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 -Cash deposits in account-partly explained as agricultural income-claim rejected by Commissioner Appeals-Held, penalty deleted as there was sufficient evidence on record to believe the assessee’s explanation. [S. 69]

Ramandeep Singh Sidhu v. ITO (2023) 153 taxmann.com 612/ 103 ITR 1 (Amritsar)(Trib)

S. 271(1)(c) : Penalty-Concealment-Not specifying the charge-Assessing Officer issuing notice without specifying particular limb under which penalty proceedings initiated-Non-application of mind by Assessing Officer-Penalty cannot be levied.[S. 274]

K. World Developers P. Ltd. v. Asst. CIT (2023)103 ITR 552 (Delhi)(Trib)

S. 271(1)(c) : Penalty-Concealment-Concealment of income or furnishing of inaccurate particulars of income-Assessee voluntarily depositing tax with computation of income before issue of notice.[S.133(6)]

Pooja Upadhyay v. ITO (2023)105 ITR 549 (Jaipur) (Trib)

S.271(1)(c): Penalty —Concealment-Non application of mind by the AO-Not specified penalty levied under which limb-Concealment of income or furnishing inaccurate particulars thereof-Penalty not sustainable.

Suresh Henry Thomas v. ITO (2023) 103 ITR 79 (SN)(Mum) (Trib)

S. 271(1)(c):Penalty-Concealment -Furnishing inaccurate particulars of income-Claimed exemption on bogus long-term capital gain in original return-Taxed as income from other sources in return filed in response to Sec. 148-Penalty cannot be levied as no addition to income of the assessee-Explained source, mode and manner of earning of income.[S. 10(38), 45 ,148]

Sumit Chatterjee v. ITO (2023) 103 ITR 48 (SN)(Ahd)(Trib)

S. 271(1)(c) : Penalty-Concealment-AO should have asked assessee to show cause in assessment proceedings, no enquiry or evidence that there was concealment of income-Further factual analysis of claim of loss not made, notice not specifying under which limb of section notice issued, Penalty not sustainable.

Unitech Realty P. Ltd. v Dy. CIT (2023)105 ITR 77 (SN)(Delhi)(Trib)

S. 271(1)(c) : Penalty-Concealment-Reassessment-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]

Pushpa Jadhav v. ITO (Mum)(Trib)

S. 271(1)(c): Penalty-Concealment—If directions of Tribunal given effect by Assessing Officer basis Transfer Pricing Adjustments would not survive-Levy of penalty is not valid. [S. 92C, 92CA (3), 271C]

Trip Advisor Travel India Pvt. Ltd. v. A CIT (2023)101 ITR 28 (SN)(Delhi) (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)

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

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