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Mere disallowance does not automatically trigger Section 271(1)(c) penalty: ITAT Ahmedabad
Case Law Details
- Case Name
- Sureshkumar Prabhulal Thakkar Vs DCIT (ITAT Ahmedabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2016-17
- Courts
- All ITAT, ITAT Ahmedabad
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Sureshkumar Prabhulal Thakkar Vs DCIT (ITAT Ahmedabad)
AO Failed to Disprove Evidence- Penalty Not Automatic on Disallowance of Expense Claim- ITAT Ahmedabad Cancels 271(1)(c) Penalty –
The appeal was filed by Assessee against the order of CIT(A), NFAC, confirming penalty u/s 271(1)(c).
Assessee had filed return declaring income of Rs.34.40 lakh, including LTCG of Rs.35.59 lakh on sale of land. In assessment, AO disallowed Rs.7.96 lakh claimed towards cost of improvement & transfer expenses, holding that since Assessee was only 1/7th co-owner & no other co-owners claimed such expense...






