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section 271(1)(c)

Latest Articles


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 4452 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 2742 Views 0 comment Print

Penalties and Prosecutions Under Income tax Act, 1961

Income Tax : Learn about the penalties and prosecutions under the Income Tax Act of 1961 for various defaults and offenses. Find out the fines ...

July 25, 2023 486954 Views 4 comments Print

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...

June 11, 2022 47484 Views 7 comments Print

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 prosecu...

June 8, 2022 57161 Views 4 comments Print


Latest News


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 inc...

January 21, 2016 847 Views 0 comment Print


Latest Judiciary


ITAT Mumbai deletes penalty where addition was made on estimation basis

Income Tax : ITAT Mumbai removes penalty imposed on Sunil Bhagwandas Vorani (HUF) as addition was made on estimation basis, not due to concealm...

July 22, 2024 48 Views 0 comment Print

ITAT deletes addition for alleged bogus long-term capital gains

Income Tax : Explore the detailed ITAT Mumbai order analysis of Yogesh P. Thakkar vs DCIT, focusing on disputed long-term capital gains and com...

July 12, 2024 714 Views 0 comment Print

ITAT deletes addition made by CIT(A) without adequate justification 

Income Tax : Read the full text of the ITAT Mumbai order in the case of Krimesh Ramesh Divecha Vs DCIT for A.Y. 2015-16. Understand the assessm...

July 9, 2024 336 Views 0 comment Print

No penalty if contention of assessee was plausible and bona fide: Delhi HC

Income Tax : Delhi HC: No penalty for New Holland Tractors if assessee's contention was plausible and bona fide, provided full disclosure of fa...

July 6, 2024 534 Views 0 comment Print

ITAT Delhi allows provision for warranty expenses despite lack of past experience & scientific basis

Income Tax : ITAT Delhi rules in favor of Grey Orange India Pvt. Ltd., allowing income tax deduction on warranty expenses. Detailed analysis of...

June 15, 2024 648 Views 0 comment Print


Latest Notifications


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

Income Tax : 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...

August 16, 2018 11022 Views 0 comment Print


No Penalty could be levied u/s 271(1)(c) if only advance is received and no actual sale is made

August 27, 2015 1769 Views 0 comment Print

Hon’ble Tribunal held that whenever the consideration is received in advance for the particular sale, The money will be taxed in the year in which the sale is made and not in the assessment year in which the advances are received.

Penalty cannot be imposed for mere non acceptance of claim made by Assessee

August 27, 2015 571 Views 0 comment Print

TechNVision Ventures Ltd. Vs. DCIT (ITAT Mumbai) Merely because the assessee had claimed the expenditure, where claim was not accepted or was not acceptable to the revenue, that by itself would not, attract the penalty under Section 271(1)(c).

No concealment of income by the assessee if addition is merely based on deeming provision of sec 50C

August 20, 2015 2643 Views 0 comment Print

The Assessee sold immovable property for a sale consideration of Rs.13,70,000/-. The stamp duty valuation price was Rs.17,90,085/-. Accordingly AO invoking the provision of section 50C made addition on account of short-term capital gain.

No penalty u/s 271(1)(C), when the taxable income and tax remains the same after adjusting the addition due to concealment

August 20, 2015 7595 Views 0 comment Print

The AO initiated the penalty under section 271(1)(c) for concealment of income and for furnishing of inaccurate particulars of income. The assessee went in appeal before the CIT(A). The CIT(A) partly allowed the appeal of the assessee and sustained the penalty in respect of addition made due to provision for sundry debtors and provision for suspense.

Penalty u/s 271(1)(C) not leviable if substantial question of law exists

August 20, 2015 2967 Views 0 comment Print

In the instant case, the assessee has sold 71233 shares for Rs.3.33 crore under the buy-back scheme. This sale consideration comprises Rs.1.06 crore as interest. The assessee calculated the capital gain considering the total receipt of Rs.3.33 crore as value of sale consideration while the A.O. taxed Rs.1.06 crore as income from other sources which was confirmed by the Tribunal.

Penalty u/s 271(1)(c) leviable for failure to prove genuineness of exemption u/s 54

August 17, 2015 1862 Views 0 comment Print

Punjab & Haryana High Court held in Manpreet Kaur vs CIT that if the assesse had claimed exemption u/s 54 for utilizing the sales proceeds in the construction of the residential house then the onus to prove that the sales proceeds had actually been used in the construction of residential house in on assesse.

No malafide intention no penalty

August 12, 2015 6156 Views 0 comment Print

In, the present facts of the Case the Hon’ble High Court held that no penalty could be levied until it is proved that there was an active concealment or there is deliberate furnishing of inaccurate particulars.

Voluntarily surrender of income can’t escape penalty if assessee deliberately not shown unaccounted income in return

August 12, 2015 2131 Views 0 comment Print

In the case of DCIT Vs. M/s Sunrise Stock Services P.Ltd. Chandigarh bench of ITAT reversed the order of CIT (A) who deleted the penalty made on estimation basis. It was allegation of AO that assessee voluntarily surrendered the addition and statement of the director was recorded.

TP adjustment for intra group services not sustainable where receipt of services & its benefits are beyond any doubt

August 11, 2015 1303 Views 0 comment Print

ITAT Jaipur held In the case of M/s. Gillette India Ltd. vs. ACIT that the services availed are intra-group services in the nature of Accounting and Financial Reporting Services, Employee services etc. . These are routinely outsourced by no. of companies in India and other countries because of their economic

Revised return with same info is furnishing of inaccurate particulars

July 31, 2015 863 Views 0 comment Print

The ITAT Chennai in the case of DCIT vs. M/s. Rattha Citadines held that relying on the same information as available on the date of filing original return of income in filling revised return but making a different claim , in the absence of assessee’s bonafide expenditure would be deemed as furnishing of inaccurate particulars of income making assessee liable to face penalty u/s 271(1)(c).

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