Author: ksalegal

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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) ]

CIT v. N. Jayaprakash. (2018) 400 ITR 99 / 163 DTR 350/ ( 2019) 307 CTR 627 (Ker) (HC)

S. 271(1)(c) : Penalty – Concealment – Unaccounted sales and un explained cash credits –Quantum addition was up held by High Court -Levy of penalty was held to be justified . [ Explanation 1 ]

PCIT v. Sewa Singh Sekhwan. (2018) 400 ITR 347 (P&H) (HC)

S. 271(1)(c) : Penalty – Concealment -Capital gains- Cancellation of agreement – Amount receivable in respect of land was not transferred, hence penalty cannot be levied . [ S.2(47) (v), 45 ]

PCIT v. Dr. Vandana Gupta ( 2018) 163 DTR 361/ 301 CTR 460 (Delhi)(HC)

S. 271(1)(c): Penalty –Concealment -Voluntary surrender of income after survey by filing a revised income does not save the assessee from levy of penalty for concealment of income in the original return if there is no explanation as to the nature of income or its source. Deletion of penalty was held to be not justified [ S. 133A ]

CIT v. Vasantha Anirudhan.( Smt.) (2018) 401 ITR 279 /163 DTR 279/ 302 CTR 257 (Ker) (HC)

S. 271(1)( c ): Penalty — concealment-Notice need not specifically mention Explanation- Addition as unexplained investment- Levy of penalty was held to be justified [ S.159(6) ]