NEELESH SATISH KANADE,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the penalty notice was defective as it did not strike out the irrelevant limb of Section 271(1)(c), thereby vitiating the penalty order. Consequently, the enhancement of penalty by the CIT(A) was also deemed invalid.
What were the facts?
The assessee's income was assessed at a much higher amount after a search. Penalty proceedings were initiated, and the CIT(A) directed an enhancement of the penalty. The assessee appealed against the penalty order.
What were the issues?
Whether a penalty under Section 271(1)(c) is sustainable when the notice issued under Section 274 is defective by not striking out the irrelevant limb. Whether the CIT(A) can enhance a penalty that is already vitiated.
Which sections of the Income-tax Act were involved?
Section 271(1)(c),Section 274,Section 153A,Section 139(1),Section 251(1)(b)
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(4)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.
- National Thermal Power Co. Ltd. v. CIT5,834 citing229 ITR 383 · 1998 · SC
- Mr. Mohd. Farhan A. Shaikh v. ACIT672 citing125 Taxmann.com 253 · 2021 · HC · Read judgment
- Pr. CIT v. Golden Peace Hotels and Resorts (P) Ltd.105 citing124 Taxmann.com 249 · 2021 · SC
- Pr.CIT v. Golden Peace Hotels and Resorts (P.) Ltd.32 citing124 Taxmann.com 248 · 2021 · HC
Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE
Before: SHRI R.S. SYAL & SHRI PARTHA SARATHI CHAUDHURY
आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अविकरण ,पुणे / ITAT, Pune
Date 1. Draft dictated on 11-05-2022 Sr.PS 2. Draft placed before author 12-05-2022 Sr.PS 3. Draft proposed & placed before the JM second member 4. Draft discussed/approved by Second JM Member. 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *
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
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- 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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