Grihalakshmi Vision v. Assistant Commissioner of Income Tax

379 ITR 100High Court2015#4933 most cited

What is Grihalakshmi Vision v. Assistant Commissioner of Income Tax authority for?

The satisfaction of the Assessing Officer is not a prerequisite for the initiation of penalty proceedings. Penalty proceedings initiated by the Joint Commissioner of Income Tax are valid. The date of the show cause notice by the penalty imposing authority is relevant for computing limitation for imposing penalty under Section 271DA.

24

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2026.

Also referred to as

Grihalakshmi Vision v. ACIT · section 271D · section 271DA · section 269SS · penalty proceedings · satisfaction of AO · limitation · show cause notice

Issues it is cited on

Judgments citing Grihalakshmi Vision v. Assistant Commissioner of Income Tax

MSN LABORATORIES PRIVATE LIMITED,HYDERABAD vs. ADDL. CIT, CENTRAL RANGE-2, HYDERABAD

In the result, the appeals filed by the assessee for the A

ITA 2172/HYD/2025[2021-22]Status: DisposedITAT Hyderabad25 Feb 2026AY 2021-22

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha G.आ.अपी.सं /Ita Nos. 2164, 2165, 2171 & 2172/Hyd/2025 (िनधा"रण वष"/Assessment Years: 2018-19 To 2021-22) M/S. Msn Laboratories (P) Ltd Vs. Additional Cit Hyderabad Central Range-2 Pan:Aadcm6283F Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri M.V. Prasad, Ca राज" व "ारा/Revenue By: Dr. Sachin Kumar, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 21/01/2026 घोषणा की तारीख/Pronouncement: 25/02/2026 आदेश/Order Per. Manjunatha, G. A.M. These Four Appeals Filed By The Assessee Are Directed Against The Separate, But Identical Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad, All Dated 08/10/2025 For The A.Ys 2018-19 To 2021-22 Respectively. Since, Identical Issues Have Been Raised By The Assessee In All These Four Appeals, For The Sake Of Convenience, These Appeals Were Heard Together & Are Being Disposed Off, By This Common Consolidated Order.

For Appellant: Shri M.V. Prasad, CAFor Respondent: Dr. Sachin Kumar, Sr. AR
Section 132Section 153ASection 269Section 271DSection 274

…limitation, but the fact remains that as per the circular No.9 of 2016, dated 26/04/2016, the Board has clarified in the light of the decision of the Hon'ble Kerala High Court in the case of Grihalakshmi Vision vs. Assistant Commissioner of Income Tax (2015) 379 ITR 100 (Kerala) that the competent authority for imposition of penalty under section 271DA of the Act for violation of section 269ST is the Jt. Page 13 of 33 ITA Nos 2164 2165 2171 and 2172 MSN Laboratories P Ltd Commissioner of Income Tax and therefore, it is the date on which the authority imposing penalty issued a show cause notice under section 2…

MSN LABORATORIES PRIVATE LIMITED,HYDERABAD vs. ADDL CIT, CENTRAL RANGE-2, HYDERABAD

In the result, the appeals filed by the assessee for the A

ITA 2165/HYD/2025[2019-20]Status: DisposedITAT Hyderabad25 Feb 2026AY 2019-20

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha G.आ.अपी.सं /Ita Nos. 2164, 2165, 2171 & 2172/Hyd/2025 (िनधा"रण वष"/Assessment Years: 2018-19 To 2021-22) M/S. Msn Laboratories (P) Ltd Vs. Additional Cit Hyderabad Central Range-2 Pan:Aadcm6283F Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri M.V. Prasad, Ca राज" व "ारा/Revenue By: Dr. Sachin Kumar, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 21/01/2026 घोषणा की तारीख/Pronouncement: 25/02/2026 आदेश/Order Per. Manjunatha, G. A.M. These Four Appeals Filed By The Assessee Are Directed Against The Separate, But Identical Orders Passed By The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad, All Dated 08/10/2025 For The A.Ys 2018-19 To 2021-22 Respectively. Since, Identical Issues Have Been Raised By The Assessee In All These Four Appeals, For The Sake Of Convenience, These Appeals Were Heard Together & Are Being Disposed Off, By This Common Consolidated Order.

For Appellant: Shri M.V. Prasad, CAFor Respondent: Dr. Sachin Kumar, Sr. AR
Section 132Section 153ASection 269Section 271DSection 274

…limitation, but the fact remains that as per the circular No.9 of 2016, dated 26/04/2016, the Board has clarified in the light of the decision of the Hon'ble Kerala High Court in the case of Grihalakshmi Vision vs. Assistant Commissioner of Income Tax (2015) 379 ITR 100 (Kerala) that the competent authority for imposition of penalty under section 271DA of the Act for violation of section 269ST is the Jt. Page 13 of 33 ITA Nos 2164 2165 2171 and 2172 MSN Laboratories P Ltd Commissioner of Income Tax and therefore, it is the date on which the authority imposing penalty issued a show cause notice under section 2…

ITO - 1(1)(3), MUMBAI vs. M/S FILM WAVES COMBINES P. LTD., MUMBAI

In the result, the appeal filed by the revenue is hereby dismissed and cross objection filed by the assessee is hereby allowed

ITA 170/MUM/2021[2010-11]Status: DisposedITAT Mumbai29 Apr 2022AY 2010-11

Bench: Shri Amarjit Singh, Jm & Amarjit Singh, Am आयकर अपील सं/ I.T.A. No. 170/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2010-11) Ito-1(1)(3) बिधम/ M/S. Film Waves Combines Room No.531A, 5Th Floor, Pvt. Ltd. Vs. 7Th Floor, Mehta Mahal, Aayakar Bhavan, M. K. Opera House, Mumbai- Road, Mumbai-400020. 400004. & Cross Objection No.10/Mum/2022 आयकर अपील सं/ I.T.A. No. 170/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2010-11) M/S. Film Waves Combines बिधम/ Ito-1(1)(3) Room No.531A, 5Th Floor, Pvt. Ltd. Vs. 7Th Floor, Mehta Mahal, Aayakar Bhavan, M. K. Opera House, Mumbai- Road, Mumbai-400020. 400004. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacf2525Q (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Achal Sharma (Dr) Assessee By: Shri P.P. Bhandari सुनवाई की तारीख / Date Of Hearing: 28/02/2022 घोषणा की तारीख /Date Of Pronouncement: 29/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue As Well As Assessee Have Filed The Above Mentioned Appeal As Well As Cross-Objection Against The Order Dated 24.09.2020 Passed By The Commissioner Of Income Tax (Appeals)-48, Mumbai [Hereinafter C.O. No.10/Mum/2022 A.Y.2010-11 Referred To As The “Cit(A)”] Relevant To The A.Y.2010-11 In Which The Penalty Levied By The Ao Has Been Ordered To Be Deleted.

For Appellant: Shri P.P. BhandariFor Respondent: Shri Achal Sharma (DR)
Section 143(3)Section 269SSection 271DSection 273BSection 274

…urt who dismissed the appeal of the revenue in the case of CIT Vs. Hissaria Bros. 386 ITR 719. No doubt, at the time of argument, the Ld. Representative of the DR has strongly placed reliance upon the decision in the case of Grhalakshmi Vision Vs. ACIT (2015) 379 ITR 100 in which it is specifically held that the penalty is liable to be reckoned from the notice issued by ACIT but in the instant case also if the period be reckoned from the initiation of notice by ACIT then the limitation period 5 C.O. No.10/Mum/2022 A.Y.2010-11 has also been expired that the said decision is contrary to the decision of the Hissari…

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