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6 results for “penalty u/s 271”+ Section 250(4)clear

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Key Topics

Section 271(1)(c)12Section 1485Addition to Income5Penalty5Section 1443Section 142(1)3Section 143(3)3Section 80G3Section 143(2)

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)

section 271(1)(c) of Income Tax Act, 1961 without affording proper opportunity of being heard to the appellant. 4. Because on the facts and circumstances of the case and in law the learned Commissioner of Income Tax (Appeals), NFAC erred in upholding levying penalty of Rs. 2,13,250/- u/s

2
Section 145(3)2

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

250 of the Act. There was no compliance on part of the appellant till date. The details of opportunities provided to the appellant in the case are tabulated as under:- Date of notice Remarks. Date of hearing fixed 06/11/2017 23/11/2017 Adjournment filed 28/11/2017 None attended 18/01/2018 29/01/2018 None attended 19/02/2018 08/03/2018 None attended 11/06/2018 27/06/2018 None attended 3 Assessment Year

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

4. The only grievance of the assessee is regarding non- exclusion of the amount of contra entries in the Bank account of the assessee from the turnover considered by the Assessing Officer while estimating the income by applying the net profit rate @ 8%, which was also accepted by the assessee. The assessee is an individual and deriving income from

ACIT, CIRCLE - 1,, GORAKHPUR vs. ASHUTOSH KUMAR DUBEY,, VARANASI

In the result, the appeal of the Revenue is dismissed

ITA 118/VNS/2019[2015-2016]Status: DisposedITAT Varanasi07 Jun 2022AY 2015-2016

Bench: Hon’Ble Sh.Vijay Pal Rao & Hon’Ble Sh. Ramit Kocharassessment Year: 2015-16 Asstt Commissioner Of Income Tax, V. Sri. Ashutosh Kumar Dubey, Circle-1, Gorakhpur, Aaykar A.S.H. Bhawan, Bhagwanpur, Bhawan, Civil Lines, Gorakhpur Gorakhpur, U.P. Pan-Agtpd9273B (Revenue) (Respondent) Revenue By: A.K. Singh, Sr. D.R. Respondent By: None Date Of Hearing: 23.05.2022 Date Of Pronouncement: 07.06.2022

For Respondent: A.K. Singh, Sr. D.R
Section 142(1)Section 250(4)Section 271(1)(c)

section 250(4) of the I.T. Act, 1961. 4. The appellant craves right to add alter or amend any ground which may be taken at the time of hearing.” 2. None has appeared on behalf of the respondent assessee despite the notice of hearing was issued through RPAD as well Email at the Email ID given in Form

BYAS PRASAD VERMA,KUSHINAGAR vs. INCOME TAX OFFICER, WARD - 2(4), KUSHINAGAR

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

ITA 2/VNS/2024[2012-2013]Status: DisposedITAT Varanasi10 Oct 2025AY 2012-2013

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2012-13 Byas Prasad Verma V. The Income Tax Officer Vill. Dhaurahara Ward 2(4) Nadwa Bishunpur Kushinagar Fazilnagar, Kushinagar (U.P) Tan/Pan:Amupv6031E (Appellant) (Respondent) Appellant By: None Respondent By: Smt Amandeep Kaur, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 26.07.2023, Passed By The National Faceless Appeal Centre (Nfac), Delhi For Assessment Year 2012-13. 2.0 The Brief Facts Of The Case Are That The Assessee Had Not Filed His Return Of Income For The Year Under Consideration. The Income Tax Department Was In Possession Of Information That The Assessee Had Made Cash Deposits To The Tune Of Rs.16,45,000/- In His Saving Bank Account. In Order To Examine These Facts, The Assessing Officer (Ao) Reopened The Case Of The Assessee Under Section 147 Of The Income Tax Act, 1961 (Hereinafter Called “The Act’) After Issuing Notice Under Section 148 Of The Act. Thereafter, The Ao Issued Statutory Notices To The Assessee, Requiring The Assessee To Furnish The Source Of Cash

For Appellant: NoneFor Respondent: Smt Amandeep Kaur, D.R
Section 144Section 147Section 148Section 250Section 250(6)Section 251(1)(a)Section 251(2)Section 69A

penalty proceedings under sections 271(1)(c) and 271(1)(b)of the Act, separately. 2.2 Aggrieved, the assessee preferred an appeal before the NFAC, which dismissed the appeal of the assessee ex-parte qua the assessee. 2.3 Now, the assessee has approached this Tribunal challenging the orders of the AO as well as the NFAC by raising the following

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)

Penalty proceeding u/s 271(1) (c) is initiated separately for furnishing inaccurate particulars of income.” 7. The assessee challenged the action of the AO before the CIT(A) and contended that the AO has assessed the interest on FDR as income from other sources instead of part of net profit. It was contended that the assessee is a civil contractor