This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 271(1)(c) : Penalty-Concealment-Writ against penalty order is not maintainable when the quantum addition is in challenge before Appellate Authorities. [S. 144, 271(1))(b), Art. 226]

Vikas Bhatnagar v. ITO (2020) 120 taxmann.com 461 (AP)(HC) Editorial : SLP of assessee is dismissed, Vikas Bhatnagar v. ITO (2020) 275 Taxman 594(SC)

S. 271(1)(c) : Penalty-Concealment-Not declared capital gain arising from sale of leasehold rights-Deletion of penalty is held to be justified. [S. 45, 54EC]

PCIT v. Ashok Kumar Maneklal Parikh (2020) 120 taxmann.com 268 (Bom.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Ashok Kumar Maneklal Parikh (2020) 274 Taxman 457 (SC)

S. 271(1)(c) : Penalty-Concealment-Disallowance of claim-Appeal pending before High Court-Reasonable explanation-Deletion of penalty is held to be justified. [S. 36 (1)(iii)]

PCIT v. National Diary Development Board (2020) 114 taxmann.com 553 (Guj.)(HC) Editorial: SLP of revenue is dismissed PCIT v. National Diary Development Board (2020) 270 Taxman 6 (SC)

S. 271(1)(c) : Penalty-Concealment-Capital gain not shown in original return-Revised return prior to issue of notice u/s. 153C of the Act-Deletion of penalty is held to be justified. [S.45, 133A, 153C]

PCIT v. Prabhjot Kaur Chhabra (Smt.) (2020) 113 taxmann.com 140 (MP) (HC) Editorial : SLP of revenue is dismissed, PCIT v. Prabhjot Kaur Chhabra (Smt.) (2020) 269 Taxman 34 (SC)

S. 271(1)(c) : Penalty-Concealment-Depreciation withdrawn during subsequent search proceedings-Levy of penalty is held to be not justified. [S. 32, 132(4), 153A]

PCIT v. Financial Technologies Ltd. (2019) 112 taxmann.com 398 (Bom.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Financial Technologies Ltd (2020) 269 Taxman 32 (SC)

S. 271(1)(c) : Penalty-Concealment-Unless while issuing notice under section 271, read with section 274, no details of any charge were provided penalty cannot be levied [S. 274]

PCIT v. Basanti Properties (P.) Ltd. (2020) 114 taxmann.com 540 (Cal.)(HC) Editorial : SLP of revenue is dismissed due to low tax effect, PCIT v. Basanti Properties (P.) Ltd. (2020) 269 Taxman 573 (SC)

S. 271(1)(c) : Penalty-Concealment-Sale of land-Levy of penalty was held to be not justified.

PCIT v. Synbiotics Ltd (2019) 112 taxmann.com 399 (Guj.)(HC) Editorial: SLP of revenue is dismissed, PCIT v. Synbiotics Ltd (2020) 269 Taxman 50(SC)

S. 271(1)(c) : Penalty-Concealment-Mercantile method of accounting-Recovery of loan was doubtful-Interest has shown as income-Deletion of penalty is held to be justified. [S. 145]

CIT v. Hiralal Amritlal Parekh & Co. (2020) 117 taxmann.com 125 (Guj.)(HC) Editorial : Revenue was granted two weeks time to refile SLP and, in case of revenue’s failure to do so, SLP would be treated as dismissed for non-prosecution CIT v. Hiralal Amritlal Parekh & Co. (2020) 272 Taxman 96 (SC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Tax credit-High Court affirmed the order of Tribunal by following the rule of consistency-DTAA-India-Oman. [S.90(a)(ii), Art. 25 (4)]

PCIT v. Indian Farmers Fertilizers Cooperative Ltd. (2020) 113 taxmann.com 598 (Delhi) (HC) Editorial: SLP is granted to the revenue PCIT v. Indian Farmers Fertilizers Cooperative Ltd. (2020) 270 Taxman 187 (SC)

S. 260A : Appeal-High Court-Delay of 1744 days-Manager not keeping well-Duty of assessee to watch affairs-Delay was not condoned.

Mani Mandir Sewa Nyas Samiti Ramghat Ayodhaya v. CIT (2020) 119 taxmann.com 382 (All.)(HC) Editorial : SLP of assessee is dismissed, Mani Mandir Sewa Nyas Samiti Ramghat Ayodhaya v. CIT (2020) 274 Taxman 277 (SC)