CIT v. Escorts Finance Ltd.

328 ITR 44High Court2010#1019 most cited

What is CIT v. Escorts Finance Ltd. authority for?

An assessee is liable to penalty under Section 271(1)(c) read with Explanation 1 if they make a claim that is incorrect in law, wholly without basis, and the explanation furnished for such a claim is not bona fide.

108

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2011 to 2025.

Also referred to as

CIT v. Escorts Finance Ltd. · Escorts Finance Ltd. · Section 271(1)(c) · Explanation 1 to Section 271(1)(c) · penalty for inaccurate particulars · incorrect claim · no bona fide explanation · claim without basis · levy of penalty · Section 54F

Issues it is cited on

Judgments citing CIT v. Escorts Finance Ltd.

NEW MANGALORE PORT ROAD COMPANY LIMITED,NEW DELHI vs. DCIT, CIRCLE-16(1), DELHI

In the result, the assessee’s appeal is allowed for statistical purposes

ITA 1053/DEL/2025[2015-16]Status: DisposedITAT Delhi17 Nov 2025AY 2015-16

Bench: Shri Yogesh Kumar U.S. & Shri Avdhesh Kumar Mishraita No.1053/Del/2025, A.Y. 2015-16 New Mangalore Port Road Deputy Commissioner Of Company Limited, Income Tax, Circle-16(1), D-21, Corporate Park, Vs. C. R. Building, I P Estate, Sector-21, Dwarka, New Delhi New Delhi Pan: Aabcn9106E (Appellant) (Respondent) Appellant By Ms. Khushboo Singhal, Ca Respondent By Ms. Amisha S. Gupt, Cit(Dr) Date Of Hearing 21/08/2025 Date Of Pronouncement 17/11/2025 Order Per Avdhesh Kumar Mishra, Am This Appeal For Assessment Year (‘Ay’) 2015-16 Filed By The Assessee Is Directed Against The Order Dated 15.09.2022 Of The Commissioner Of Income Tax (Appeals), Nfac, New Delhi [‘Cit(A)’].

Section 271(1)(c)Section 32Section 36(1)(iii)

…r the VSVS Scheme. Thereafter, the Ld. AO, placing reliance on the decision of Hon’ble New Mangalore Port Road Company Ltd. Delhi High Court in cases of Zoom Communications Pvt. Ltd. 327 ITR 510, Harprasad & Co. (P) Ltd., 328 ITR 53 and Escorts Finance Ltd. 328 ITR 44 levied the penalty of Rs.19,25,64,233/- under section 271(1)(c) of the Act on the above mentioned disallowances of depreciation of Rs.60,67,90,274/- and interest of Rs.1,63,94,947/- observing as under: “7.1.1 On perusal of details filed during the course of assessment proceedings it is seen that the assessee has claimed huge depreciation of Rs.74…

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