Tag Archives: Section 271(1)(c)

Penalty for undisclosed income can be imposed under section 271AAA and not under Section 271(1)(c)

As per  Section 271AAA (3) No penalty under the provisions of clause (c) of sub-section (1) of section 271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1) of Section 271AAA. IN THE ITAT AHMEDABAD BENCH Dr. Naman A. Shastri v. Assistant Commissioner of Income-tax, Central Circle… Read More »

Section 271(1)(c) Case Laws

Section 271(1)(c): Whether penalty for concealment justified in case of bonafide/inadvertent/human error ? Held-No Price Waterhouse Coopers Pvt. Ltd vs. CIT (Supreme Court Civil Appeal no. 6924 of 2012) “Para 18. The fact that the Tax Audit Report was filed along with the return and that it unequivocally stated that the provision for payment was not allowable under Section… Read More »

Penalty of Section 271(1)(c) could not be imposed if notice did not contain any grounds on which penalty sought to be imposed

Where show-cause notice under section 274 to assessee was defective as it did not spell out grounds on which penalty was sought to be imposed, order imposing penalty was invalid and, consequently, penalty imposed was to be cancelled IN THE ITAT BANGALORE BENCH ‘A’ H. Lakshminarayana v. Income-tax Officer N.V. VASUDEVAN, JUDICIAL MEMBER AND JASON… Read More »

Reimursement of telephone allowances and Hospitality cannot be treated as income of assessee

Hospitality and telephone allowances to assessee being in nature of reimbursement cannot be treated as income in hands of assessee and, consequently, non-inclusion of same in assessee’s return of income could not be treated as concealment of income and penalty was not called for IN THE ITAT CUTTACK BENCH Soumya Prakash Pattnaik v. Assistant Commissioner… Read More »

40(a)(ia) TDS default based on opinion of CA was bona fide mistake , No Penalty

Question: Where assessee-company made payment to a foreign company without deduction of tax at source on basis of certificate issued by Chartered Accountant, same was a bona fide mistake and hence, assessee was not liable to penalty for concealment of income ? Answer Yes,  When it was found that Chartered Accountant had given a certificate to… Read More »