Tag: inaccurate particulars
There is no overlap between two phrases “concealment of particulars of his income” and “furnished inaccurate particulars of income” – High Court upheld ITAT in deleting penalty u/s 271(1)(c) for not specifying limb of applicable charge. In a recent judgment, Hon’ble Delhi High Court has held that where …
There is no willful default of furnishing inaccurate particulars of income if disallowance made u/s 40(a)(ia) In a recent judgment, ITAT Cuttack has held that where a disallowance is made by invoking the provisions of section 40(a)(ia) of the act for default for non-deduction of TDS, it cannot …
Law does not debar assessee from making a claim which he believes is plausible and knowing that it will be examined by AO ABACUS Case Law CitationABCAUS 3371 (2020) (08) HC Important case law relied upon by the parties:Alpati Venkataramiah v/s. CIT – 57 ITR 185 (SC)Union of …
Penalty u/s 271(1)(c) upheld despite notice without striking off the not applicable charge as in penalty order AO specified the applicable limb ABACUS Case Law CitationABCAUS 3359 (2020) (08) ITAT Important case law relied upon by the parties:Shweta Construction Company Pvt. Ltd. vs. ITO,B. D. Mundra & Sons, …
No Penalty u/s 271(1)(c) merely due to quantum addition without making fresh verification during penalty proceedings ABCAUS Case Law Citation:ABCAUS 3299 (2020) (04) ITAT Important case law relied upon by the parties:National Textiles Vs. CIT 249 ITR 125. The issue involved in this case was related to penalty …
No Penalty u/s 271(1)(c) on cancellation of automatic deduction u/s 24(a) on wrong classification of income under house property than other sources ABCAUS Case Law Citation:ABCAUS 3298 (2020) (04) ITAT Important case law relied upon by the parties:CIT vs. Reliance Petroproducts (P) Ltd. 322 ITR 158CIT vs. Sambhav …
Non striking of applicable limb of penalty u/s 271(1)(c) in notice. ITAT permits restoration of appeal if issue is decided by Supreme Court in favour of Revenue ABCAUS Case Law Citation:ABCAUS 3269 (2020) (02) ITAT In a recent judgment, Tribunal had dealt with a challenge to the validity …
Genuine expenses wrongly claimed as deduction not attract penalty u/s 271(1)(c) for furnishing the inaccurate particular of income ABCAUS Case Law Citation:ABCAUS 3217 (2019) (01) ITAT Important case law relied upon by the parties:CIT V/s Zoom Communications Limited 327ITR 510CIT Vs. Reliance Petro Products Ltd reported in 322 …
Application of correct limb of penalty u/s 271(1)(c) is a question of fact and not a question of law. ITAT dismissed issue raised before it for the first time ABCAUS Case Law Citation:ABCAUS 3114 (2019) (08) ITAT Important case law relied upon by the parties:Sundaram Finance 403 ITR …
Penalty u/s 271(1)(c) on proportionate disallowance of interest expenses towards interest free advances given by the assessee deleted ABCAUS Case Law Citation: ABCAUS 2941 (2019) (05) ITAT Important Case Laws Cited/relied upon by the parties CIT vs. Dalmia Dyechem Industries Ltd. The assessee had filed an appeal against …
