K.V. Ramachandran v. DCIT

58 SOT 264Income Tax Appellate Tribunal#7060 most cited

What is K.V. Ramachandran v. DCIT authority for?

A penalty for not obtaining a tax audit report is not valid if the assessee was unable to maintain proper books of account, as a prerequisite for the audit is the maintenance of accounts.

16

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2019 to 2023.

Also referred to as

K.V. Ramachandran · DCIT · penalty · section 271B · failure to obtain audit report · books of account not maintained · section 44AB

Judgments citing K.V. Ramachandran v. DCIT

Bijay Kumar Rout, Cuttack vs. ITO, Ward-2 (3), Cuttack

In the result, appeal of the assessee stands allowed

ITA 187/CTK/2022[2012-13]Status: HeardITAT Cuttack19 Apr 2023AY 2012-13

Bench: Before Shri George Mathan, Judicialassessment Year : 2012-13 Bijaya Kumar Rout, At/Po: Kumar Rout, At/Po: Vs. Income Tax Officer, Ward Income Tax Officer, Ward Dall Mill Lane, Bajrakabati Dall Mill Lane, Bajrakabati 2(3), Cuttack 2(3), Cuttack Road, Dist: Cuttack Road, Dist: Cuttack Pan/Gir No. Pan/Gir No.Adupr 8768 F (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri S.K.Sarangi, Ca S.K.Sarangi, Ca Revenue By : Shri S.C.Mohanty, Sr Dr S.C.Mohanty, Sr Dr Date Of Hearing : 19 /0 04/2023 Date Of Pronouncement : 19/0 /04/2023 O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), , Nfac, Nfac, Delhi, Delhi, Dated 31.10.2022 31.10.2022 In Appeal No.Itba/Nfac/S/250/2022 Nfac/S/250/2022-23/1046528073(1) For The Assessment Year For The Assessment Year 2012-13. 2. Shri S.K.Sarangi, Ca Appeared For The Assessee & Shri Shri S.K.Sarangi, Ca Appeared For The Assessee & Shri Shri S.K.Sarangi, Ca Appeared For The Assessee & Shri S.C.Mohanty, Ld Sr Dr Appeared For The Revenue. S.C.Mohanty, Ld Sr Dr Appeared For The Revenue.

For Appellant: Shri S.K.Sarangi, CAFor Respondent: Shri S.C.Mohanty, Sr DR
Section 271ASection 271B

…IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK ‘SMC’ BENCH, CUTTACK , CUTTACK BEFORE BEFORE SHRI GEORGE MATHAN, JUDICIAL JUDICIAL MEMBER Assessment Year : 2012-13 Bijaya Kumar Rout, At/PO: Kumar Rout, At/PO: Vs. Income Tax Officer, Ward Income Tax Officer, Ward Dall Mill Lane, Bajrakabati Dall Mill Lane, Bajrakabati 2(3), Cuttack 2(3), Cuttack Road, Dist: Cuttack Road, Dist: Cuttack PAN/GIR No. PAN/GIR No.ADUPR 8768 F (Appellant (Appellant) .. ( Respondent Respondent) Assessee by : Shri S.K.Sarangi, CA S.K.Sarangi, CA Revenue by : Shri S.C…

Peroorkada Service Co-Op Bank Ltd, Trivandrum vs. The ITO, Trivandrum

In the result, the appeal filed by the assessee is allowed and the stay application is dismissed

ITA 32/COCH/2021[2015-16]Status: DisposedITAT Cochin29 Jun 2022AY 2015-16

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am

For Appellant: Sri.Amaljit P.J., CAFor Respondent: Smt.J.M.Jamunna Devi, Sr.DR
Section 27Section 271BSection 44A

…ned by the appellant. When books of accounts itself are not prescribed levy of penalty for not getting the accounts audited is not valid. This view was expressed by Honourable ITAT Cochin Bench in the case of K.V Ramachandran vs. DCIT Circle 1(1) Kannur. 2013 58 SOT 264 (Cochin Trib). C. The Assessing Officer erred in not considering the reasonable cause for not furnishing the audit report in time. The penalty proceedings is time barred by limitation. D. The assessing officer erred in not obtaining the prior approval of the Joint Commissioner. E. Assessing officer erred in imposing penalty u/s 27 18 for filing th…

Dy. Commissioner of Income Tax, Central Circle-1(3), Hyderabad vs. Asr Engineering and Projects Limited, Hyderabad

In the result, a) ITA Nos

ITA 226/HYD/2019[2012-13]Status: DisposedITAT Hyderabad30 Aug 2019AY 2012-13

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmansrl Appeal Number Pan A.Y. Appellant Respondent 1

Section 132Section 139(1)Section 143(3)Section 153A

…2011-12, the ld. AR submitted that the assessee was unable to comply with the provisions of section 44AB since proper books of account could not be maintained, and relied upon a decision of the Kochi Bench of the ITA in the case of K.V. Ramachandran Vs. DCIT, 58 SOT 264. 22. After considering the submissions of the assessee, the CIT(A) confirmed the penalty levied by the AO u/s 271B by observing as under: “7. I have gone through the facts of the case and submissions of the assessee. On careful consideration for A.Yrs. 2008-09, 2009-10 & 2010-11, it is seen that in the circumstances of the case, characterized by n…

Dy. Commissioner of Income Tax, Central Circle-1(3), Hyderabad vs. Asr Engineering and Projects Limited, Hyderabad

In the result, a) ITA Nos

ITA 225/HYD/2019[2012-13]Status: DisposedITAT Hyderabad30 Aug 2019AY 2012-13

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmansrl Appeal Number Pan A.Y. Appellant Respondent 1

Section 132Section 139(1)Section 143(3)Section 153A

…2011-12, the ld. AR submitted that the assessee was unable to comply with the provisions of section 44AB since proper books of account could not be maintained, and relied upon a decision of the Kochi Bench of the ITA in the case of K.V. Ramachandran Vs. DCIT, 58 SOT 264. 22. After considering the submissions of the assessee, the CIT(A) confirmed the penalty levied by the AO u/s 271B by observing as under: “7. I have gone through the facts of the case and submissions of the assessee. On careful consideration for A.Yrs. 2008-09, 2009-10 & 2010-11, it is seen that in the circumstances of the case, characterized by n…

Dy. Commissioner of Income Tax, Central Circle-1(3), Hyderabad vs. Asr Engineering and Projects Limited, Hyderabad

In the result, a) ITA Nos

ITA 224/HYD/2019[2011-12]Status: DisposedITAT Hyderabad30 Aug 2019AY 2011-12

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmansrl Appeal Number Pan A.Y. Appellant Respondent 1

Section 132Section 139(1)Section 143(3)Section 153A

…2011-12, the ld. AR submitted that the assessee was unable to comply with the provisions of section 44AB since proper books of account could not be maintained, and relied upon a decision of the Kochi Bench of the ITA in the case of K.V. Ramachandran Vs. DCIT, 58 SOT 264. 22. After considering the submissions of the assessee, the CIT(A) confirmed the penalty levied by the AO u/s 271B by observing as under: “7. I have gone through the facts of the case and submissions of the assessee. On careful consideration for A.Yrs. 2008-09, 2009-10 & 2010-11, it is seen that in the circumstances of the case, characterized by n…

Dy. Commissioner of Income Tax, Central Circle-1(3), Hyderabad vs. Asr Engineering and Projects Limited, Hyderabad

In the result, a) ITA Nos

ITA 223/HYD/2019[2010-11]Status: DisposedITAT Hyderabad30 Aug 2019AY 2010-11

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmansrl Appeal Number Pan A.Y. Appellant Respondent 1

Section 132Section 139(1)Section 143(3)Section 153A

…2011-12, the ld. AR submitted that the assessee was unable to comply with the provisions of section 44AB since proper books of account could not be maintained, and relied upon a decision of the Kochi Bench of the ITA in the case of K.V. Ramachandran Vs. DCIT, 58 SOT 264. 22. After considering the submissions of the assessee, the CIT(A) confirmed the penalty levied by the AO u/s 271B by observing as under: “7. I have gone through the facts of the case and submissions of the assessee. On careful consideration for A.Yrs. 2008-09, 2009-10 & 2010-11, it is seen that in the circumstances of the case, characterized by n…

Dy. Commissioner of Income Tax, Central Circle-1(3), Hyderabad vs. Asr Engineering and Projects Limited, Hyderabad

In the result, a) ITA Nos

ITA 222/HYD/2019[2009-10]Status: DisposedITAT Hyderabad30 Aug 2019AY 2009-10

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmansrl Appeal Number Pan A.Y. Appellant Respondent 1

Section 132Section 139(1)Section 143(3)Section 153A

…2011-12, the ld. AR submitted that the assessee was unable to comply with the provisions of section 44AB since proper books of account could not be maintained, and relied upon a decision of the Kochi Bench of the ITA in the case of K.V. Ramachandran Vs. DCIT, 58 SOT 264. 22. After considering the submissions of the assessee, the CIT(A) confirmed the penalty levied by the AO u/s 271B by observing as under: “7. I have gone through the facts of the case and submissions of the assessee. On careful consideration for A.Yrs. 2008-09, 2009-10 & 2010-11, it is seen that in the circumstances of the case, characterized by n…

Dy. Commissioner of Income Tax, Central Circle-1(3)., Hyderabad vs. Sai Sudhir Infrastructures Limited, Hyderabad

In the result, a) ITA Nos

ITA 1385/HYD/2017[2012-13]Status: DisposedITAT Hyderabad30 Aug 2019AY 2012-13

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmansrl Appeal Number Pan A.Y. Appellant Respondent 1

Section 132Section 139(1)Section 143(3)Section 153A

…2011-12, the ld. AR submitted that the assessee was unable to comply with the provisions of section 44AB since proper books of account could not be maintained, and relied upon a decision of the Kochi Bench of the ITA in the case of K.V. Ramachandran Vs. DCIT, 58 SOT 264. 22. After considering the submissions of the assessee, the CIT(A) confirmed the penalty levied by the AO u/s 271B by observing as under: “7. I have gone through the facts of the case and submissions of the assessee. On careful consideration for A.Yrs. 2008-09, 2009-10 & 2010-11, it is seen that in the circumstances of the case, characterized by n…

Dy. Commissioner of Income Tax, Central Circle-1(3)., Hyderabad vs. Sai Sudhir Infrastructures Limited, Hyderabad

In the result, a) ITA Nos

ITA 1384/HYD/2017[2011-12]Status: DisposedITAT Hyderabad30 Aug 2019AY 2011-12

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmansrl Appeal Number Pan A.Y. Appellant Respondent 1

Section 132Section 139(1)Section 143(3)Section 153A

…2011-12, the ld. AR submitted that the assessee was unable to comply with the provisions of section 44AB since proper books of account could not be maintained, and relied upon a decision of the Kochi Bench of the ITA in the case of K.V. Ramachandran Vs. DCIT, 58 SOT 264. 22. After considering the submissions of the assessee, the CIT(A) confirmed the penalty levied by the AO u/s 271B by observing as under: “7. I have gone through the facts of the case and submissions of the assessee. On careful consideration for A.Yrs. 2008-09, 2009-10 & 2010-11, it is seen that in the circumstances of the case, characterized by n…

Dy. Commissioner of Income Tax, Central Circle-1(3)., Hyderabad vs. Sai Sudhir Infrastructures Limited, Hyderabad

In the result, a) ITA Nos

ITA 1383/HYD/2017[2010-11]Status: DisposedITAT Hyderabad30 Aug 2019AY 2010-11

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmansrl Appeal Number Pan A.Y. Appellant Respondent 1

Section 132Section 139(1)Section 143(3)Section 153A

…2011-12, the ld. AR submitted that the assessee was unable to comply with the provisions of section 44AB since proper books of account could not be maintained, and relied upon a decision of the Kochi Bench of the ITA in the case of K.V. Ramachandran Vs. DCIT, 58 SOT 264. 22. After considering the submissions of the assessee, the CIT(A) confirmed the penalty levied by the AO u/s 271B by observing as under: “7. I have gone through the facts of the case and submissions of the assessee. On careful consideration for A.Yrs. 2008-09, 2009-10 & 2010-11, it is seen that in the circumstances of the case, characterized by n…

Dy. Commsioner of Income Tax, Central Circle-1(3)., Hyderabad vs. Sai Sudhir Infrastructures Limited., Hyderabad

In the result, a) ITA Nos

ITA 1382/HYD/2017[2009-10]Status: DisposedITAT Hyderabad30 Aug 2019AY 2009-10

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmansrl Appeal Number Pan A.Y. Appellant Respondent 1

Section 132Section 139(1)Section 143(3)Section 153A

…2011-12, the ld. AR submitted that the assessee was unable to comply with the provisions of section 44AB since proper books of account could not be maintained, and relied upon a decision of the Kochi Bench of the ITA in the case of K.V. Ramachandran Vs. DCIT, 58 SOT 264. 22. After considering the submissions of the assessee, the CIT(A) confirmed the penalty levied by the AO u/s 271B by observing as under: “7. I have gone through the facts of the case and submissions of the assessee. On careful consideration for A.Yrs. 2008-09, 2009-10 & 2010-11, it is seen that in the circumstances of the case, characterized by n…

Asr Enginering & Projects Limited (Formerly Sai Sudhir Infrastructures Limited), Hyderabad vs. Dy. Commissioner of Income Tax, Central Circle-1(3), Hyderabad

In the result, a) ITA Nos

ITA 1136/HYD/2017[2011-12]Status: DisposedITAT Hyderabad30 Aug 2019AY 2011-12

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmansrl Appeal Number Pan A.Y. Appellant Respondent 1

Section 132Section 139(1)Section 143(3)Section 153A

…2011-12, the ld. AR submitted that the assessee was unable to comply with the provisions of section 44AB since proper books of account could not be maintained, and relied upon a decision of the Kochi Bench of the ITA in the case of K.V. Ramachandran Vs. DCIT, 58 SOT 264. 22. After considering the submissions of the assessee, the CIT(A) confirmed the penalty levied by the AO u/s 271B by observing as under: “7. I have gone through the facts of the case and submissions of the assessee. On careful consideration for A.Yrs. 2008-09, 2009-10 & 2010-11, it is seen that in the circumstances of the case, characterized by n…

Asr Enginering & Projects Limited (Formerly Sai Sudhir Infrastructures Limited), Hyderabad vs. Dy. Commissioner of Income Tax, Central Circle-1(3), Hyderabad

In the result, a) ITA Nos

ITA 1135/HYD/2017[2010-11]Status: DisposedITAT Hyderabad30 Aug 2019AY 2010-11

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmansrl Appeal Number Pan A.Y. Appellant Respondent 1

Section 132Section 139(1)Section 143(3)Section 153A

…2011-12, the ld. AR submitted that the assessee was unable to comply with the provisions of section 44AB since proper books of account could not be maintained, and relied upon a decision of the Kochi Bench of the ITA in the case of K.V. Ramachandran Vs. DCIT, 58 SOT 264. 22. After considering the submissions of the assessee, the CIT(A) confirmed the penalty levied by the AO u/s 271B by observing as under: “7. I have gone through the facts of the case and submissions of the assessee. On careful consideration for A.Yrs. 2008-09, 2009-10 & 2010-11, it is seen that in the circumstances of the case, characterized by n…

Asr Enginering & Projects Limited (Formerly Sai Sudhir Infrastructures Limited), Hyderabad vs. Dy. Commissioner of Income Tax, Central Circle-1(3), Hyderabad

In the result, a) ITA Nos

ITA 1134/HYD/2017[2009-10]Status: DisposedITAT Hyderabad30 Aug 2019AY 2009-10

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmansrl Appeal Number Pan A.Y. Appellant Respondent 1

Section 132Section 139(1)Section 143(3)Section 153A

…2011-12, the ld. AR submitted that the assessee was unable to comply with the provisions of section 44AB since proper books of account could not be maintained, and relied upon a decision of the Kochi Bench of the ITA in the case of K.V. Ramachandran Vs. DCIT, 58 SOT 264. 22. After considering the submissions of the assessee, the CIT(A) confirmed the penalty levied by the AO u/s 271B by observing as under: “7. I have gone through the facts of the case and submissions of the assessee. On careful consideration for A.Yrs. 2008-09, 2009-10 & 2010-11, it is seen that in the circumstances of the case, characterized by n…

Asr Enginering & Projects Limited (Formerly Sai Sudhir Infrastructures Limited), Hyderabad vs. Dy. Commissioner of Income Tax, Central Circle-1(3), Hyderabad

In the result, a) ITA Nos

ITA 1133/HYD/2017[2008-09]Status: DisposedITAT Hyderabad30 Aug 2019AY 2008-09

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmansrl Appeal Number Pan A.Y. Appellant Respondent 1

Section 132Section 139(1)Section 143(3)Section 153A

…2011-12, the ld. AR submitted that the assessee was unable to comply with the provisions of section 44AB since proper books of account could not be maintained, and relied upon a decision of the Kochi Bench of the ITA in the case of K.V. Ramachandran Vs. DCIT, 58 SOT 264. 22. After considering the submissions of the assessee, the CIT(A) confirmed the penalty levied by the AO u/s 271B by observing as under: “7. I have gone through the facts of the case and submissions of the assessee. On careful consideration for A.Yrs. 2008-09, 2009-10 & 2010-11, it is seen that in the circumstances of the case, characterized by n…

Asr Enginering & Projects Limited (Formerly Sai Sudhir Infrastructures Limited), Hyderabad vs. Dy. Commissioner of Income Tax, Central Circle-1(3), Hyderabad

In the result, a) ITA Nos

ITA 1132/HYD/2017[2007-08]Status: DisposedITAT Hyderabad30 Aug 2019AY 2007-08

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahmansrl Appeal Number Pan A.Y. Appellant Respondent 1

Section 132Section 139(1)Section 143(3)Section 153A

…2011-12, the ld. AR submitted that the assessee was unable to comply with the provisions of section 44AB since proper books of account could not be maintained, and relied upon a decision of the Kochi Bench of the ITA in the case of K.V. Ramachandran Vs. DCIT, 58 SOT 264. 22. After considering the submissions of the assessee, the CIT(A) confirmed the penalty levied by the AO u/s 271B by observing as under: “7. I have gone through the facts of the case and submissions of the assessee. On careful consideration for A.Yrs. 2008-09, 2009-10 & 2010-11, it is seen that in the circumstances of the case, characterized by n…

K.V. Ramachandran v. DCIT (58 SOT 264) — Cited in 16 Judgments | BharatTax