Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

The Commissioner of Income Tax, The Deputy Commissioner of Income Tax Versus M/s Ittina Properties Pvt. Ltd.

2015 (11) TMI 799 - KARNATAKA HIGH COURT

Penalty under Section 271(1)(c) - Held that:- There was no concealment of income or furnishing of inaccurate particulars of income by the assessee. From the record, it is clear, that the assessee had furnished all the particulars, but merely because .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

as on the question of validity of the notice, we do not find any infirmity with the order of the Tribunal. - Decided in favour of assessee. - ITA No. 214/2015 - Dated:- 22-9-2015 - Vineet Saran And B. Manohar, JJ. For the Appellant : Sri K V Aravind .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

der Section 271(1)(c) of the Income Tax Act, 1961 (for short 'the Act') has been held to be not leviable, as had been so held by the Appellate Commissioner also. 2. Briefly stated the facts of this case are that in the original assessment pro .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

came final, as the same was not challenged by the assessee. Thereafter, the Assessing Officer initiated penalty proceedings against the assessee under Section 271(1)(c) of the Act and levied the penalty at 100% of the tax, which was found to have bee .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

on claimed by the assesse in its return. Revenue filed an appeal before the Tribunal, which has been dismissed. Aggrieved by the said order, this further appeal has been filed by the Revenue. 3. We have heard Sri K.V.Aravind, learned counsel for the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Act was not a valid notice, in as much as in the printed notice, the inappropriate words were not struck of so as to specify the default for which proceedings were being initiated against the assessee. 5. We have perused the notice, a copy of which i .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

in the case of Commissioner of Income Tax -vs- Manjunatha Cotton and Ginning Factory [(2013) 359 ITR 565 (Karn)]. 6. Having perused the notice, we find that the dismissal of the appeal on the ground that it did not specify the default for which the p .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the notice or specific default is not informed to the assessee by way of notice, the assessee would be handicapped in filing its response and as such, on this ground, the notice would be invalid and has rightly been held to be so, in the facts of th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version