Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Kundan Industries Ltd. v. JCIT(TDS) (Mum)(Trib) (UR)

S. 271C : Penalty-Failure to deduct at source-Tax deducted at source-Deposited with interest-Survey-Reasonable cause-Levy of penalty is not justified.[S.133A]

Yes Bank Ltd. v Add. CIT (TDS) (2023)101 ITR 13 (SN) (Dehradun) (Trib)

S. 271C : Penalty-Failure to deduct at source-Interest payable to Uttarakhand Environment Protection and Pollution Control Board on FDs with the assessee-Board not a taxable entity, established under Central Act-Penalty not leviable. [S. 194A(3)(iii)(f), Notification No. S. O. 3489(E), Dated 22-10-1970.]

Gill Rice Mill Guru Sar Sahnewala v. Dy. CIT (2023) 105 ITR 717 (Amritsar)(Trib)

S.271B: Penalty-Failure to get accounts audited-Delay in filing audit report due to change of tax auditor-Reasonable cause for delay-Penalty cannot be levied

Jigneshbhai Rasikbhai Savalia v. ITO (2023) 200 ITD 271 / 224 TTJ 907 (SMC) (Surat) (Trib)

S. 271B : Penalty-Failure to get accounts audited-Audit report filed along with the return-Levy of penalty is not justified.

Sonia Verma v. ITO (2023) 200 ITD 1/103 ITR 282/ 223 TTJ 870 (SMC)(Chd) (Trib)

S. 271D : Penalty-Takes or accepts any loan or deposit-Sale of flat-assessee collecting sale proceeds and also purchasing for daughter’s wedding-Failure on part of assessee reasonable-Words, “reasonable cause” and “Reasonable” to be taken into consideration as per 273B-Held, a penalty not to be imposed. [S. 273B]

Dy. CIT v. Becon Constructions P. Ltd. (2023)104 ITR 74 (SN)(Delhi)(Trib)

S. 271(1)(c): Penalty-Concealment-Search-Search initiated on or after 1st June, 2007-Bogus purchases-Penalty in search cases cannot be levied u/s. 271(1)(c) for AY. 2012-13 .[S. 271AAA]

Dy. CIT v. Havells India Ltd. (2023) 103 ITR 16 (SN)(Delhi)(Trib)

S. 271(1)(c): Penalty —Concealment-CIT (A) observed that assessee was subjected to pay taxes u/s 115JB,even after taking into consideration additions made in assessment order-held, with reference to cbdt circular no. 25 of 2015, dated 31.12.2015 penalty was not leviable-Order upheld. [S.115JB]

Add. CIT v. AON Services India P. Ltd. (2023) 150 taxmann.com 344/ 103 ITR 21 (SN)(Delhi)(Trib)

S. 271(1)(c): Penalty-Concealment-Transfer pricing adjustment-Application of filters and selection of comparables are debatable issues-not ground for levy of penalty-suo-moto disallowance of provision for doubtful debts-tribunal directed the ao to withdraw disallowance after verification-as addition did not survive-cancellation of penalty justified-denial of deduction u/s 10a-proposed in draft assessment order but deleted by drp-deduction allowed in full in final assessment order-penalty does not survive.

Ashvin Narayan Bajoria (HUF) v ITO (2023) 103 ITR 25 (SN) (Surat) (Trib)

S. 271(1)(c):Penalty-Concealment-Assessee declared additional income in his ROI filed in response to S. 148 notice-the same was accepted by the AO without any variation-Held, Penalty was not leviable. [S. 147, 148]

Pushpa Jadhav v. ITO (Mum)(Trib.)

S. 271(1)(c): Penalty-Concealment-Once the return filed in response to section 148 of the Act is accepted, no penalty can be levied. Observation of the AO must be specific and penalty cannot be levied for non-filing of original return u/s 139(1) .[S.139(1), 148]