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 – Claim of deduction – Payable -Difference of opinion amongst High Court – Deletion of penalty was held to be justified . [ S. 40(a)(ia) ]

CIT v. Manzoor Ahmad Walvir. (2018) 400 ITR 89 (J & K) (HC)

S. 271(1)(c) : Penalty – Concealment – Unaccounted sales and un explained cash credits –Quantum addition was up held by High Court -Levy of penalty was held to be justified . [ Explanation 1 ]

CIT v. N. Jayaprakash. (2018) 400 ITR 99 / 163 DTR 350/ ( 2019) 307 CTR 627 (Ker) (HC)

S. 271(1)(c) : Penalty – Concealment -Capital gains- Cancellation of agreement – Amount receivable in respect of land was not transferred, hence penalty cannot be levied . [ S.2(47) (v), 45 ]

PCIT v. Sewa Singh Sekhwan. (2018) 400 ITR 347 (P&H) (HC)

S. 271(1)(c): Penalty –Concealment -Voluntary surrender of income after survey by filing a revised income does not save the assessee from levy of penalty for concealment of income in the original return if there is no explanation as to the nature of income or its source. Deletion of penalty was held to be not justified [ S. 133A ]

PCIT v. Dr. Vandana Gupta ( 2018) 163 DTR 361/ 301 CTR 460 (Delhi)(HC)

S. 271(1)( c ): Penalty — concealment-Notice need not specifically mention Explanation- Addition as unexplained investment- Levy of penalty was held to be justified [ S.159(6) ]

CIT v. Vasantha Anirudhan.( Smt.) (2018) 401 ITR 279 /163 DTR 279/ 302 CTR 257 (Ker) (HC)

S. 271(1)(c) : Penalty – Concealment –Inaccurate particulars – Penalty is a civil liability – Concealment need not be wilful- Non disclosure of entire receipt from transaction was held to be liable to penalty .

Shanti Ramanand Sagar And Others v. CIT (2018) 402 ITR 245/ 161 DTR 129/ 300 CTR 132 (Bom) HC)

S. 271(1)(c) : Penalty – Concealment –Assessment was determined as book profit under legal fiction , hence concealment penalty cannot be imposed [ S. 115JB ]

CIT v. International Institute Of Neuro Sciences And Oncology Ltd. (2018) 402 ITR 188 (P&H)( HC)

S. 271(1)(c): Penalty – Concealment -Admission of appeal by High Court -There can be no universal rule to the effect that no penalty can be levied if quantum appeal is admitted on a substantial question of law [ S.260A ]

PCIT v. Shree Gopal Housing & Plantation Corporation( 2018) 167 DTR 236 / 303 CTR 428 (Bom)(HC), www.itatonline.org

S. 269SS : Acceptance of loans and deposits – Otherwise than by account payee cheque or account payee bank draft -Depositors were agriculturists and transactions were genuine – Penalty cannot be imposed [S.271D ]

PCIT v. Tehal Singh Khara and Sons ( 2018) 400 ITR 243 ( P&H ) (HC)

S. 268A : Appeal– Monetary limits – Circular is not applicable where decision on principle is involved.[ S. 119 ]

CIT v. Vasantha Anirudhan.( Smt.) (2018) 401 ITR 279 /163 DTR 279 / 302 CTR 257(Ker) (HC)