M/S. TULASIRAM ENTERPRISES,BANGALORE vs. INCOME-TAX OFFICER, BANGALORE
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 order was not sustainable. This was based on the judgment of the Hon'ble Karnataka High Court in CIT vs. Manjunatha Cotton and Ginning Factory, which requires specific mention of the charge for penalty.
What were the facts?
The assessee appealed against a penalty imposed under Section 271(1)(c) of the Income Tax Act. The primary grievance was that the Assessing Officer's notice for levying the penalty did not specify whether it was for concealment of income or furnishing inaccurate particulars.
What were the issues?
Whether a penalty under Section 271(1)(c) can be levied when the AO's notice fails to specify the charge (concealment of income or furnishing inaccurate particulars).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
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- CIT v. Manjunatha Cotton & Ginning Factory2,590 citing359 ITR 565 · 2013 · HC · Read judgment
Income Tax Appellate Tribunal, BANGALORE BENCH ‘SMC’, BANGALORE
Before: SHRI A.K.GARODIA, ACCOUNANT MEMBER
O R D E R PER A. K. GARODIA, A.M.
This appeal is filed by the assessee. This is directed against the order of learned CIT (A) - 7 Bengaluru dated 20.06.2016 for A. Y. 2010 – 11.
The assessee has raised as many as 6 grounds but the only grievance of the assessee is about penalty of Rs. 76,585/- imposed u/s 271 (1) (c) of I.
T. Act.
Learned AR of the assessee submitted that the A.O. in the notice issued by him u/s 271 as available on page 24 of the Appeal Memo has not specified the charge for levying the penalty as to whether it is for concealment of Income or for furnishing of inaccurate particulars of income.
Thereafter he submitted that under these facts, the penalty cannot be levied as per the judgment of Hon’ble Karnataka High Court rendered in the case of CIT vs. Manjunatha Cotton and Ginning Factory as reported in 359 ITR
Learned DR of the revenue supported the order of CIT (A).
I have considered the facts of the case and gone through the orders of the lower authorities and the judgment cited by the learned AR of the assessee and I find that in the facts of the present case as noted above and as per the judgment of Hon’ble Karnataka High Court rendered in the case of CIT vs. Manjunatha Cotton and Ginning Factory (Supra), the penalty order passed by the A.O. and approved by CIT (A) is not sustainable. Hence, the penalty is cancelled.
In the result, the appeal of the assessee is allowed.
Order pronounced in the open court on the date mentioned on the caption page.
More judgments on Section 271(1)(c)
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- 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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