Tag: limb of penalty
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 …
Penalty u/s 270A for claiming bogus deductions deleted by ITAT for failure to identify specific Clauses from (a)to (f) of section 270A(9) In a recent judgment, ITAT Pune has deleted penalty u/s 270A for claiming bogus deductions for failure to identify in show cause notice the specific clauses …
Penalty order u/s 270A for misreporting without specifying sub-section deleted by ITAT as cryptic and non-maintainable In a recent judgment, the ITAT Pune has deleted penalty u/s 270A for misreporting where AO had not specified sub-section of section of 270A of the Income Tax Act 1961. ABCAUS Case …
Not striking-off of limb of penalty u/s 271AAB – ITAT deleted penalty as assessee was not made aware of the specific charge on which the penalty proceedings will be initiated. In a recent judgment, the ITAT Chandigarh has deleted penalty u/s 271AAB for non striking off the limb …
Show cause notice for penalty u/s 270A not specifying limb i.e. mis-reporting or under-reporting was bad in law – High Court In a recent judgment, the Hon’ble Delhi High Court has held that show cause notice for penalty u/s 270A not specifying limb i.e. mis-reporting or under-reporting was …
Non-specific penalty notice u/s 271(1)(c) issued by assessing officer violates mandatory requirement of law and doctrine of prejudice cannot be invoked ABCAUS Case Law CitationABCAUS 3511 (2021) (06) ITAT Important case law relied referred:Mohd. Farhan A. ShaikhRajesh Kumar v. CIT State of Orissa v. Dr. Binapani Dei Dilip …
Surrender of income due to recovery of documents during survey can not be said to be voluntarily. ITAT upheld penalty u/s 271(1)(c) ABCAUS Case Law CitationABCAUS 3472 (2021) (03) ITAT Important case law relied referred:MAK Data (P) Ltd. v. CIT (2013) 358 ITR 593(SC)Samson Maritime Ltd. 88 taxmann.com …
Non striking of applicable limb of penalty clause u/s 271(1)(c) in notice-Supreme Court dismisses SLP of the Income Tax Department ABCAUS Case Law CitationABCAUS 3426 (2020) (11) Important case law relied upon by the parties:Commissioner of Income Tax v/s Shri Samson PerincheryPrincipal Commissioner of Income Tax v/s New …
No concealment when all information available for determining income given voluntarily by assessee either in return or at the time of assessment ABACUS Case Law CitationABCAUS 3380 (2020) (08) ITAT Important case law relied upon by the parties:CIT vs. Samson Perinchery 392 ITR 4 (Bom). Ventura Textiles Ltd., vs. …
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 …
