Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


LRS Management v. Dy. CIT (IT) (2023) 200 ITD 19(Rajkot)(Trib)

S. 271(1)(c) : Penalty-Concealment-Quantum addition stood deleted by Tribunal there remained no basis for levy of penalty under section 271(1)(c)

Thomas Muthoot v. ACIT (2023)104 ITR 557 / 225 TTJ 33 (UO) (Cochin) (Trib)

271(1)(c): Penalty-Concealment-AO did not struck off irrelevant portion-Show cause notice not specifying limb of Section 271(1)(c) is defective-Penalty proceeding is quashed.[S. 274]

Sawailal Bhatti v. ITO (2023) 104 ITR 92 (Mum) (Trib)

S. 271(1)(c): Penalty-Concealment-Bogus purchases-Information from Sales Tax Department regarding bogus purchases made by assessee-Ad-hoc addition-Estimate basis-Penalty is deleted.[S.69C]

ACIT (IT) v. Godaddy.com LLC USA (2023) 201 ITD 525/(2024) 110 ITR 724 (Delhi) (Trib)

S. 271(1)(c) : Penalty-Concealment-Domain name-Appeal pending before High Court-Debatable-Penalty is set aside-DTAA-India-USA [S. 9(1)(vi),r.w.s. 115A, Art. 12] penalty set aside.

Babita Devi Kajoria v. ITO (2023)101 ITR 17 (SN)(Kol) (Trib)

S. 271(1)(c): Penalty-Concealment-Additions during reassessment-Reasons recorded for reopening assessment and additions made on different grounds. A.O. failed to prove that assessee concealed income or furnished inaccurate particulars of income-Additions deleted-Penalty deleted.

Atul Ltd. v. Dy. CIT (2023)101 ITR 11 (SN)(Ahd) (Trib)

S. 271(1)(c) : Penalty-Concealment-Capital gains-Denial of special deduction claimed against income from long term capital gain-No business income shown-High court decision in favour-Tribunal Denying Deductions On Basis Of Later Supreme Court Ruling-Deduction admissible-Not a case of furnishing inaccurate particular-Penalty not leviable. [S.45 8oG 80HHC 112(2)]

Ramachandran Bandhuvula v. ITO (2023) 103 ITR 81 (SN)(Hyd) (Trib)

S. 271D : Penalty-Takes or accepts any loan or deposit-Long term capital gains-Received cash on sale of immovable property in AY 2016-17-Deposited cash during demonetisation period-Levied penalty for contravention of S. 269SS-Deleted penalty as S. 269SS was violated in AY 2016-17 and not in AY. 2017-18.[S. 45, 269SS]

S. Manoharan v .Dy. CIT (2023)103 ITR 243 (Chennai)(Trib)

S. 270A : Penalty for under-reporting and misreporting of income-Concealment of income subject to conditions-search and seizure-held, AO cannot make an assumption that the assessee would not disclose income if the due date to file return has not expired based on previous record. [S. 132]

vJaibalaji Business Corporation (P) Ltd. v. ACIT (Pune) 200 ITD 58 (Pune)(Trib)

S. 270A : Penalty for under-reporting and misreporting of income-Addition made is estimate made by DVO-The levy of penalty is not valid .[S.43CA]

Alrameez Construction (P.) Ltd v. NFAC [2023] 202 ITD 379 (Mum) Trib.)

S. 270A : Penalty for under-reporting and misreporting of income-Deemed provisions-Cannot fall in the category of underreporting of income. Also pertinent for the Assessing officer alleging underreporting/misreporting of Income is to specify the limb under which penalty proceedings have been initiated. [S.43CA, 562(2)(x)]