A bare reading of the above notice suggests that the notice has been issued in a casual fashion. The Assessing officer has not applied his mind and no specific charge is mentioned for which the assessee was required to be show caused. In absence of the requisite contents of specific charge the initiation of proceedings… Read More »
Power of Commissioner to Reduce or Waive Income Tax Penalty [As amended by Finance Act, 2019] POWER OF PRINCIPAL COMMISSIONER OR COMMISSIONER TO REDUCE OR WAIVE PENALTY 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 »
we find that the penalty was initiated on account of loss claimed by the appellant on sale of assets, even though, that particular block of assets had not been exhausted. We do not find any justification to discard the findings reached by the ld. CIT(A) that the assessee had duly disclosed the loss on sale… Read More »
As per the circular No 25/2015 issued by CBDT on 31st December 2015 , No Penalty under section 271(1) (C) wherein additions /disallowances made under normal provisions of the income tax act 1961 but tax levied under MAT provisions u/s 115JB/115JC for cases prior to AY 2016-17 Read Complete Circular
Facts of the Case Brief facts relating to the case are that the assessee filed his income-tax return for the impugned assessment year on 26.07.2005 on the income of Rs. 1,02,000/-. Subsequently assessment under section 143(3) was completed at a total income of Rs. 16,51,637/- by making an addition of Rs. 15,49,637/- as undisclosed income.… Read More »
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): 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 »
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 »
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 »
loan converted into Donation Q : When loan are converted into donation can the penalty under section 271(1)(c) of income tax act be levied ? Where assessee institute having received loan from group companies, converted same into corpus donation, since lender companies were not doing any business and thus were not in a position to… Read More »