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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


No section 271(1)(c) penalty when Sustainability of Addition is debatable

April 16, 2023 1191 Views 0 comment Print

Manjulata Sahoo Vs PCIT (ITAT Cuttack) It was the submission that against the order of the Tribunal, the assessee has filed appeal before the Hon’ble Jurisdictional High court of Orissa and the Hon’ble Jurisdictional High Court of Orissa was pleased to admit the appeal of the assessee in ITA No.8 of 2021 vide order dated […]

Non-specification of limb of notice render section 271(1)(c) penalty proceedings invalid

April 15, 2023 1134 Views 0 comment Print

Non-specification of limb of the notice would render section 271(1)(c) penalty proceedings invalid. ITAT held that notice u/s 271(1)(c) is omnibus notice, thus defective which goes to the root of the matter. Accordingly the appeal of the assessee stands allowed.

Penalty u/s 271(1)(c) not leviable as tax was payable on book profits u/s 115JB

April 14, 2023 741 Views 0 comment Print

ITAT Delhi held that penalty u/s 271(1)(c) of the Income Tax Act alleging inaccurate particulars not leviable as assessee was subjected to tax on book profits u/s 115JB.

Penalty order u/s 271(1)(c) issued without striking off irrelevant limb is liable to be deleted

April 14, 2023 2973 Views 0 comment Print

ITAT Mumbai deleted penalty under section 271(1)(c) of the Income Tax Act as penalty order was issued without striking off the irrelevant limb/ inapplicable words.

No penalty on income disclosed in revised After receipt of Reassessment Notice

April 12, 2023 4842 Views 0 comment Print

Pankajkumar Babulal Tiwari Vs ACIT (ITAT Amhadabad) Asessee under the bona fide belief not offered income on receipt from LIC in original return however rectified the same while filing the return under section 148 of the Act. The assessee also paid due tax on such receipt even before issuance of notice under section 148 of […]

Initiation of penalty proceedings u/s 271(1)(c) without statutory notice is not acceptable

April 7, 2023 2478 Views 1 comment Print

ITAT Mumbai held that initiation of penalty proceedings under section 271(1)(c) of the Income Tax Act without informing the charges framed for initiation of the same via statutory notice renders the entire proceeding inacceptable.

ITAT delete section 271(1)(b) penalty as Show Cause Notice was vague

March 30, 2023 1365 Views 0 comment Print

Siddarthini Nanda Vs ACIT (ITAT Cuttack) A perusal of the show cause notice as also the satisfaction recorded by the AO in the assessment order, clearly does not mention the specific notice issued u/s.142(1) of the Act in respect of which non-compliance the penalty has been initiated. A perusal of the assessment order in all […]

Penalty notice u/s. 274 r.w.s 271(1)(c) not specifying limb under which penalty proceeding is initiated is invalid

March 30, 2023 5919 Views 0 comment Print

ITAT Delhi held that issuance of notice under section 274 r.w.s. 271(1)(c) of the Income Tax Act without specifying the particular limb under which the penalty proceedings have been initiated concludes that the notice is issued in a stereotyped manner without applying mind and accordingly imposition of penalty is bad in law.

Penalty u/s 271(1)(c) not leviable as disallowance of expense doesn’t mean incorrect furnishing of income

March 17, 2023 4311 Views 0 comment Print

ITAT Jaipur held that disallowance of expenses per se cannot mean that the assessee has furnished incorrect particulars of income. Accordingly, penalty under section 271(1)(c) of the Income Tax Act not leviable.

Penalty cannot be cancelled for mere non-specification of limb under which penalty u/s 271(1)(c) is levied

March 17, 2023 3015 Views 0 comment Print

ITAT Hyderabad held that penalty under section 271(1)(c) of Income tax Act cannot be cancelled merely because of non-specification of limb i.e., for concealment of income or furnishing inaccurate particular of income under which penalty is levied.

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