Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights August 2024 Year 2024 This

The Tribunal held that the assessee's case falls within clause ...


Tribunal Upholds Penalty for Undisclosed Income; Assessee's Appeal Dismissed for Delaying Proceedings and Lack of Explanation.

August 22, 2024

Case Laws     Income Tax     AT

The Tribunal held that the assessee's case falls within clause (c) of Section 271AAB(1) as the admission made by the assessee was not honored in the return of income. Clauses (a) and (b) were not applicable. The Assessing Officer correctly invoked clause (c) and provided adequate opportunity of hearing to the assessee as per Section 274(1). The assessee did not offer any explanation against the impugned addition and merely pleaded to keep the proceedings in abeyance. The penalty order was within the time limit prescribed u/s 275(1). There was no violation of the principles of natural justice as adequate opportunity was provided. The income surrendered but not admitted would fall under the purview of undisclosed income. The assessee's appeal was dismissed.

View Source

 


 

You may also like:

  1. The Income Tax Appellate Tribunal held that the assessee's plea towards non-applicability of Section 271AAB of the Income Tax Act was devoid of rationale. The Tribunal...

  2. Penalty order u/s 271AAB for treating an amount included in the Return of Income as 'undisclosed income' was found unjustified. The Commissioner of Income Tax (Appeals)...

  3. Penalty levied by the AO u/s. 271AAB r.w.s. 274 - levy penalty of 30% on undisclosed income - the reasons given by the AO to levy 30% penalty on undisclosed income is...

  4. ITAT ruled against penalty imposition under s.271AAB(1A)(b) at 60% rate. The tribunal emphasized that mere voluntary disclosure during search proceedings does not...

  5. Penalty proceedings u/s 270A - Applicable rate of penalty - The Appellate Tribunal noted that while the penalty notice cited under-reporting of income, the AO imposed...

  6. Penalty u/s 271(1)(c) was levied on additional income voluntarily offered in the statement recorded u/s 132(4). However, no reference was made to corroborative...

  7. This case deals with the levy of penalties u/ss 271AAA and 271(1)(c) of the Income Tax Act in relation to various additions made to the assessee's income based on seized...

  8. Undisclosed income surrendered during search must fall within the definition of undisclosed income for penalty u/s 271AAA to be justified. Assessing Officer must record...

  9. The Appellate Tribunal addressed the issue of penalty u/s 271(1)(c) concerning the correct classification of income. The Assessing Officer treated the income as 'income...

  10. The ITAT examined multiple aspects of a tax penalty case involving undisclosed income. The tribunal found no justification for penalty u/s 271(1)(c) across various...

  11. Penalty levied u/s 271AAB - Undisclosed income - Assessee has neither made any surrender of any undisclosed income during the search action nor the penalty has been...

  12. Penalty u/s 271AAB - treating an amount included in the Return of Income as undisclosed income susceptible to penalty - search conducted u/s 132, assessment carried out...

  13. Benefit of reduced penalty of 15% u/s 28(5) - Delay in payment of penalty due to Public Holiday - The appellant voluntarily paid the differential BCD and interest upon...

  14. Levy of penalty for delay in Submission of Documents - finalization of the provisional assessments - The Tribunal acknowledged the delay in document submission but noted...

  15. The Tribunal upheld the penalty imposed u/ss 271(1)(c) and 271AAB of the Income Tax Act for additional income brought to tax owing to a search and seizure action. The...

 

Quick Updates:Latest Updates