ITO,WARD 3 (5), KALYAN vs. JATIN S. GANDHI, MUMBAI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that penalty under Section 271(1)(c) is applicable only for concealment or furnishing inaccurate particulars of income. Estimated disallowances of purchases cannot be termed as concealment. Therefore, the penalty was rightly deleted by the CIT(A).
What were the facts?
The Revenue appealed against the CIT(A)'s order deleting the penalty levied under Section 271(1)(c) for bogus purchases. The AO had levied the penalty based on estimated disallowances of purchases.
What were the issues?
Whether penalty under Section 271(1)(c) can be levied on estimated disallowances of purchases without concrete evidence of concealment of income.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Norton Electronics Systems (P) Ltd.27 citing41 Taxmann.com 280 · 2014 · HC
- ACIT v. Vision Research Management (P) Ltd.24 citing63 Taxmann.com 8 · 2015 · ITAT
Income Tax Appellate Tribunal, “F” BENCH, MUMBAI
Before: SHRI C. N. PRASAD, JM & SHRI S. RIFAUR RAHMAN, AM
आदेशकीप्रनिनिनिअग्रेनर्ि/Copy of the Order forwarded to : 1. अपीलाथी/ The Appellant 2. प्रत्यथी/ The Respondent आयकरआयुक्त(अपील) / The CIT(A) 3. 4. आयकरआयुक्त/ CIT- concerned 5. यवभागीयप्रयतयनयध, आयकरअपीलीयअयधकरण, मुंबई/ DR, ITAT,
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More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
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- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
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