Click Here For Best Books On Taxation & Law. Upto 60% Off On Select Titles. Free Shipping & Pay On Delivery!
 

Click Here To Subscribe To Our Free Newsletter

This section is now closed. Click here for new judgements

Home › All Judgements › CIT vs. Rampur Engineering (Delhi High Court – Full Bench)

CIT vs. Rampur Engineering (Delhi High Court – Full Bench)

Posted on by editor
COURT:
CORAM:
SECTION(S):
GENRE:
CATCH WORDS:
COUNSEL:
DATE: (Date of pronouncement)
DATE: December 10, 2008 (Date of publication)
AY:
FILE:
CITATION:

penalty proceedings without recording satisfaction

(1) The judgement of the Division Bench in CIT v. Ram Commercial Enterprises Ltd. (2000) 246 ITR 568 (Delhi) holding that penalty under Section 271(1)(c) of the Act cannot be levied where the authority initiating the penalty proceedings had not recorded its satisfaction regarding concealment of income or furnishing of inaccurate particulars thereof by the assessee is approved.

(2) This position applies till the insertion of sub-section 1B to s. 271 by the Finance Act, 2008 w.r.e.f 1.4.1989 which creates a fiction by which satisfaction of the assessing officer is deemed to have been recorded in cases where an addition or disallowance is made by the assessing officer and a direction for initiation of penalty proceedings is issued.

Related Judgements

  1. Jamna Auto Industries vs. CIT (P & H High Court) (Full Bench) 

    While damages or penalty which are compensatory in nature are allowable as a deduction u/s 37(1) of the Act, damages which are penal in nature and in respect of infraction of law are not allowable as a business expenditure. Amounts … Jamna Auto Industries vs. CIT (P &…
  2. Peninsula Land vs. CIT (Bombay High Court) 

    An order passed by the AO to give consequential effect to an appeallate order of an earlier year is not an order passed under section 154 and consequently the time limit of section 154(7) does not apply. Read more ›
  3. New Delhi Auto vs. JCIT (Delhi High Court) 

    The consequences arising out of invoking Chapter XIV-B of the Act are drastic and draconian. The accounts of the assessee may be re-opened for ten years and not only a legal presumption is raised against the assessee but the burden shifts on the assessee to show that it did…
  4. CCE vs. Shruti Colorants (Bombay High Court) 

    As s. 35-G of the Central Excise Act (and s. 130 of the Customs Act) provides that an appeal to the High Court shall be filed within 180 days of the receipt of the order appealed against and there is no provision for condonation of delay the court has…
  5. DIT vs. KLM Royal Dutch Airlines (Delhi High Court) 

    Where the assessee was a company incorporated in the Netherlands and its main activity was operation of aircrafts in international traffic both for transport of passengers and cargo and its income was exempt under the Double Taxation Avoidance Agreement between India and the Netherlands and it recovered charges from…