Author: ksalegal

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Vikram Singh v. UOI( 2018) 401 ITR 307 / 163 DTR 55 (Delhi)(HC)

S. 279 : Offences and prosecutions – Compounding of offences – Guidelines on compounding of offenses dated 23.12.2014 prescribing eligibility conditions and the formula for calculating the compounding fee are valid or unreasonable [ S. 276 ,277, 278 ]

Vikram Singh v. UOI (2018) 401 ITR 307 /163 DTR 55/ 301 CTR 439 / 253 Taxman 356 (Delhi) (HC)

S. 279 : Offences and prosecutions – Compounding Of Offences — Guidelines fixing compounding fees was held to be valid Application For Compounding twenty years after assessment order and after framing of criminal charges — Determination of compounding fees was held to be valid . Assessee was directed to pay cost of Rs 50000 /.

Indo Arya Central Transport Limited v. CIT( TDS) ( 2018) 404 ITR 667 /165 DTR 345/ 255 Taxman 50/ 304 CTR 236 ( Delhi)(HC) , www.itatonline.org. Editorial : SLP dismissed Indo Arya Central Transport Ltd .CIT (2022)443 ITR 239/ 211 DTR 441 / 325 CTR 553 / 285 Taman 2 (SC)

S. 279 : Offences and prosecutions – Sanction – Chief Commissioner – Late deposit of tax deducted at source – If sanctioning was held to be not as requirement of law summons issued by the Court can be challenged .[ S.276A, 276B 278AA, 278AB,278B, Code of Criminal Procedure Code , S 397, 401, 482 ]

Malti Mishra (Smt.) v. State Of Uttar Pradesh. (2018) 401 ITR 327 (All) (HC)

S. 276C : Offences and prosecutions – Wilful attempt to evade tax Order of penalty was set aside on ground there was no concealment of income — Prosecution was liable to be quashed. [ S. 271(1) (c ) ]

Salora International Ltd. v. CIT (2018) 402 ITR 211 / 163 DTR 341/ 303 CTR 616 (Delhi) (HC)

S. 275 : Penalty – Bar of limitation – Concealment-Time to Be reckoned from date of service of order of Commissioner (Appeals) on Assessee — Penalty proceedings was barred by limitation [ S. 271(1) (c )]

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 ]