Month: April 2018

Archive for April, 2018


DCIT v. Amit Agarwal. (2018) 168 ITD 370 (Kol) (Trib.)

S. 271AAB:Peanlty -Failure to maintain books of account -Undisclosed income – Levy of penalty is automatic in nature [ S.44AA]

ITO v. Trishul Enterprises (2018) 61 ITR 386 (Mum) (Trib)

S. 271AAA : Penalty – Search initiated on or after 1st June, 2007 –Where search initiated on or after 1st June , 2007 , simultaneous penalty u/s 271(1)(c ) cannot be levied [ S. 271(1)( c) ]

PCIT v. Swapna Enterprise (2018) 401 ITR 488/ 253 Taxman 531 /166 DTR 51 / 302 CTR 504(Guj) (HC)

S. 271AAA : Penalty – Search initiated on or after 1st June, 2007 –
Payment of tax with interest before assessment was made-Deletion of penalty was held to be justified [ S. 132(4)]

Jeetmal Choraria v. ACIT ( 2018) 91 taxmann.com 311 (kol)(Trib) www.itatonline.org

S. 271(1)(c) : Penalty – Concealment -When show cause notice does not strike out the inappropriate words, levy of penalty was held to be not justified . [ S. 274 ]

Indrani Sunil Pillai v. ACIT ( Mum)(Trib) www.itatonline.org

S. 271(1)(c) : Penalty – Concealment -Satisfaction was not recorded in absolute term – levy of penalty was held to be not justified . [ S. 274 ]

Pheonix Lamps Ltd. (2018) 61 ITR 769 (Delhi) (Trib)

S.271(1)( c ): Penalty — Concealment- Allocation of common expenses – Not a case of filing of inaccurate particulars or concealment of income- Penalty cannot be imposed .

Pankaj Kumar Gupta v. ITO ( Lucknow)(Trib) www.itatonline.org

S. 271(1)(c) : Penalty – Concealment – Capital gains- Disclosed in the return filed pursuance of reassessment notice – Levy of penalty was held to be not justified [ S. 45, 148 ]

Prafful industries (P) Ltd. V. DCIT (Delhi)(Trib) , www.itatonline.org

S. 271(1)(c): Penalty –Concealment – Wrong claim of depreciation by crediting capital subsidy to reserves instead of reducing from actual cost/ WDV does not attract the penalty

CIT v. Manzoor Ahmad Walvir. (2018) 400 ITR 89 (J & K) (HC)

S. 271(1)(c) : Penalty – Concealment – Claim of deduction – Payable -Difference of opinion amongst High Court – Deletion of penalty was held to be justified . [ S. 40(a)(ia) ]

CIT v. Manzoor Ahmad Walvir. (2018) 400 ITR 89 (J & K) (HC)

S. 271(1)(c) : Penalty – Concealment – Claim of deduction – Payable -Difference of opinion amongst High Court – Deletion of penalty was held to be justified . [ S. 40(a)(ia) ]