CIT v. Manu Engg

122 ITR 306High Court1980#133 most cited

What is CIT v. Manu Engg authority for?

When levying a penalty under Section 271(1)(c), the Assessing Officer must clearly specify whether it is for concealment of income or furnishing inaccurate particulars. An ambiguous notice or order using "and/or" for these limbs, or a standard proforma without striking irrelevant clauses, indicates non-application of mind and renders the penalty unsustainable.

505

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2012 to 2026.

Also referred to as

CIT v. Manu Engg · Manu Engineering · Section 271(1)(c) · Section 274 · levy of penalty · penalty notice · concealment of income · furnishing inaccurate particulars of income · ambiguous penalty order · non-application of mind · penalty unsustainable

Sections most often in play

Section 271(1)(c)Section 274Section 143(3)Section 250Section 68Section 132Section 153ASection 154

Issues it is cited on

section 271(l)section 271(l)(c)furnishing inaccurate particulars of incomepenalty under section 271(1)(c)furnishing inaccurate particularssection 274non-application of mindconcealment of incomepenalty u/s 271(1)(c)levy of penaltysection 271(1)section 271

Judgments citing CIT v. Manu Engg

M/S. Dhansar Engineering (P) Ltd., Dhanbad vs. ACIT, C.C. - VII, Kolkata

In the result, the appeals of assessee are allowed

ITA 921/KOL/2011[2005-06]Status: DisposedITAT Kolkata10 Jun 2016AY 2005-06

Bench: : Shri P.M. Jagtap & Shri S.S.Viswanethra Ravi

For Appellant: Shri Amit Kumar, ACA, Ld.ARFor Respondent: Shri Sridhar Bhattacharya, JCIT, Ld.DR
Section 132Section 132(4)Section 139(1)Section 153ASection 271(1)Section 274

…ars. The Apex Court in the case of Ashok Pai reported in 292 ITR 11 at page 19 has held that concealment of income and furnishing inaccurate particulars of income carry different connotations. The Gujarat High Court in the case of MANU ENGINEERING reported in 122 ITR 306 and the Delhi High Court in the case of VIRGO MARKETING reported in 171 Taxman 156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the Assessing Officer proposes to invoke the first limb being concealment, then the notice has to be appr…

Sri Suresh Karmakar, Siliguri vs. D.C.I.T CC - Xxviii, Kolkata

In the result, the appeal of the assessee is allowed

ITA 2490/KOL/2013[2008-09]Status: DisposedITAT Kolkata03 Jun 2016AY 2008-09

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Section 132Section 139Section 139(1)Section 143(3)Section 153ASection 271(1)(c)Section 274

…ars. The Apex Court in the case of Ashok Pai reported in 292 ITR 11 at page 19 has held that concealment of income and furnishing inaccurate particulars of income carry different connotations. The Gujarat High Court in the case of MANU ENGINEERING reported in 122 ITR 306 and the Delhi High Court in the case of VIRGO MARKETING reported in 171 Taxman 156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the Assessing Officer proposes to invoke the first limb being concealment, then the notice has to be appr…

Shri Santosh Kumar Sikaria, Kolkata vs. A.C.I.T, Circle-36, Kolkata.

In the result the appeal of the assessee is allowed

ITA 2428/KOL/2013[2008-09]Status: DisposedITAT Kolkata01 Jun 2016AY 2008-09

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ] Assessment Year : 2008-09

For Appellant: Shri K.K.Goswami, Advocate & Shri Ankit Jalan, ARFor Respondent: S.S.Alam, , JCIT, Sr.DR
Section 271Section 271(1)Section 271(1)(c)Section 274

…ars. The Apex Court in the case of Ashok Pai reported in 292 ITR 11 at page 19 has held that concealment of income and furnishing inaccurate particulars of income carry different connotations. The Gujarat High Court in the case of MANU ENGINEERING reported in 122 ITR 306 and the Delhi High Court in the case of VIRGO MARKETING reported in 171 Taxman 156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the Assessing Officer proposes to invoke the first limb being concealment, then the notice has to be appr…

Siddhartha Tantia, Kolkata vs. D.C.I.T, CC_Xxiii, Kolkata

In the result the appeal of the assessee is allowed

ITA 2386/KOL/2013[2009-2010]Status: DisposedITAT Kolkata01 Jun 2016AY 2009-2010

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ] Assessment Year : 2009-10

For Appellant: Shri Manish Tiwari, FCAFor Respondent: S.S.Alam, , JCIT, Sr.DR
Section 132Section 132(4)Section 139(1)Section 153ASection 271Section 271(1)Section 271(1)(c)Section 274

…ars. The Apex Court in the case of Ashok Pai reported in 292 ITR 11 at page 19 has held that concealment of income and furnishing inaccurate particulars of income carry different connotations. The Gujarat High Court in the case of MANU ENGINEERING reported in 122 ITR 306 and the Delhi High Court in the case of VIRGO MARKETING reported in 171 Taxman 156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the Assessing Officer proposes to invoke the first limb being concealment, then the notice has to be appr…

Kamal Kumar Jain, Kolkata vs. I.T.O WD - 29(4), Kolkata

In the result, the appeal of assessee is allowed

ITA 1576/KOL/2013[2009-10]Status: DisposedITAT Kolkata31 May 2016AY 2009-10

Bench: : Shri S.S Viswanethra Ravi

For Appellant: S/Shri V.N Purohit & Harsh Vardhan Bhardwaj, FCA, ld.ARsFor Respondent: Shri Dinabandhu Naskar, JCIT, ld.DR
Section 143(3)Section 271Section 271(1)Section 274

…ars. The Apex Court in the case of Ashok Pai reported in 292 ITR 11 at page 19 has held that concealment of income and furnishing inaccurate particulars of income carry different connotations. The Gujarat High Court in the case of MANU ENGINEERING reported in 122 ITR 306 and the Delhi High Court in the case of VIRGO MARKETING reported in 171 Taxman 156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the Assessing Officer proposes to invoke the first limb being concealment, then the notice has to be appr…

Vaibhav Tulsyan, Kolkata vs. D.C.I.T CC - I, Kolkata

In the result, the appeals of assessee are allowed

ITA 736/KOL/2013[2006-07]Status: DisposedITAT Kolkata24 May 2016AY 2006-07

Bench: : Shri P.M. Jagtap & Shri S.S Viswanethra Ravi

For Appellant: Shri Amit Kumar, ACA, ld.AR
Section 132Section 132(4)Section 143(2)Section 153ASection 271(1)Section 274

…ars. The Apex Court in the case of Ashok Pai reported in 292 ITR 11 at page 19 has held that concealment of income and furnishing inaccurate particulars of income carry different connotations. The Gujarat High Court in the case of MANU ENGINEERING reported in 122 ITR 306 and the Delhi High Court in the case of VIRGO MARKETING reported in 171 Taxman 156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the Assessing Officer proposes to invoke the first limb being concealment, then the notice has to be appr…

Brij Kishor Prasad, Siliguri vs. C.I.T-Circle-I, Kolkata, Siliguri

In the result appeal by the Assessee is allowed

ITA 2482/KOL/2013[2009-10]Status: DisposedITAT Kolkata20 May 2016AY 2009-10

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ] Assessment Year : 2009-10

For Appellant: Miss Varsha Jalan, AdvocateFor Respondent: Shri A.K.Sinha, JCIT, Sr.DR
Section 271(1)Section 271(1)(c)Section 68

…ars. The Apex Court in the case of Ashok Pai reported in 292 ITR 11 at page 19 has held that concealment of income and furnishing inaccurate particulars of income carry different connotations. The Gujarat High Court in the case of MANU ENGINEERING reported in 122 ITR 306 and the Delhi High Court in the case of VIRGO MARKETING reported in 171 Taxman 156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the Assessing Officer proposes to invoke the first limb being concealment, then the notice has to be appr…

Gautam Jhunjhunwala, Kolkata vs. Income Tax Officer, Ward - 38(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 2403/KOL/2013[2009-10]Status: DisposedITAT Kolkata13 May 2016AY 2009-10

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Section 143(3)Section 271(1)(c)Section 274

…ars. The Apex Court in the case of Ashok Pai reported in 292 ITR 11 at page 19 has held that concealment of income and furnishing inaccurate particulars of income carry different connotations. The Gujarat High Court in the case of MANU ENGINEERING reported in 122 ITR 306 and the Delhi High Court in the case of VIRGO MARKETING reported in 171 Taxman 156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the Assessing Officer proposes to invoke the first limb being concealment, then the notice has to be appr…

Ishwari Prasad Tantia(HUF), Kolkata vs. D.C.I.T, CC_Xxiii, Kolkata

In the result, the appeal of the assessee is allowed

ITA 2385/KOL/2013[2009-2010]Status: DisposedITAT Kolkata13 May 2016AY 2009-2010

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Section 132Section 139(1)Section 143(3)Section 153CSection 271(1)(c)Section 274

…at page 19 has held that concealment of income and furnishing inaccurate particulars of income carry different connotations. The Gujarat High Court in the case of MANU ENGINEERING I.T.A. No. 2385/KOL./2013 Assessment year: 2009-2010 Page 5 of 7 reported in 122 ITR 306 and the Delhi High Court in the case of VIRGO MARKETING reported in 171 Taxman 156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the Assessing Officer proposes to invoke the first limb being concealment, then the notice has to be appr…

Sri Mahesh Kumar Murarka, Kolkata vs. I.T.O WD - 56(2), Kolkata

In the result, the appeal of the assessee is allowed

ITA 2304/KOL/2013[2006-07]Status: DisposedITAT Kolkata27 Apr 2016AY 2006-07

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Section 143(3)Section 271(1)(c)Section 274

…ars. The Apex Court in the case of Ashok Pai reported in 292 ITR 11 at page 19 has held that concealment of income and furnishing inaccurate particulars of income carry different connotations. The Gujarat High Court in the case of MANU ENGINEERING reported in 122 ITR 306 and the Delhi High Court in the case of VIRGO MARKETING reported in 171 Taxman 156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the Assessing Officer proposes to invoke the first limb being concealment, then the notice has to be appr…

M/S. B.K. Agarwalla & Sons, Dhanbad vs. ACIT, C.C. - VII, Kolkata

In the result, the appeal of the assessee is allowed

ITA 920/KOL/2011[2007-08]Status: DisposedITAT Kolkata15 Apr 2016AY 2007-08

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Section 132Section 143(3)Section 153ASection 153CSection 271(1)(c)Section 274

…ars. The Apex Court in the case of Ashok Pai reported in 292 ITR 11 at page 19 has held that concealment of income and furnishing inaccurate particulars of income carry different connotations. The Gujarat High Court in the case of MANU ENGINEERING reported in 122 ITR 306 and the Delhi High Court in the case of VIRGO MARKETING reported in 171 Taxman 156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the Assessing Officer proposes to invoke the first limb being concealment, then the notice has to be appr…

Shri. S. Suryanarayana, Bangalore vs. ITO, Bangalore

In the result, appeal of the assessee is allowed

ITA 128/BANG/2015[2010-11]Status: DisposedITAT Bangalore13 Apr 2016AY 2010-11

Bench: Shri. Abraham P. George & Shri. George George Ki.T.A No.128/Bang/2015 (Assessment Year : 2010-11) Shri. S. Suryanarayana, No.1505/29, 26Th Main, 40Th Cross, 9Th Block, Jayanagar, Bengaluru 560 069 .. Appellant Pan : Aikps1974M V. Income-Tax Officer, Ward – 4(4), Bengaluru .. Respondent Assessee By : Shri. Ravishankar S. V, Advocate Revenue By : Shri. Sunil Kumar Agarwala, Jcit Heard On : 11.04.2016 Pronounced On : 13.04.2016 O R D E R Per Abraham P. George: Assessee Through This Appeal Assails Levy Of Penalty U/S.271(1)(C) Of The Income-Tax Act, 1961 (‘The Act’ In Short), For The Impugned Assessment Year, Which Was Confirmed By The Cit(A) –Ii, Bengaluru.

For Appellant: Shri. Ravishankar S. V, AdvocateFor Respondent: Shri. Sunil Kumar Agarwala, JCIT
Section 271(1)Section 271(1)(c)Section 274

…e case of Ashok Pai reported in 292 ITR 11 at pages 19 has held that concealment of income and furnishing inaccurate particulars of income carry ITA.128/Bang/2016 Page - 7 different connotations. The Gujarat Court in the case of Manu Engineering reported in 122 ITR 306 and the be Delhi High Court in the case of Virgo Marketing reported in 171 Taxman 156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the AO proposes to invoke the first limb concealment, then the notice has to be appropriately marked.…

Dr. Vishnumoorthy Kaushik, Bangalore vs. DCIT, Bangalore

In the result, appeal of the assessee is allowed

ITA 111/BANG/2015[2011-12]Status: DisposedITAT Bangalore13 Apr 2016AY 2011-12

Bench: Shri. Abraham P. George & Shri. George George Ki.T.A No.111/Bang/2015 (Assessment Year : 2010-11) Dr. Vishnumurthy Kaushik, No.131, 7Th Main, 4Th Cross, 5Th Block, Jayanagar, Bengaluru 560 011 .. Appellant Pan : Ahypk6291L V. Deputy Commissioner Of Income-Tax, Circle -5(1), Bengaluru .. Respondent Assessee By : Shri. Ravishankar S. V, Advocate Revenue By : Shri. Sunil Kumar Agarwala, Jcit Heard On : 11.04.2016 Pronounced On : 12.04.2016 O R D E R Per Abraham P. George:

For Appellant: Shri. Ravishankar S. V, AdvocateFor Respondent: Shri. Sunil Kumar Agarwala, JCIT
Section 271(1)Section 271(1)(c)Section 274

…iculars. The Apex Court in the case of Ashok Pai reported in 292 ITR 11 at pages 19 has held that concealment of income and furnishing inaccurate particulars of income carry different connotations. The Gujarat Court in the case of Manu Engineering reported in 122 ITR 306 and the be Delhi High Court in the case of Virgo Marketing reported in 171 Taxman 156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the AO proposes to invoke the first limb concealment, then the notice has to be appropriately marked.…

S.M.Mumtazuddin, Kolkata vs. I.T.O WD - 36(2), Kolkata

In the result, appeal by the Assessee is allowed

ITA 1763/KOL/2013[2003-04]Status: DisposedITAT Kolkata06 Apr 2016AY 2003-04

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] I.T.A No. 1763/Kol/2013 Assessment Year : 2003-04

For Appellant: Shri Manish Tiwari, FCAFor Respondent: None
Section 143(3)Section 144Section 263Section 271Section 271(1)(c)Section 274

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH : KOLKATA [Before Hon’ble Sri N.V.Vasudevan, JM & Shri Waseem Ahmed, AM] I.T.A No. 1763/Kol/2013 Assessment Year : 2003-04 S.H.Mumtazuddin -vs.- I.T.O., Ward-36(2), Kolkata Kolkata [PAN : AANFS0982J) (Respondent) (Appellant) For the Appellant : Shri Manish Tiwari, FCA For the Respondent : None Date of Hearing : 17.03.2016. Date of Pronouncement : 6.4.2016. ORDER Per N.V.Vasudevan, JM This is an appeal by the assessee against the order dated 21.02.2013 of CIT(A)- XX, Kolkata, relating to AY 2003-04. 2. In this appeal the Assessee has challenged the order of CI…

Manoj Kumar Jain & Sons (HUF), Kolkata vs. ACIT, CC-IV, Kolkata

In the result appeals of the Assessee are allowed while the appeals by the revenue are dismissed

ITA 1238/KOL/2011[2002-03]Status: DisposedITAT Kolkata06 Apr 2016AY 2002-03

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ]

For Respondent: Shri Rajat Kumar Kureel, JCIT, Sr.DR
Section 132Section 132(4)Section 139Section 153ASection 153CSection 271(1)(c)

…ars. The Apex Court in the case of Ashok Pai reported in 292 ITR 11 at page 19 has held that concealment of income and furnishing inaccurate particulars of income carry different connotations. The Gujarat High Court in the case of MANU ENGINEERING reported in 122 ITR 306 and the Delhi High Court in the case of VIRGO MARKETING reported in 171 Taxman 156, has held that levy of penalty has to be clear as to the limb for which ITA No. 1238 to 1243/Kol/2011 & ITA Nos. 1183 to 1187/Kol/2011 M/S.Manoj Kumar Jain & Sons (HUF) it is levied and the position being unclear penalty is not sustainable. Therefore, when the Ass…

ACIT, CC-IV, Kolkata vs. Manoj Kr. Jain & Sons (HUF), Kolkata

In the result appeals of the Assessee are allowed while the appeals by the revenue are dismissed

ITA 1183/KOL/2011[2002-03]Status: DisposedITAT Kolkata06 Apr 2016AY 2002-03

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ]

For Respondent: Shri Rajat Kumar Kureel, JCIT, Sr.DR
Section 132Section 132(4)Section 139Section 153ASection 153CSection 271(1)(c)

…ars. The Apex Court in the case of Ashok Pai reported in 292 ITR 11 at page 19 has held that concealment of income and furnishing inaccurate particulars of income carry different connotations. The Gujarat High Court in the case of MANU ENGINEERING reported in 122 ITR 306 and the Delhi High Court in the case of VIRGO MARKETING reported in 171 Taxman 156, has held that levy of penalty has to be clear as to the limb for which ITA No. 1238 to 1243/Kol/2011 & ITA Nos. 1183 to 1187/Kol/2011 M/S.Manoj Kumar Jain & Sons (HUF) it is levied and the position being unclear penalty is not sustainable. Therefore, when the Ass…

Thakur Prasad Sao & Sons (P) Ltd, Kolkata vs. D.C.I.T CC - Xvii, Kolkata

In the result the appeals of the assessee are allowed

ITA 1534/KOL/2013[2006-07]Status: DisposedITAT Kolkata23 Mar 2016AY 2006-07

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ]

For Appellant: Shri Amit Kumar ACAFor Respondent: Shri Rajat Subhra Biswas, CIT, ld.DR
Section 132(1)Section 132(4)Section 133ASection 139(1)Section 14ASection 153ASection 271(1)

…ars. The Apex Court in the case of Ashok Pai reported in 292 ITR 11 at page 19 has held that concealment of income and furnishing inaccurate particulars of income carry different connotations. The Gujarat High Court in the case of MANU ENGINEERING reported in 122 ITR 306 and the Delhi High Court in the case of VIRGO MARKETING reported in 171 Taxman 156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the Assessing Officer proposes to invoke the first limb being concealment, then the notice has to be appr…

Jain Infra Projects Ltd.(Since Taken Over Bangal Construction Co.), Kolkata vs. ACIT, CC-IV, Kolkata

In the result the appeals of the assessee are allowed and appeals of the revenue are dismissed

ITA 1234/KOL/2011[2006-07]Status: DisposedITAT Kolkata23 Mar 2016AY 2006-07

Bench: : Shri N.V.Vasudevan & Shri M. Balaganesh

For Appellant: Shri Amit Kumar, ACA, ld.ARFor Respondent: Shri Rajat Kumar Kureel, JCIT, ld.Sr.DR
Section 132(1)Section 132(4)Section 153ASection 271(1)

…ars. The Apex Court in the case of Ashok Pai reported in 292 ITR 11 at page 19 has held that concealment of income and furnishing inaccurate particulars of income carry different connotations. The Gujarat High Court in the case of MANU ENGINEERING reported in 122 ITR 306 and the Delhi High Court in the case of VIRGO MARKETING reported in 171 Taxman 156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the Assessing Officer proposes to invoke the first limb being concealment, then the notice has to be appr…

Dr. Dinesh Jain, Mumbai vs. ITO 11(2)(2), Mumbai

In the result, the appeals filed by the assessee are allowed

ITA 2234/MUM/2014[2007-08]Status: DisposedITAT Mumbai03 Mar 2016AY 2007-08

Bench: Shri D. Karunakara Rao, Am & Shri Sandeep Gosain, Jm आयकर अपील सं./ I.T.A. No. 2234/Mum/2014 & आयकर अपील सं./ I.T.A. No. 2235/Mum/2014 ("नधा"रण वष" / Assessment Year: 2007-08 & 2006-07) Dr. Dinesh Jain Ito 11(2)(2) C/O. R. Sanghvi & Co Aaykar Bhavan 4Th Floor 104, Rizvi Chambers-2, बनाम/ Jain Mandir Marg, Churchgate Vs. Off Hill Road, Mumbai-20. Bandra(W), Mumbai-400 050. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaapj 8040P (अपीलाथ" /Appellant) (""यथ" / Respondent) :

For Appellant: Shri A.K. Srivastava
Section 271(1)(c)Section 274

…entioned that relying on the judgment of the Hon'ble Supreme Court in ITA No. 2234&2235/M/14 (A.Y. 07-08 &06-07) Dr. Dinesh Jain vs. ITO the case of Ashok Pai 292 ITR 11 and also the judgment of the Hon'ble Gujarat High Court in the case of Manu Engineering 122 ITR 306 together with Delhi High Court judgment in the case of Virgo Marketing 171 Taxmann 156, the levy of the penalty has to be clear as to the limb of which it is levied and when the position being unclear, then the penalty is not sustainable. The Ld. Counsel also relied on co-ordinate '1Jench ruling (lTAT Mumbai) in the case of Samson Perinchery…

DCIT, C.C. I, Kolkata vs. Amarnath Shroff, Kolkata

In the result ITA Nos.1797 to 1800/Kol/2009 are allowed while ITA Nos

ITA 1494/KOL/2010[2001-02]Status: DisposedITAT Kolkata02 Mar 2016AY 2001-02

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am ]

For Respondent: Shri Anil Kumar Pande, JCIT, Sr.DR
Section 132Section 132(4)Section 139(1)Section 153ASection 271(1)(c)Section 274

…ars. The Apex Court in the case of Ashok Pai reported in 292 ITR 11 at page 19 has held that concealment of income and furnishing inaccurate particulars of income carry different connotations. The Gujarat High Court in the case of MANU ENGINEERING reported in 122 ITR 306 and the Delhi High Court in the case of VIRGO MARKETING reported in 171 Taxman 156, has held that levy of penalty has to be clear as to the limb for which it is levied and the position being unclear penalty is not sustainable. Therefore, when the Assessing Officer proposes to invoke the first limb being concealment, then the notice has to be appr…