2013 (12) TMI 191 - ITAT AHMEDABAD
GE India Industrial (P.) Ltd. Versus Commissioner of Income-tax (A) -IV, Baroda
Stay of penalty proceedings u/s 271(1)(c) – Held that:- As per the provisions of Section 275(1)(a) of the Act Assessing Officer cannot pass an order imposing penalty u/s 271(1)(c) of the Act till relevant assessment is subject matter of appeal before ......
2013 (11) TMI 369 - ITAT MUMBAI
Shri Samson Perinchery Versus ACIT-Central Circle-18 & 19, , Mumbai -20
Notice of penalty under wrong provision of Act – Penalty to be levied u/s 274 of the act for ‘furnishing of inaccurate particulars’ and the notice was issued for penalty u/s 271(1)(c) for concealment of Income – In this case, operation u/s 132 of the ......
2013 (10) TMI 77 - PUNJAB & HARYANA HIGH COURT
Lajpat Rai (HUF), Satya Pal Versus The Commissioner of Income Tax and Other
Penalty for return not filed under the bonafied belief - Assessee main source of income is one-half share from M/s Haryana Steel Fabricator, Faridabad, in which he is a partner - Return in the case of the firm was received on 30.09.1979 and the asses ......
2013 (9) TMI 16 - GUJARAT HIGH COURT
AMUL RESEARCH & DEVELOPMENT ASSOCIATION Versus INCOME TAX OFFICER
Notice of demand u/s 156 along with notice u/s 274 read with Section 271 - Amount recovered from bank - Period of statutory period for deposit of demand reduced from 30 days to 7 days - Held that:- the very object of obtaining permission of the super ......
2013 (8) TMI 439 - ITAT CUTTACK
Assistant Commissioner of Income-tax Versus Dr. Tulsi Prasad Mohapatra
Validity of assessment orders - Assessment orders server after expiry of period of limitation - the assessment orders in these cases though made on December 31, 2009, those were served on the assessee on May 10, 2010, i.e., after 130 days from the da ......
2012 (11) TMI 757 - ITAT MUMBAI
Bennett Coleman & Co. Ltd. Versus ACIT 1(1), Mumbai
Procedure u/s 274 - levy the penalty 271(1)(c) – On the date of hearing AO issue penalty order u/s 274 on the same day after getting approval from Add. CIT – Assessee contended that Add. CIT did not apply his mind and acted in a mechanical way in giv ......
2012 (7) TMI 585 - ITAT MUMBAI
Additional Director of Income-tax (International Taxation) - 2(1) Versus R Liners Ltd.
Penalty u/s 271(1)(c) - Penalty levied on both Principal and Agent - shipping profits were claimed exempt from tax in India - DTAA between India and Mauritius - Held that:- Section 160(1)(i) provides that in respect of income of the non-resident, th ......
2012 (6) TMI 291 - ITAT MUMBAI
Hongkong & Shanghai Banking Corpn. Ltd. Versus Deputy Director of Income-tax (Intl. Tax), 3(1)
Penalty u/s 271(1)(c) - foreign bank - dis-allowance of loss on ready forward transactions on ground of them being illegal - alleged concealment of income - Held that:- Dis-allowance made as speculative loss cannot be considered alone as concealment ......
2011 (6) TMI 458 - ITAT, CHENNAI
Smt. S. Sudha Versus Assistant Commissioner of Income-tax
Penalty u/s 271(1)(c) r.w.s. 274 - modification of the computation u/s 54 after reducing the items of advocate fees, brokerage, tiles laying, white wash, electrical rewiring and wood work not proved by assessee - Held that:- The property was sold to ......
2011 (5) TMI 682 - GUJARAT HIGH COURT
Chhaganlal Suteriya Versus Income-tax Officer, 1
Penalty under section 271(1)(c) of the Income Tax Act - conditions for applicability of Explanation 3 to section 271(1) are cumulative and each of the conditions has to be established for the purpose of invoking the said provision - all the condition ......
2011 (5) TMI 641 - Gujarat High Court
Chhaganlal S Uteriya Versus Income-tax Officer
Penalty u/s 271(1)(c) - failure to file return for AY 94-95 within time limit prescribed - notice u/s 148 and 142(1) issued on 10.03.97 and 15.10397 resp. - failure to respond to SCN and reminders - best judgment assessment - Held that:- The only eve ......
2010 (12) TMI 247 - ITAT, MUMBAI
United Liner Agencies (Stevedores) Versus Dy. CIT
Review - The assessee is a partnership firm engaged in the business of stevedoring - It claimed to have paid commission of Rs. 1,71,49,967 during the year to various parties which were 14 in number - It claimed to have paid commission of Rs. 1,71,49, ......
2010 (12) TMI 117 - PUNJAB AND HARYANA HIGH COURT
M/s Aggarwal Oil & General Mills Ltd. Versus The Commissioner of Income Tax
Penalty - Concealment of Income - Learned counsel for the assessee submitted that mere fact that addition was sustained by rejecting the plea of the assessee about loss of bardana, was not enough to uphold the penalty based on the judgment of this Co ......
2010 (12) TMI 110 - PUNJAB AND HARYANA HIGH COURT
M/s Tej Bhan Cotton Ginning & Pressing Factory, Kalanwali Versus The Commissioner of Income-Tax, Rohtak
Penalty on concealment or inaccurate particulars given by the assessee – Substantial question of law - Whether in the facts and circumstances of the case, the ITAT was justified in sustaining the penalty of Rs. 7,23,623/- under Section 271(1)(c), e ......
2010 (3) TMI 714 - ITAT LUCKNOW-A
Income-Tax Officer. Versus Sanjeev Mishra.
Penalty – Concealment of income - The assessee claimed that the entire profit of Rs. 2,25,36,542 was eligible for exemption under s. 10B of the Act - AO issued a show-cause notice under s. 274 r/w s. 271(1)(c) of the Act to the assessee – Assessee su ......