S. 276B: Offences and prosecutions-Failure to pay to the credit tax deducted at source-Assessee depositing tax deducted at source belatedly with penalty-Deputy Commissioner directed to consider assessee’s reply and afford opportunity of hearing [S. 276BB, Art. 226]
S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Failure to deposit tax deducted at source-tax and interest had been deposited before prosecution was launched-Prosecution not valid.[S. 278B, Art. 226]
S. 275 : Penalty-Bar of limitation-Notice for levy of penalty must be issued before expiry of limitation-Notice was barred by limitation. [S.274, 275(1)(c)]
S. 275 : Penalty-Bar of limitation-Concealment-Penalty should be levied within a reasonable time-Order levying penalty eleven years after passing of assessment order and fourteen years after return-Held to be not valid. [S. 271(1)(c), 275(1)(c)] was filed Not valid-Income-tax Act, 1961, s. 275(1)(c).
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)]
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]
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]
S. 271(1)(c) : Penalty-Concealment-Difference between assessed income and returned income-Survey-Presumption not rebutted-Levy of penalty valid. [S. 133A, 260A]
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]
S. 271(1)(c) : Penalty-Concealment-Bona fide belief-Charitable trust-Registration-Deletion of penalty by the Tribunal is affirmed. [S. 12A, 260A]