What is Dilip N. Shroff v. Jt. CIT authority for?

Mens rea is a necessary ingredient to attract penalty under Section 271(1)(c) of the Income Tax Act, as 'inaccurate' signifies a deliberate act or omission by the assessee. Clause (iii) of Section 271(1) grants discretionary jurisdiction to the assessing authority regarding penalty amounts.

How many judgments cite Dilip N. Shroff v. Jt. CIT?

236 judgments on BharatTax cite Dilip N. Shroff v. Jt. CIT (161 Taxmann 218), spanning 2010 to 2025.

Which sections of the Income Tax Act does Dilip N. Shroff v. Jt. CIT come up under?

It is most often cited in judgments turning on Section 271(1)(c), Section 274, Section 271AAB, Section 143(3), Section 153A, Section 132.

Dilip N. Shroff v. Jt. CIT (161 Taxmann 218)

Winsmile Infrastructure P. Ltd, Mumbai vs. ACIT 8(3), Mumbai

In the result, the appeal filed by assessee is allowed

ITA 2935/MUM/2013[2006-07]Status: DisposedITAT Mumbai19 Oct 2016AY 2006-07

Bench: Shri R.C.Sharma & Shri Pawan Singhm/S Winsmile Infrastructure Pvt. Ltd., Acit-8(3), 255, Sharma Estate, S. V. Road, Mumbai. Vs. Jogeshwari (West), Mumbai. Pan: Aaacw3470D (Appellant) (Respondent) Assessee By : Shri Dr. K.Shivaram & Rahul Hakani (Ar’S) Revenue By : Ms. Mahua Sarkar (Dr) Date Of Hearing : 29.09.2016 Date Of Pronouncement : 19.10.2016 O R D E R Per Pawan Singh, Jm: 1. This Appeal U/S. 253 Of Income Tax Act (,Act’) Is Directed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-38, Mumbai Dated 21.02.2013 For Assessment Years (Ay) 2006-07. 2. The Brief Facts Of The Case Are That Assessee-Company Filed Its Return Of Income For Relevant Ay On 21.11.2009, Declaring Total Income Of Rs.95,530/-. Subsequently, The Action U/S 133A Of The Act Was Carried Out On 08.03.2010. & The Case Of Assessee Was Reopened. Notice U/S 148 Was Issued On 20.10.2010. In Response To The Notice, The Assessee-Company Filed Revised Return Of Income On 12.08.2011 Declaring Total Income Of Rs. 62,38,023/-. In The Revised Return Of Income, The Assessee Included Rs. 45 Lakhs Which The Assessee Has Write Off In Its Books Of Account In Ay 2006-07, Thus The Penalty Proceeding Was Initiated Against The Assessee & The Assessing Officer (Ao) Levied The Penalty Of Rs. 20,67,563/- Being Minimum Penalty On M/S Winsmile Infrastructure Pvt. Ltd.

For Appellant: Shri Dr. K.Shivaram & RahulFor Respondent: Ms. Mahua Sarkar (DR)

Section 133ASection 148Section 253Section 274

…t everything would depend upon the return filed because that is the only document, where the assessee can furnish the particulars of his income. When such particulars are found to be inaccurate, the liability would arise. 13. In Dilip N. Shroff v. CIT [(2007) 6 SCC 329] this Court explained the terms "concealment of income" and "furnishing inaccurate particulars". The Court went on to hold therein that in order to attract the penalty under Section 271 (1)( c), mens rea was necessary, as according to the Court, the word "inaccurate" signified a dehberate act or omission on behalf of the assessee. It went on to hol…

ITO 3(1)(3), Mumbai vs. Cyrus Engineers P.Ltd, Mumbai

In the result, the revenue’s appeal is dismissed

ITA 4552/MUM/2014[1997-98]Status: DisposedITAT Mumbai26 Aug 2016AY 1997-98

Bench: Shri Jason P. Boaz, Am & Shri Sandeep Gosain, Jm आयकर अपील सं./ I.T.A. No. 4552/Mum/2014 ("नधा"रण वष" / Assessment Year: 1997-98)

For Appellant: Shri Bihanlal

Section 143(3)Section 2(14)(iii)Section 271Section 271(1)(c)

…he return filed because that is the only document, where the assessee can furnish the particulars of his income. When such particulars are found to be inaccurate, the liability would arise. In Dilip N. Shroff us. Jt. CIT & Anr. (2007) 210 CTR (SC) 228: (2007) 6 SCC 329, this Court explained the terms "concealment of income" and "furnishing inaccurate particulars". The Court went on to hold therein that in order to attract the penalty under s. 271 (1)(c), mens rea was necessary, as according to the Court, the word "inaccurate" signified a deliberate act or omission on behalf of the assessee. It went on to hold tha…