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Income Tax Penalty

Latest Articles


Seizure-Induced Audit Delays: A Defense Against Section 271B Penalties

Income Tax : Explore how seizure of documents can impact audit deadlines under Section 44AB and defenses against Section 271B penalties for aud...

August 13, 2024 273 Views 0 comment Print

Section 270A: Penalty for under-reporting and misreporting of income

Finance : Learn about Section 270A introduced in Finance Act 2016, effective from April 1, 2017, outlining penalties for under-reporting and...

August 12, 2024 429 Views 0 comment Print

No Penalty on Income Estimation as Underreporting or Concealment: Analysis

Income Tax : Explore why penalties should not be imposed on estimated income, supported by legal rulings and principles ensuring fair tax admin...

August 10, 2024 492 Views 0 comment Print

Penalty for Concealment of Income, Section 270A of Income Tax Act

Income Tax : Discover the implications of Income Tax Act Section 270A and penalties for under-reporting or misreporting income. Learn calculati...

June 19, 2024 4554 Views 0 comment Print

Draft Submission- No Section 271(1)(c) penalty when no specific limb been mentioned

Income Tax : Grounds of Appeal related to the penalty imposed u/s 271(1)(c) of the Act , 1961 AY 2015-16 1. In the facts and circumstances of t...

April 23, 2024 3471 Views 0 comment Print


Latest News


Budget 2024: Revised Penalty Timeline for TDS/TCS Statements

Income Tax : Budget 2024 reduces penalty relief period for TDS/TCS statement filing from one year to one month. Changes effective April 2025....

July 26, 2024 1653 Views 0 comment Print

Budget 2024 amends penalty for Undisclosed Foreign Income & Assets in ITR

Income Tax : New amendments to the Black Money Act from October 2024 raise the exemption threshold for penalties on foreign assets to ₹20 lak...

July 25, 2024 651 Views 0 comment Print

Budget 2024: Changes to Income Tax Penalty Limitation Period Provisions

Income Tax : Discover the proposed changes to Section 275 of the Income-tax Act, eliminating ambiguity in penalty imposition timelines. Effecti...

July 23, 2024 282 Views 0 comment Print

Late Fees, Interest, threat to levy penalty or to initiate prosecution – Tax Terrorism

CA, CS, CMA : People are held hostage in a cyber-world with ransom in the form of Late Fees and Interest and a threat to levy penalty or to init...

October 21, 2022 19443 Views 6 comments Print

Indiscriminate Income Tax notices without allowing reasonable time

Income Tax : In view of Indiscriminate notices by income Tax Department without allowing reasonable time it is requested to Finance Ministry an...

March 20, 2022 12912 Views 0 comment Print


Latest Judiciary


Initiation of Section 271D/271E penalty must arise out of assessment proceedings

Income Tax : ITAT Bangalore held penalty initiation under Sections 271D/271E must be noted in assessment order; temporary family loans without ...

August 13, 2024 174 Views 0 comment Print

Section 271(1)(c) unjustified on Voluntary Income Disclosure

Income Tax : When an assessee voluntarily discloses income and the assessment is based on this disclosure without any changes, imposing a penal...

August 4, 2024 915 Views 0 comment Print

Penalties under Section 271(1)(c) cannot be imposed on estimated additions

Income Tax : Penalties under Section 271(1)(c) cannot be imposed based on estimated additions without concrete evidence of concealment or inacc...

August 3, 2024 2271 Views 0 comment Print

Audit report submission Delay due to partners health issues: ITAT deletes Section 271B Penalty

Income Tax : ITAT Chennai deletes Section 271B penalty for audit delay due to partner's health issues in Balaji Logistics case. Learn about the...

August 1, 2024 240 Views 0 comment Print

Penalty u/s 271G untenable as no transfer pricing adjustment possible due to omission of section 92BA(i): ITAT Mumbai

Income Tax : ITAT Mumbai held that no transfer pricing adjustment could have been made in the hands of assessee on account of ALP of specified ...

August 1, 2024 111 Views 0 comment Print


Latest Notifications


NFRA Penalizes RCFL Auditors with ₹2.5 Crore Fine for Audit Misconduct

Company Law : The NFRA fines Shridhar & Associates and CA Ajay Vastani for professional misconduct in auditing RCFL's financials for FY 2018-19....

May 16, 2024 11178 Views 0 comment Print

Scope of Penalties to be assigned to Faceless Penalty Scheme, 2021

Income Tax : Order under Para 3 of the Faceless Penalty Scheme, 2021, for defining the scope of ‘Penalties’ to be assigned to the F...

February 26, 2021 2739 Views 0 comment Print

Limitation for penalty proceedings U/s. 271D & 271E

Income Tax : It is a settled position that period of limitation of penalty proceedings under section 271D and 271E of the Act is governed by th...

April 26, 2016 7357 Views 0 comment Print

Limitation commencement for penalty proceedings U/s. 271D &271E

Income Tax : It has been brought to notice of CBDT that there are conflicting interpretations of various High Courts on the issue whether the l...

April 26, 2016 2620 Views 0 comment Print


Penalty Notice without Striking Off Irrelevant Limb is defective notice

April 23, 2023 1461 Views 0 comment Print

Assessee must be informed of grounds of penalty proceedings through statutory notice and an omnibus notice suffers from vice of vagueness

No section 271B penalty for not getting Account Audited due to health issues

April 23, 2023 9864 Views 0 comment Print

Assessee was not keeping good health for which she was not in a position to obtain Audit Report in time, and, therefore, could not file before statutory due date

Section 271(1)(c) penalty cannot be levied if ITAT deletes quantum addition

April 22, 2023 936 Views 0 comment Print

Since the quantum addition stands deleted by the ITAT in the above order, there remains no basis for levy of penalty under section 271(1)(c)

No Section 271B penalty if provisions of Section 44AB not applicable to assessee

April 22, 2023 1395 Views 0 comment Print

As the turnover of the assessee was less than the prescribed limit fixed for tax audit, provisions of Section 44AB of the Act are not applicable to the assessee. When the provisions of Section 44 AB of the Act are not applicable to the facts of the case, levy of penalty under Section 271B of the Act does not arise.

Share application money is not loan or deposit to levy section 271D penalty

April 22, 2023 678 Views 0 comment Print

Share application money is not loan or deposit and hence not falls u/s 269SS of the Act and penalty u/s 271D cannot be levied.

Section 271(1)(c) Penalty cannot be levied without issuing proper SCN

April 21, 2023 2982 Views 0 comment Print

If initiation of penalty is one limb & levy of penalty is on other limb, then in absence of proper SCN, there is no merit in levy of penalty

Section 272A(2) penalty not leviable on or after 1st Day of July, 2012

April 20, 2023 1317 Views 0 comment Print

ITO (TDS) Vs Hadpawat Enterprises (P) Ltd. (ITAT Jodhpur) From a plain reading of second proviso to Section 272A(2) which is inserted by the Finance Act, 2012 w.e.f. 01-07-2012, it is clear that penalty under clause (k) of Section 272(A)(2) cannot be levied on or after the 1st Day of July, 2012. In the instant […]

No section 271B penalty when Assessee not Maintained Books of Account

April 19, 2023 1485 Views 2 comments Print

Maranaikana Halli Jayashella Shetty Pradeepkumar Vs ACIT (ITAT Bangalore) 271B Penalty- When the Assessee Has Not Maintained the Books of Account, There Is No Question of Getting the Books of Account Audited U/S 44AB Assessment was completed u/s 143(3) making  additions to the returned income u/s 44AD.  AO initiated penalty proceedings u/s 271A &  271B. […]

ITAT deletes penalty on estimated addition for alleged bogus purchases

April 16, 2023 2859 Views 0 comment Print

If sales are not disputed, entire alleged bogus purchases cannot be disallowed and only the gross profit on the alleged purchases to be disallowed. No penalty under section 271(1)(c) is leviable on estimated additions.

Vague Penalty Notice Invalidates Proceedings under section 271(1)(c)

April 16, 2023 702 Views 0 comment Print

ITAT held that if a Penalty notice is vague then penalty proceedings initiated under section 271(1)(c) on that basis were vitiate

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