SMT. GURUSHARAN KAUR vs. THE DEPUTY COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court held that the second and third substantial questions of law were covered by a previous judgment. Consequently, these questions were answered in favour of the assessee.
What were the facts?
The assessee appealed against an ITAT order upholding the levy of penalty. The appeal was admitted to consider substantial questions of law regarding the penalty.
What were the issues?
Whether the Tribunal was right in upholding the penalty when the respondent failed to provide a clear finding on concealment or inaccurate particulars and failed to record satisfaction in the assessment order.
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
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ON THE 19TH DAY OF NOVEMBER, 2018
BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH
AND
THE HON'BLE MR. JUSTICE K. NATARAJAN
INCOME TAX APPEAL No.381 of 2011
BETWEEN
SMT. GURUSHARAN KAUR, No.119, 9TH MAIN, ARASAPPA COMPLEX, IDEAL HOME TOWNSHIP, RAJARAJESHWARINAGAR, BANGALORE – 98. ... APPELLANT
(BY SRI CHYTHANYA K.K., ADVOCATE)
AND
THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 2(1), BENGALURU.
... RESPONDENT
(BY SRI K.V. ARAVIND, ADVOCATE)
THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF THE INCOME TAX ACT, 1961, ARISING OUT OF ORDER DATED 22/06/2011 PASSED IN ITA No.1190/BANG/2010, FOR THE ASSESSMENT YEAR 2005- 2006, PRAYING TO FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN AND ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 22/06/2011 PASSED BY THE ITAT IN ITA No.1190/BANG/2010, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS INCOME TAX APPEAL COMING ON FOR HEARING THIS DAY, RAVI MALIMATH, J., DELIVERED THE FOLLOWING:
J U D G M E N T
Heard.
The appeal was admitted to consider the following three substantial questions of law: “1. Whether on the facts and in the circumstances of the case, the Honourable Tribunal was right in law in upholding the levy of penalty under section 271 (1) (c) of Income Tax Act, 1961?
Whether on the facts and in the circumstances of the case, the Honourable Tribunal was right in law in upholding levy of penalty when the Learned Respondent has
failed to give a clear finding as to whether the Appellant is guilty of concealment of income or furnishing of inaccurate particulars of such income?
Whether on the facts and in the circumstances of the case, the Honourable Tribunal was right in law in upholding levy of penalty when the Learned Respondent has failed to record his satisfaction of concealment or furnishing inaccurate particulars in the assessment order?”
It is submitted that the second and third substantial questions of law are covered by the judgment of this Court in the case of COMMISSIONER OF INCOME-TAX AND ANOTHER vs. MANJUNATH COTTON AND GINNING FACTORY reported in (2013) 359 ITR 565. Hence, following the said judgment, the second and third questions of law are answered in favour of the assessee and against the Revenue.
In view of holding the second and third substantial questions of law in favour of the assessee, the first substantial question of law would not arise for consideration. The appeal is disposed off accordingly.
SD/-
SD/- JUDGE
JUDGE
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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