section 271(1)(c)

New Penalty Provisions Under Section 270A

Income Tax - Satender Singh Rana Commissioner of Income Tax(DR)-7, ITAT, Delhi s.s.rana@incometaxindia.gov.in Sri Satender Singh Rana is an IRS officer of 1994 Batch and is currently posted as Commissioner of Income Tax, ITAT, New Delhi. He has extensive experience in the field of Income Tax Litigation and judicial matters and is part of several commi...

Read More

Penalties and Prosecutions Under Income tax Act, 1961

Income Tax - Penalties and Prosecutions Default in complying with provisions of or with conditions prescribed under the Income-tax Act would attract certain penalty and in critical cases prosecutions as well. The document will provide you information about the punishable offences, prosecutions and the quantum of penalties that can be imposed under the...

Read More

Prosecutions and Punishment under Income-Tax Act, 1961

Income Tax - Apart from penalty for various defaults, the Income-tax Act also contains provisions for launching prosecution proceedings against the taxpayers for various offences. In this part you can gain knowledge about the various provisions relating to prosecution which can be launched under the Income-tax Act....

Read More

Income Tax Offences liable to prosecution

Income Tax - Apart from levy of penalty for various defaults by the taxpayer, the Income-tax Law also contains provisions for launching prosecution for offences committed by the taxpayer. In this part you can gain knowledge about offences in respect of which prosecutions can be launched under the Income-tax Law....

Read More

Power of Commissioner to Reduce or Waive Income Tax Penalty

Income Tax - In the tutorial on Penalties Under the Income-tax Act, we discussed various penalties imposable under the Income-tax Act in respect of various defaults. Apart from enacting penalty provisions...

Read More

Easwar Committee Recommends Non-Levy Of Penalty in certain circumstances

Income Tax - The Committee recommends that the scope of Section 273B should be suitably enlarged to provide that penalty for concealment of income or furnishing inaccurate particulars thereof will not be imposed where any addition or disallowance is made without any evidence or in a routine manner or on estimate and in cases where the Assessing Office...

Read More

Penalty should not be imposed for Inadvertent and Bonafide Error

Rasai Properties Pvt. Ltd. Vs DCIT (ITAT Mumbai) - Rasai Properties Pvt. Ltd. Vs DCIT (ITAT Mumbai) Admittedly, there has been an omission on the part of the assessee to disclose the LTCG on sale of the shops in its return of income for the year under consideration. However, at the same time, we cannot remain oblivious of the bonafides of the assess...

Read More

Prosecution for tax evasion not sustainable if Penalty been deleted

M/s. System India Castings Vs Pr. CIT (Chhattisgarh High Court) - M/s System India Castings Vs Pr. CIT (Chhattisgarh High Court) It was mentioned that the assessee has preferred an Appeal against the penalty order before the CIT (Appeals), Raipur, which is pending for decision. When the CIT (Appeals) heard the appeal preferred by the assessee on merits, it reached...

Read More

Penalty cannot be sustained merely for disallowance of Depreciation claimed at higher rate

MakeMy Trip (India) Pvt. Ltd. Vs DCIT (ITAT Delhi) - MakeMy Trip (India) Pvt. Ltd. Vs DCIT (ITAT Delhi) As regards the penalty based on addition on account of difference in rate of depreciation on computer peripherals, the Assessing Officer has observed that the assessee made a wrong claim of depreciation @ 60% on printers, UPS, computer stationery, r...

Read More

Penalty Notice cannot be challenged merely for issue in Template manner

Amtex Software Solutions Pvt. Ltd Vs ACIT (Madras High Court) - Issuing of show cause notice in a template-like manner  cannot be challenged on basis that it was not clear as to whether the same had been issued for concealing particulars of income' or furnishing of inaccurate particulars' of such income merely by reason of mistake or defect i.e., mistake or def...

Read More

Cancer Treatment is reasonable cause for delay in Appeal Filing: ITAT

Shri Pradipta Kumar Das Vs The Assistant Commissioner of Income Tax (ITAT Chennai) - Assessee was diagnosed with Cancer in December, 2017 and the ld. CIT(A) passed the order on 20.03.2018, which is subsequent to the diagnosis of the illness, needless to mention that treatment of cancer is very painful and it is not possible to focus on other issues when he was under the treatment an...

Read More

Immunity under Section 270AA of Income-tax Act, 1961- CBDT Clarifies

Circular No 5/2018-Income Tax - (16/08/2018) - Section 270AA of the Income-tax Act, 1961 (the Act) inter alia provides that w.e.f. 1 st April, 2017, the Assessing Officer, on an application made by an assessee, may grant immunity from imposition of penalty under section 270A (not being penalty for misreporting) and initiation of proceedings unde...

Read More

Recent Posts in "section 271(1)(c)"

Penalty should not be imposed for Inadvertent and Bonafide Error

Rasai Properties Pvt. Ltd. Vs DCIT (ITAT Mumbai)

Rasai Properties Pvt. Ltd. Vs DCIT (ITAT Mumbai) Admittedly, there has been an omission on the part of the assessee to disclose the LTCG on sale of the shops in its return of income for the year under consideration. However, at the same time, we cannot remain oblivious of the bonafides of the assessee, which […]...

Read More

Prosecution for tax evasion not sustainable if Penalty been deleted

M/s. System India Castings Vs Pr. CIT (Chhattisgarh High Court)

M/s System India Castings Vs Pr. CIT (Chhattisgarh High Court) It was mentioned that the assessee has preferred an Appeal against the penalty order before the CIT (Appeals), Raipur, which is pending for decision. When the CIT (Appeals) heard the appeal preferred by the assessee on merits, it reached to the conclusion that the petitioner [...

Read More

Penalty cannot be sustained merely for disallowance of Depreciation claimed at higher rate

MakeMy Trip (India) Pvt. Ltd. Vs DCIT (ITAT Delhi)

MakeMy Trip (India) Pvt. Ltd. Vs DCIT (ITAT Delhi) As regards the penalty based on addition on account of difference in rate of depreciation on computer peripherals, the Assessing Officer has observed that the assessee made a wrong claim of depreciation @ 60% on printers, UPS, computer stationery, routers and scanners by clubbing them wit...

Read More

New Penalty Provisions Under Section 270A

Satender Singh Rana Commissioner of Income Tax(DR)-7, ITAT, Delhi s.s.rana@incometaxindia.gov.in Sri Satender Singh Rana is an IRS officer of 1994 Batch and is currently posted as Commissioner of Income Tax, ITAT, New Delhi. He has extensive experience in the field of Income Tax Litigation and judicial matters and is part of several commi...

Read More
Posted Under: Income Tax |

Penalty Notice cannot be challenged merely for issue in Template manner

Amtex Software Solutions Pvt. Ltd Vs ACIT (Madras High Court)

Issuing of show cause notice in a template-like manner  cannot be challenged on basis that it was not clear as to whether the same had been issued for concealing particulars of income' or furnishing of inaccurate particulars' of such income merely by reason of mistake or defect i.e., mistake or defect of issuing it in a template and not ...

Read More

Cancer Treatment is reasonable cause for delay in Appeal Filing: ITAT

Shri Pradipta Kumar Das Vs The Assistant Commissioner of Income Tax (ITAT Chennai)

Assessee was diagnosed with Cancer in December, 2017 and the ld. CIT(A) passed the order on 20.03.2018, which is subsequent to the diagnosis of the illness, needless to mention that treatment of cancer is very painful and it is not possible to focus on other issues when he was under the treatment and therefore in our opinion, there is a r...

Read More

Penalty cannot be imposed for mere wrong claim of TDS

M/s. V.K. Lalco Pvt. Ltd. Vs DCIT (ITAT Mumbai)

M/s. V.K. Lalco Pvt. Ltd. Vs DCIT (ITAT Mumbai) In this case the penalty was levied for wrong claim of TDS in the return of income to the tune of Rs.3,48,120/- without offering the corresponding income to tax. In fact this TDS did not belong to the assessee but appeared in the form No. 26AS […]...

Read More

No Penalty for Rejection of Bonafide Claim

Pr. CIT Vs Shamrao Vithal Co-Op Bank (Bombay High Court)

Pr. CIT Vs Shamrao Vithal Co-Op Bank (Bombay High Court) The division bench of the Bombay High Court has held that penalty cannot be levied under the Income Tax merely on the ground that a deduction claim was rejected by the department. The assessee is a Co-operative Bank. For the relevant A.Y under consideration, the […]...

Read More

Penalty on the grounds of retrospective amendment not justified

DCIT (E) Vs Baroda Cricket Association (ITAT Ahmedabad)

DCIT (E) Vs Baroda Cricket Association (ITAT Ahmedabad) Article 20(1) of the Constitution of India provides certain protection in this regard which states that no person can be convicted for any offence except for a violation of a law in force at the time of action charged an offence, nor be subjected to a penalty […]...

Read More

Penalty cannot be imposed on disallowance of creditors for want of address verification

Kishor A. Sewani Vs ITO (ITAT Ahmedabad)

Where sundry creditors arising out of the purchases debited in the profit and loss account as revenue expenses, were added to income of assessee for want of the addresses of said creditors, that did not mean assessee had concealed the particulars of income or furnished inaccurate particulars of income, so as to impose penalty under sectio...

Read More

Browse All Categories

CA, CS, CMA (4,223)
Company Law (4,935)
Custom Duty (7,351)
DGFT (3,973)
Excise Duty (4,228)
Fema / RBI (3,811)
Finance (3,985)
Income Tax (30,522)
SEBI (3,178)
Service Tax (3,468)