ACIT v. Kamlesh R. Agarwal (HUF)

99 ITD 27Income Tax Appellate Tribunal2006#25977 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2017 to 2020.

Judgments citing ACIT v. Kamlesh R. Agarwal (HUF)

North Eastern Constructions, Dibrugarh vs. Income Tax Officer, Ward-1(2), Dibrugarh

In the result, the appeal of assessee is allowed

ITA 184/GTY/2019[2015-16]Status: DisposedITAT Guwahati17 Jun 2020AY 2015-16

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

Section 271Section 271BSection 273BSection 274Section 44A

…surmises and conjectures. According to the ld.AR, similar explanation for delay in filing TAR (Tax Audit Report) was taken up by the assessee before Ahmedabad Bench of this Tribunal [ Third Member ] case of ACIT Vs. Kamlesh R. Agarwal (HUF) reported in (2006) 99 ITD 27 (Ahd. TM), wherein it was held to constitute reasonable cause for the purpose of section 273B of the Act. The head note reads as under:- Section 271B, read with section 44AB, of the Income-tax Act, 1961 - Penalty - For failure to get accounts audited - Assessment year 1994-95 - Whether delay in completion of audit of earlier year would constitute…

M/S Care Concern Hospital Pvt. Ltd., Hooghly vs. ACIT, Cir-1, Hooghly

In the result, the appeals in ITA No

ITA 331/KOL/2016[2009-2010]Status: DisposedITAT Kolkata12 Jan 2018AY 2009-2010

For Appellant: Shri G. Banerjee, FCA, ld.ARFor Respondent: Shri Arindam Bhattacharjee, Addl. CIT, ld.DR

Section 133ASection 143(2)Section 143(3)Section 148Section 271BSection 44A

…s. The AO determined the loss and allowed carry forward the same in scrutiny proceedings. In support of the contention, he relied on the following case laws/decisions on imposition of penalty u/s. 271B of the Act: In the case of Kamlesh R.Agarwal (HUF) (2006) 99 ITD 27(Ahd)™ Held: In this case the assessee took 4-5 months in getting accounts audited, which was reasonable and the AO was not justified in levying the penalty u/s. 271B of the Act. In the case of E.C.C Project Pvt. Ltd (2015) 374 ITR 44(All) Held: In this case the AO found that the audit report u/s. 44AB of the Act was not obtained in time and levied…

Bhagirath Beaings P.Ltd, Mumbai vs. Addl CIT (TDS)RG 1, Mumbai

In the result appeal filed by assessee is allowed

ITA 7095/MUM/2014[2010-11]Status: DisposedITAT Mumbai05 May 2017AY 2010-11

Bench: Shri Shamim Yahaha & Shri Pawan Singhbhagirath Bearings Pvt. Ltd. Addl. Cit (Tds) Range-1, Room No. 801, 8Th Floor, 6, Dr. Bhogilal Bhavan, 5Th Mamlatdar Wadi, Vs. K.G. Mittal Ayurvedic Hospital Malad (W), Mumbai-400064. Building, Charni Road, Mumbai-400002 (Appellant) (Respondent)

For Appellant: Sh. P.R. Raiyani (AR)For Respondent: Sh. Suman Kumar-DR

Section 200(3)Section 253Section 254(1)Section 272Section 272A(2)(k)Section 273B

…ITA No.7095/M/2014 Bhagirath Bearings Pvt Ltd IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH “B”, MUMBAI BEFORE SHRI SHAMIM YAHAHA, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER Bhagirath Bearings Pvt. Ltd. Addl. CIT (TDS) Range-1, Room No. 801, 8th Floor, 6, Dr. Bhogilal Bhavan, 5th Mamlatdar Wadi, Vs. K.G. Mittal Ayurvedic Hospital Malad (W), Mumbai-400064. Building, Charni Road, Mumbai-400002 (Appellant) (Respondent) Assessee by : Sh. P.R. Raiyani (AR) Revenue by : Sh. Suman Kumar-DR Date of hearing : 27.04.2017 Date of Pronouncement : 05.05.2017 Order Under Section 254(1) of Income Tax Act PER…