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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 u/s 271(1)(c) leviable as incomes not offered to tax with intention to evade tax

January 9, 2023 6141 Views 0 comment Print

ITAT Mumbai held that penalty under section 271(1)(c) of the Income Tax Act is leviable as incomes were not offered to taxation with a dishonest intention to conceal the income and evade tax.

Section 271(1)(b) Penalty cannot be imposed if Assessment was Completed U/s. 143(3)

January 8, 2023 37662 Views 0 comment Print

Sardarmal Kothari Vs ACIT (ITAT Chennai) ITAT held that when an assessment has been made under sec.143(3) and not under sec.144 of the I.T. Act, it means that subsequent compliance in the assessment proceedings was considered as good compliance and the defaults committed earlier were ignored by the Assessing Officer and, therefore, there is no […]

Imposition of penalty u/s 271(1)(c) on highly debatable issue is unsustainable

January 8, 2023 1959 Views 0 comment Print

ITAT Chennai held that levy of penalty u/s. 271(1)(c) of the Income Tax Act alleging furnishing of inaccurate particulars of income unsustainable as the matter is highly debatable.

No penalty merely for making a wrong claim due to wrong interpretation of section 54EC

January 1, 2023 609 Views 0 comment Print

P.S. Jayaraman Vs ACIT (ITAT Chennai) Ld. CIT(A) concurred with assessee’s submissions that deduction u/s 54F was solely due to difference in interpretations of the provisions and therefore, the penalty was not to be levied on this count. However, the provisions of Sec. 54EC were clear that the investment in a financial year was not […]

Section 271(1)(b) not stipulate any penalty for not responding to section 148 notice

December 12, 2022 831 Views 0 comment Print

Neeraj Kumar Vs ITO (ITAT Delhi) From the penalty order, we observe that the Assessing Officer nowhere stated that the notices issued u/s 142(1) of the Act were served on the assessee. In the entire penalty order we observe that the notices said to have been issued by the AO but it is not the […]

Section 35(1)(ii) deduction cannot be denied for subsequent retrospective cancellation of approval 

November 23, 2022 1869 Views 0 comment Print

Assessee was entitled to relief on the certificate granted by the prescribed authority u/s 35(1)(ii) of the Act to the institution to which it donated the sum of money for claiming deduction under that section if it was subsisting and valid at the time the donation was made.

Section 271B penalty not justified for delay due to late appointment of Auditor by CAG

November 23, 2022 1200 Views 0 comment Print

Madhya Pradesh Audyogik Kendra Vikas Nigam (Indore) Limited Vs DCIT (ITAT Indore) The assessee has challenged the penalty to the tune of Rs.1,50,000/-levied under Section 271B of the Act. The assessee, a Government company, wherein appointment of Auditor in the case of the appellant was governed by the provision of section 619(2) of the Companies […]

Section 271(1)(c) Penalty not imposable if no addition to income

November 22, 2022 1731 Views 0 comment Print

Since additions have been deleted, the very foundation to visit assessee with penalty does not survive. Hence, no penalty is imposable upon assessee

Penalty notice become defective if it does not disclose specific charge

November 21, 2022 1206 Views 0 comment Print

ACIT Vs Amit Tiwari (ITAT Indore) The submissions of the assessee are that penalty proceedings u/s 271AAB as initiated is bad in law on account of firstly penalty notice so issued is defective as it does not disclose specific charge and secondly there is no concealed income as search took place prior to due date […]

No concealment penalty if expense claimed twice reversed in subsequent year

November 21, 2022 558 Views 0 comment Print

It is not in dispute that the assessee accounted for provision of interest twice by mistake and on realising such mistake, necessary rectification entries were passed in the subsequent year and the same was offered as income.

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