MAHTANI CHITOSAN P. LTD,MUMBAI vs. DCIT 1(2), MUMBAI
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 there was no clarity from the revenue authorities regarding the specific limb of Section 271(1)(c) under which the penalty was levied. Following the Karnataka High Court's judgment, the penalty was deemed not legally sustainable.
What were the facts?
The assessee's appeal concerns a penalty levied under Section 271(1)(c) for the assessment year 2001-2002. The core issue is the lack of clarity from the revenue authorities on whether the penalty was for concealment of income or furnishing inaccurate particulars.
What were the issues?
The primary issue was the ambiguity in the penalty notice and order regarding whether the penalty was for concealment of income or furnishing inaccurate particulars 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(1)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. Manjunatha Cotton & Ginning Factory2,590 citing359 ITR 565 · 2013 · HC · Read judgment
Income Tax Appellate Tribunal, “B” BENCH, MUMBAI
Before: SHRI D. KARUNAKARA RAO & SHRI RAVISH SOOD
सुनवाई की तायीख / Date of Hearing : 06.09.2016 घोषणा की तायीख /Date of Pronouncement : 30.09.2016 आदेश / O R D E R PER D. KARUNAKARA RAO, AM:
This appeal filed by the assessee on 21.12.2011 is against the order of the CIT (A)-2, Mumbai dated 2.11.2011 for the assessment year 2001-2002. In this appeal, assessee raised four grounds in toto. The core issue involved in this appeal is CIT (A)‟s decision in confirming the penalty levied by the AO u/s 271(1)(c) of the Act when it is not specifically mentioned whether the penalty is levied for „concealment of income‟ or „furnishing of inaccurate particular of income‟.
Before us, at the outset, Ld Counsel for the assessee briefly narrated the background facts of the case and brought our attention the copy of the notice issued u/s 274 of the Act dated 19.3.2004 and mentioned that the AO did not ticked any of the columns provided on page of the said notice. He reasoned that the AO has ambiguity on the applicable limb ie „concealment of income‟ or „furnishing of inaccurate particular of income‟.
Further, bringing our attention to the penalty order dated 23.1.2009, Ld Counsel for the assessee read out the operational para 5 which reads as under:-
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
Recent GST High Court judgments
Search GST case law →- M/S Rentex Polymers Private Limited vs. Assistant Commissioner Of Central Goods And Services TaxDelhi · 29 Oct 2026
- M/S Maa Shila Traders vs. The State Of BiharPatna · 29 Oct 2026
- M/S Ashish Enterprises vs. Assistant Commissioner Gsto Ward No. 86Delhi · 29 Oct 2026
- M/S. Bhanwal Trading And Company vs. The Union Of INDIARajasthan · 28 Oct 2026
- M/S. Saraswati Enterprises vs. State Of RajasthanRajasthan · 28 Oct 2026