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Income Tax - If the assessee fails to get his accounts audited or furnish a report of such audit u/s 44AB, > a flat penalty u/s 271 B shall be attracted: 1/2% of total Sales, turnover or gross receipts in business / profession Or Sum of Rs. 150,000 (w.e.f.1-4-2011) (prior to that max. penalty was Rs. 1 Lac) […]...
Read MoreIncome Tax - Arjuna, while playing on the Football Ground if, a player pushes other players or creates any obstruction then the referee whistles and show a Yellow Card. Yellow Card represents a mild penalty. If you look at Income Tax, the taxpayers are intimated by a prior notice and thereafter a penalty is levied...
Read MoreIncome Tax - Where a person required to furnish a return of income under Section 139, fails to do so within the time prescribed in sub-section (1) of said section, he shall pay, by way of fee, a sum of- (a) Five thousand rupees, if the return is furnished on or before the 31st day of December of the assessment year; (b) Ten thousand rupees, in any oth...
Read MoreIncome Tax - It is proposed to insert a new section 271J so as to provide that if an accountant or a merchant banker or a registered valuer, furnishes incorrect information in a report or certificate under any provisions of the Act or the rules made thereunder, the Assessing Officer or the Commissioner (Appeals) may direct him to pay a sum of ten thou...
Read MoreIncome Tax - The Bombay High Court has in its order dated 12th June, 2020 in the case of Ventura Textiles Ltd (ITA No.958/2017) has given a fresh perspective to the controversy of validity of penalty notice under section 271(1)(c). In the past the courts have held that if the show cause notice proposing penalty under section 271(1)(c) do not clearly s...
Read MoreIncome Tax - The Finance Bill, 2017 proposes to levy fees of Rs.5,000 in case where return is furnished after the due date but on or before 31St December of the relevant assessment year and Rs.10,000, in other cases. However, it is also proposed to restrict the fees to Rs.1,000, where the total income does not exceed five lakh rupees....
Read MoreIncome Tax - Recommendations For Prescribing Time Limit Of One Year For Disposal Of Petitions For Waiver Of Penalty And Interest Under Sections 273A, 273AA and 220(2A) Whereas, a time limit of 1 year for disposal of a tax payer’s Revision Petition u/s. 264 has been prescribed, there is no such time limit for disposal of Petitions for […]...
Read MoreIncome Tax - THE Central Vigilance Commission disposed of 1266 cases during April 2010 referred to it for advice. The Commission advised imposition of major penalty against 99 officers including 15 from Central Board of Excise & Customs, 13 from State Bank of Bikaner & Jaipur, 11 from Coal India Ltd., 8 from M/o Railways, 7 each from UCO Bank and Bank...
Read MoreIncome Tax - In the case of M/s Galaxy Indo Fab. Limited Vs. Union of India and others since the appeal could not be decided within a period of 180 days, the M/s Galaxy Indo Fab. Limited (petitioner) moved a miscellaneous application for extension of the stay order. The Tribunal vide order dated 14.8.2008 extended the stay order, already granted, til...
Read MoreIncome Tax - THE CVC had disposed off 468 cases during December 2009 referred to it for advice. The Commission advised initiations of major penalty proceedings against 70 officers. Of these, 20 were from public sector banks, 17 from M/o Railways, 11 from Northern Coalfields Ltd., 4 from Western Coalfields Ltd., 3 from MCD, 2 each from Ministry of Home...
Read MoreBapujibuwa Nagari Sahakari Pat Sanstha Maryadit VS JCIT (ITAT Pune) - Bapujibuwa Nagari Sahakari Pat Sanstha Maryadit VS JCIT (ITAT Pune) The expression ‘reasonable cause’ has to be considered pragmatically and if the facts of the present case are examined keeping this legislative spirit in mind, we find that there were enough circumstances to show that th...
Read MoreDistrict Mining Officer Vs JCIT (TDS) (ITAT Allahabad) - District Mining Officer Vs JCIT (TDS) (ITAT Allahabad) It is noted that the Assessing Officer has initiated the penalty proceedings u/s 272A(2)(k) of the Income Tax Act for the alleged default of delivering the statement of TDS in Form 26Q within the time specified in section 200(3) read with provis...
Read MoreSudha Agro Oil & Chemical Industries Limited Vs Add. CIT (ITAT Visakhapatnam) - Penalty under section 271E for violation of provision of section 269T could not be levied as assessee-company repaid loans advances otherwise than by crossed cheque, however, it substantiated with relevant documents that all the payments made by it were genuine and all the creditors accounted the lo...
Read MoreCanara Bank (Erstwhile Syndicate Bank) Vs ACIT (ITAT Bangalore) - The issue under consideration is whether the penalty u/s 271C levied due to failure to deduct tax at source (TDS) on LTA paid to employee is justified in law?...
Read MoreDCIT Vs. ICICI Bank Ltd. (ITAT Mumbai) - DCIT Vs. ICICI Bank Ltd. (ITAT Mumbai) The issue under consideration is whether the CIT(A) is correct in deleting the penalty levied u/s 271(1)(c) on the disallowance of expenses made u/s.35D? ITAT states that, the assessee claimed deduction of preliminary expenses u/s 35D which was rejected by Ld.A...
Read MoreCircular No. 10/2016-Income Tax - (26/04/2016) - It is a settled position that period of limitation of penalty proceedings under section 271D and 271E of the Act is governed by the provisions of section 275(1)(c) of the Act. Therefore, the limitation period for the imposition of penalty under these provisions would be the expiry of the financial y...
Read MoreCircular No. 09/DV/2016 (Departmental View) - (26/04/2016) - It has been brought to notice of CBDT that there are conflicting interpretations of various High Courts on the issue whether the limitation for imposition of penalty under sections 271D and 271E of the Income tax Act, 1961commences at the level of the Assessing Officer (below the rank of Joint Commi...
Read MoreBapujibuwa Nagari Sahakari Pat Sanstha Maryadit VS JCIT (ITAT Pune) -
District Mining Officer Vs JCIT (TDS) (ITAT Allahabad) -
Sudha Agro Oil & Chemical Industries Limited Vs Add. CIT (ITAT Visakhapatnam) -
Canara Bank (Erstwhile Syndicate Bank) Vs ACIT (ITAT Bangalore) -
DCIT Vs. ICICI Bank Ltd. (ITAT Mumbai) -
Balaji Telefilms Limited Vs. DCIT (ITAT Mumbai) -
Gangotri Textiles Ltd. Vs. DCIT (Madras High Court) -
Shree Balaji Construction Vs DCIT (ITAT Indore) -
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