Tag: penalty notice u/s 274

Penalty u/s 270A on account under reporting of income deleted as assessee relied upon Supreme Court judgments to claim income exempt In a recent judgment, ITAT Delhi has deleted penalty u/s 270A on account under reporting of income as assessee relied upon judgment of Hon’ble Supreme Court to …

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 …

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 …

ITAT deletes Penalty u/s 270A due to defective notice issued u/s 274 for not specification of penalty In a recent judgment, the Bombay ITAT has deleted Penalty u/s 270A due to defective notice u/s 274 for not determination of penalty and for not mentioning in penalty order why …

Penalty u/s 271(1)(c) confirmed despite non specifying charge in the notice as assessee not raised it before CIT(A) and changed stand before ITAT ABCAUS Case Law Citation: ABCAUS 3050 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties: CIT v. Zoom Communication (P) Ltd. Sundaram Finance …

Penalty U/s 271(1)(c)-Unspecified charge in notice can be made good with a clear-cut finding in penalty order – ITAT explains Law on non-striking off clauses in Notice u/s 274 ABCAUS Case Law Citation:ABCAUS 2678 (2018) (12) ITAT Important Case Laws Cited/relied upon:CIT vs. SSA’S Emerald Meadows (2016) 242 …

Not striking off penalty notice SC dismisses assessee’s SLP against High Court order holding that it had caused no prejudice to the assessee ABCAUS Case Law Citation: ABCAUS 2597 (2018) (10) SC Important Case Laws Cited/relied upon: Commissioner of Income Tax Vs. Jindal Equipments Leasing and Consultancy Services …

Demand notice quashed as due to absence of AO it did not precede any hearing as contemplated under Section 274 of the Act ABCAUS Case Law Citation: ABCAUS 2483 (2018) 08 HC The instant petition was filed by assessee against the impugned demand notice issued by the Assessing …

Non issuance of statutory notice u/s 274(1) vitiated levy of penalty u/s 271(1)(b). Mere proposal to initiate penalty proceedings not amount to recording the satisfaction-ITAT ABCAUS Case Law Citation: ABCAUS 2446 (2018) 08 ITAT The instant judgment was delivered in a bunch of appeals filed by several assessee …

Penalty notice without specific charges when assessee had no confusion as to if it was for concealment or inaccurate particulars as appeared from his reply. Penalty Upheld by ITAT ABCAUS Case Law Citation: ABCAUS 1207 (2017) (04) ITAT The Grievance: The assessee was aggrieved by order passed by the …