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TMI BlogPenalty 271(1)(C) in case of lossX X X X Extracts X X X X X X X X Extracts X X X X ..... Penalty 271(1)(C) in case of loss X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 143(3) is loss and order U/s 250/143(3) computation is also for loss. Till date the assessee has not utilized the full B/f Loss as claim in the Return. If the assessee do not set off b/f loss amounting to confirming disallowance is he get benefit u/s 271(1)(C) Reply By Shailesh Doshi: The Reply: It is immaterial whether b/f loss is set-off till date. You have not specified the nature of ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dition. If the expenses are disallowed on ad-hoc or estimated basis by ACIT and if the said disallowance is partially confirmed by CIT (A), no penalty u/s 271(1)(c) would be attracted. There are several judgments which clearly stipulate that no penalty u/s 271(1)(c) would be attracted on ad-hoc or estimated additions. Reply By DEV KUMAR KOTHARI: The Reply: Mere disallowance of expenses itself i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not a suffecient ground to levy penalty u/s 271.1.c. As part of expenses ahve beenallowed by the CIT(A), the matter is contentious on which difference of opinion exists. So penalty is not leviable. The nature of expenses and evidence should be to establsih pramafacie allowability of the case.If similar expenses have been allowed fully in past (even in order u/s 143.1, the claim is established ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and a disallowance cannot be ground for penalty. Even a bonafide mistake can be a ground not to impose penalty - see cases of Reliance Petrolium and PWC. Even after amendment of s.271.1.c and some judgments of SC holdign that amendment is retrospective,and penalty can be levied in case of loss, the merits of claim and arguablable status will absolve from levy of penalty. It would be better to f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ile appeal against order of CIT(A) to seek further relief. In case revenue has filed an appeal, then assessee can file appeal by way of Cross Objections without any fees for ITAT.
Eligible B/f losses have to be set off, there is no legal option not to set off losses except in case of some capital gains. X X X X Extracts X X X X X X X X Extracts X X X X
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