the Assessment Years 2017-18, 2018-19 & 2019-20. 2. In all the appeals, the common ground raised by the Revenue is that the ld. CIT(A) has erred in law and facts in deleting the disallowance of claim of deduction of rs.9,91,23,980/- under section 80P(2

DY. C. I. T., CIRCLE - 1, GORAKHPUR vs. BARODA UTTAR PRADESH GRAMIN BANK NOW AMALGAMATED WITH BARODA U.P. BANK, GORAKHPUR

In the result, the appeals of the Revenue are dismissed and the Cross Objections of the assessee are allowed

ITA 51/VNS/2023[2009-2010]Status: DisposedITAT Varanasi26 Sept 2023AY 2009-2010

Bench: Shri. B. R. Baskaran & Shri Amit Shukla

For Appellant: Shri S. K. Garg, AdvocateFor Respondent: Shri Robin Chaudhary, CIT
Section 143(3)Section 2(19)Section 22Section 254Section 271Section 3Section 80PSection 80P(2)(a)

143(3) of the Act for the Assessment Years 2017-18, 2018-19 & 2019-20. 2. In all the appeals, the common ground raised by the Revenue is that the ld. CIT(A) has erred in law and facts in deleting the disallowance of claim of deduction of rs.9,91,23,980/- under section 80P(2

DY. C. I. T., CIRCLE - 1, GORAKHPUR vs. BARODA UTTAR PRADESH GRAMIN BANK NOW AMALGAMATED WITH BARODA U.P. BANK, GORAKHPUR

In the result, the appeals of the Revenue are dismissed and the Cross Objections of the assessee are allowed

ITA 52/VNS/2023[2010-2011]Status: DisposedITAT Varanasi26 Sept 2023AY 2010-2011

Bench: Shri. B. R. Baskaran & Shri Amit Shukla

For Appellant: Shri S. K. Garg, AdvocateFor Respondent: Shri Robin Chaudhary, CIT
Section 143(3)Section 2(19)Section 22Section 254Section 271Section 3Section 80PSection 80P(2)(a)

143(3) of the Act for the Assessment Years 2017-18, 2018-19 & 2019-20. 2. In all the appeals, the common ground raised by the Revenue is that the ld. CIT(A) has erred in law and facts in deleting the disallowance of claim of deduction of rs.9,91,23,980/- under section 80P(2

DY. C. I. T., CIRCLE - 1, GORAKHPUR vs. BARODA UTTAR PRADESH GRAMIN BANK NOW AMALGAMATED WITH BARODA U.P. BANK, GORAKHPUR

In the result, the appeals of the Revenue are dismissed and the Cross Objections of the assessee are allowed

ITA 53/VNS/2023[2011-2012]Status: DisposedITAT Varanasi26 Sept 2023AY 2011-2012

Bench: Shri. B. R. Baskaran & Shri Amit Shukla

For Appellant: Shri S. K. Garg, AdvocateFor Respondent: Shri Robin Chaudhary, CIT
Section 143(3)Section 2(19)Section 22Section 254Section 271Section 3Section 80PSection 80P(2)(a)

143(3) of the Act for the Assessment Years 2017-18, 2018-19 & 2019-20. 2. In all the appeals, the common ground raised by the Revenue is that the ld. CIT(A) has erred in law and facts in deleting the disallowance of claim of deduction of rs.9,91,23,980/- under section 80P(2

M/S BANARAS SWARN KALA KENDRA PVT. LTD.,,VARANASI vs. ACIT, CC, VARANASI

ITA 4/VNS/2019[2011-2012]Status: DisposedITAT Varanasi21 Nov 2022AY 2011-2012

Bench: Shri Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2011-12 M/S. Banaras Swarn Kala Kendra Pvt. Ltd., The Assistant Commissioner Of Ck-65/70A, Bari Piari, V. Income Tax, Varanasi-221002, U.P. Central Circle, Aaykar Bhawan, M A Road, Varanasi-221002, U.P. Pan:Aaccb1623M (Appellant) (Respondent) Assesseeby: Shri A.K. Pandey, Advocate Revenue By: Shri Neeraj Kumar, Cit Dr Date Of Hearing: 25.08.2022 Date Of Pronouncement: 21.11.2022

For Appellant: Shri A.K. Pandey, AdvocateFor Respondent: Shri Neeraj Kumar, CIT DR
Section 132Section 153A

Penalty proceedings u/s 271AAA is being initiated separately on this point. (Addition of Rs. 8,06,04,299/-) That is how the addition of Rs. 8,06,04,299/- was made by the AO, which was the first addition made by the AO , w.r.t. differential in value of stock based on seized material vis-à-vis stock found

SANJAY TIWARI,GORAKHPUR vs. INCOME TAX OFFICER, WARD - 2(1), GORAKHPUR

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

ITA 22/VNS/2021[2015-2016]Status: DisposedITAT Varanasi13 Feb 2023AY 2015-2016

Bench: Shri. Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2015-16 Sanjay Tiwari V. The Ito Prop. Tiwari Automobiles Ward 2(1) Bewari Chowk, Gola Bazar Gorakhpur Gorakhpur Pan:Agupt4822H (Appellant) (Respondent) Appellant By: None Respondent By: Shri A. K. Singh, D.R. Date Of Hearing: 09 02 2023 Date Of Pronouncement: 13 02 2023 O R D E R

For Appellant: NoneFor Respondent: Shri A. K. Singh, D.R
Section 142(1)Section 143(2)Section 144Section 144ASection 271B

143(2) of the Act on 21.9.2017, but there was no response from the assessee. Thereafter, a notice under section 142(1) of the Act was issued on 25.9.2017, in response to which the ld. A. R. of the assessee appeared and sought adjournment. Thereafter, the Assessing Officer issued notices under section 142(1) of the Act, but there

M/S RAJENDRA PRASAD SRIVASTAVA,AZAMGARH vs. ACIT, RANGE - AZAMGARH, AZAMGARH

In the result, the appeal of the assessee is dismissed

ITA 164/VNS/2019[2013-2014]Status: DisposedITAT Varanasi07 Feb 2023AY 2013-2014

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2013-14 M/S Rajendra Prasad Srivastava, Vs. Asstt. Commissioner Of Income Sarfuddinpur, Near Railway Tax, Range-Azamgarh Station, Azamgarh-276001 Pan-Aakfr2986A (Appellant) (Respondent) Appellant By: Sh.Hari N. Singh Bisen, C.A. Respondent By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 11.01.2023 Date Of Pronouncement: 07.02.2023

For Appellant: Sh.Hari N. Singh Bisen, C.AFor Respondent: Sh. A.K. Singh, Sr. DR
Section 143(2)Section 145(3)

143(2) was issued by the Assessing Officer on 12.09.2014. The Assessing Officer rejected the books of accounts by invoking the provisions of section 145(3) of the Income Tax Act and then estimated the business income by excluding the interest income on FDR which was separately assessed as income from other sources. Accordingly, the net profit was estimated

M/S AVANTIKA INFRAVENTURE (P) LTD.,,ALLAHABAD vs. DCIT, CENTRAL CIRCLE,, VARANASI

In the result, the appeals of the assessee for the Assessment Years

ITA 22/VNS/2020[2012-2013]Status: DisposedITAT Varanasi13 Oct 2022AY 2012-2013

Bench: Shri.Vijay Pal Rao & Shri Ramit Kochar

For Appellant: NoneFor Respondent: Sh. R.K. Vishwakarma, CIT DR
Section 153ASection 234ASection 36

143(3), the AO issued a show cause notice to the assessee as to why disallowance under section 36(i)(iii) of the Income Tax Act should not be done in respect of interest deduction claimed on borrowed fund as it was not utilized for the business of the assessee but was used for advancing interest free loan

M/S AVANTIKA INFRAVENTURE (P) LTD.,,ALLAHABAD vs. DCIT, CENTRAL CIRCLE,, VARANASI

In the result, the appeals of the assessee for the Assessment Years

ITA 23/VNS/2020[2013-2014]Status: DisposedITAT Varanasi13 Oct 2022AY 2013-2014

Bench: Shri.Vijay Pal Rao & Shri Ramit Kochar

For Appellant: NoneFor Respondent: Sh. R.K. Vishwakarma, CIT DR
Section 153ASection 234ASection 36

143(3), the AO issued a show cause notice to the assessee as to why disallowance under section 36(i)(iii) of the Income Tax Act should not be done in respect of interest deduction claimed on borrowed fund as it was not utilized for the business of the assessee but was used for advancing interest free loan