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. 271AAB : Penalty-Search initiated on or after 1st day of July 2012-Entries in the books of account–No penalty can be levied. [S. 2(12A)]
Dy. CIT v. Rajgaria Timbers P. Ltd. (2019) 74 ITR 36 (SN) (Kol.)(Trib.)
S. 271AAA : Penalty-Search initiated on or after 1st June, 2007–Common appeal filed–Wrong advice–Delay was condoned–Matter remanded. [S. 246A, 271(1)(c)].
Vijay Kumar Sood. v. DCIT (2019) 178 ITD 251 (Chd.)(Trib.)
S. 271(1)(c) : Penalty–Concealment–Explanation given by the assessee is not proved to be false-Levy of penalty is held to be not valid. [S. 69A, 271AAA]
Dy. CIT v. Kulwant Singh (2019) 180 DTR 177 / 199 TTJ 545 / 104 taxmann. com 340 (Chd.)(Trib.)
S. 271(1)(c) : Penalty-Concealment-Interest on fixed deposit receipts– Messing commission-Shown as exempt income–Levy of penalty is held to be not valid. [S. 148]
Dehradun Club Ltd. v. Dy.CIT (2019) 69 ITR 30 (SN) (Delhi)(Trib.)
S. 271(1)(c) : Penalty-Concealment-Surrender of income voluntarily– Penalty cannot be levied.
Dy. CIT v. Shehla Ahmad (Smt.) (2019) 74 ITR 523 (Luck.)(Trib.)
S. 271(1)(c) : Penalty–Concealment–Recording of satisfaction-In applicable portions are not struck off-Levy of penalty is held to be not valid.
PCIT v. Goa Coastal Resorts & Recreation Pvt. Ltd. (Bom.)(HC), www. itatonline.org
S. 271(1)(b) : Penalty-Failure to comply with notices-Alleged bank account not belong to assessee–No failure on part of assessee-No penalty can be levied. [S. 142(1)]
Charu Modi Bhartia v. DCIT (2019) 177 DTR 1/ 104 taxmann.com 390 (Delhi)(Trib.)
S. 271(1)(b) : Penalty-Failure to comply with notices–Penalty is upheld based on assessee’s conduct and failure to comply with statutory notices but deleted the penalty for five years in the interest of justice. [S.132, 142(1)]
Commitment Mortality Vision Education Society v. ACIT (2019) 74 ITR 62(SN) (Delhi)(Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue–Share capital – share premium-AO conducted detailed inquiry–Revision is held to be not valid. [S. 68, 133(6)]
Conton Textiles Mills Pvt. Ltd. v. PCIT (2019) 55 CCH 600 / 72 ITR 85 (Delhi) (Trib.)