S. 271(1)(c) : Penalty–Concealment-Notice–No specific charge and limb under which penalty proposed–Concealment of income or inaccurate particulars of income–Notice void ab intio. [S. 274]
S. 271(1)(c) : Penalty–Concealment-Notice–No specific charge and limb under which penalty proposed–Concealment of income or inaccurate particulars of income–Notice void ab intio. [S. 274]
S. 271(1)(c) : Penalty–Concealment–Loss of equipment-Forfeiture of security deposit–Revenue or capital expenditure-Debatable issue-Full disclosure during the assessment proceedings–Levy of penalty is held to be not valid.
S. 271(1)(c) : Penalty–Concealment-Mere claim–Furnishing inaccurate particulars of income–Levy of penalty is not justified – Delay of 229 days condoned due to health ground. [S. 10(13A), 254(1)]
S. 271(1)(c) : Penalty–Concealment–In the absence of evidence to suggest concealment of income or furnishing of inaccurate particulars, penalty cannot be levied.
S. 271(1)(c) : Penalty–Concealment-Where income was offered in the return and tax paid thereon, penalty could not be levied. [S. 153A, 271AAA]
S. 268A : Appeal–Monetary Limits for filing an appeal–Appeal dismissed for low tax effect–Penalty–limitation-The order passed by the AO is beyond the period of six months, thus barred by limitation. [S. 271(1)(c), 275(1)(a)]
S. 263 : Commissioner-Revision of Orders prejudicial to revenue-Agricultural land claimed to have been purchased by the assessee which is prohibited under Land Reforms Act of State of Rajasthan, not eligible for deduction under section 54B–AO did not consider the crucial basis before allowing deduction-Revision rightly invoked by PCIT. [S. 54B]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-limitation for revision should not be counted from the date of original assessment order-MAT credit of the amalgamating company can be claimed by amalgamated company-Revision is held to be valid.
S. 263 : Commissioner–Revision of orders prejudicial to revenue– Commissioner should make independent enquiries to reach a conclusion that the assessment order was erroneous and prejudicial to the interests of the revenue–In absence of independent enquiry, CIT(E) order set aside. [S. 11, 12, 28(iii), 143(3)]
S. 263 : Commissioner–Revision of orders prejudicial to the revenue–Commissioner required to decide the issue before determining the assessment order as erroneous and unsustainable in law–Order of Commissioner set aside. [S. 143(3)]