Author: ksalegal

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Mahesh Kr. Agarwal @ Mahesh Agarwal v. Dy. CIT (2025) 483 ITR 57 (Pat)(HC)

S. 275 : Penalty-Bar of limitation-First appellate order was received in the financial year 2006-2007-The penalty should have been imposed within March 31, 2008 as per the proviso, especially when the order was one passed after June 1, 2003-The orders were passed on March 31, 2009 much after the limitation period-Not valid.[S.260A, 275(1)(a)]

Anamallais Bus Transports Pvt. Ltd v. PCIT [2024] 158 taxmann.com 245 / (2025) 483 ITR 659 (Mad)(HC)

S. 271E: Penalty-Repayment of loan or deposit-Book entries discharge of liabilities-Repayment of loan in cash-No evidence that loan was repaid in cash-Penalty not imposable. [S. 269SS, 269T]

PCIT v. Parivar Television Pvt. Ltd. (2025) 483 ITR 391/ 180 taxmann.com 109 ((Guj)(HC) Editorial : SLP dismissed, PCIT v. Parivar Television Pvt. Ltd ([2025] 481 ITR 14/2026) 308 Taxman 186 (SC)

S.271D: Penalty-Takes or accepts any loan or deposit-Acceptance of loan in cash in excess of specified limit-No satisfaction recorded-Order of Tribunal deleting the penalty is affirmed. [S.260A, 269SS]

Kawaljit Enterprises v. CIT (2025) 483 ITR 681 (Telengna)(HC)

S. 271(1)(c) : Penalty-Concealment-Difference between assessed income and returned income-Survey-Presumption not rebutted-Levy of penalty valid. [S. 133A, 260A]

PCIT v. Pinstorm Technologies Pvt. Ltd [2024] 158 taxmann.com 511 / (2025) 483 ITR 591 (Bom)(HC)

S. 271(1)(c): Penalty-Concealment-Mistake in return-No intention to conceal income or furnishing inaccurate particulars thereof-Order of Tribunal deleting the penalty affirmed. [S. 139]

CIT v. Punjab Heritage and Tourism Promotion Board (2025) 483 ITR 581 (P & H) (HC)

S. 271(1)(c) : Penalty-Concealment-Bona fide belief-Charitable trust-Registration-Deletion of penalty by the Tribunal is affirmed. [S. 12A, 260A]

Hotel Raj Laxmi v.PCIT (2025) 483 ITR 258 (Patna)(HC)

S. 264 :Commissioner-Revision of other orders –Rejection of application for rectification on ground that error sought to be rectified was not manifest-Commissioner had no power to revise order under section 264.[S. 143(1), 154]

PCIT v. Ramchandra Dahyabhai Narrow Fab Pvt. Ltd.(2025) 483 ITR 722 (Guj)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Alleged bogus purchases-Assessment had been passed after due enquiry-Revision of order not valid.[S. 143(3), 260A]

PCIT v. Corus Vitrified Pvt. Ltd (2025) 483 ITR 254 (Guj) (HC)

S. 263: Commissioner-Revision of orders prejudicial to revenue-Tribunal finding that Assessing Officer had made sufficient inquiry and order of assessment was not erroneous-Order of revision not valid.[S. 260A]

PCIT v. Sasken Technologies Ltd (2025) 483 ITR 49 (Karn)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Assessing Officer taking one of two possible views-Order of Assessing Officer not erroneous-Order cannot be revised. [S. 260A]