Kantamani Venkata Narayana and Sons. v. First AddllTO

63 ITR 638Supreme Court of India1967#3864 most cited

What is Kantamani Venkata Narayana and Sons. v. First AddllTO authority for?

In proceedings challenging the reopening of an assessment, the High Court's role is limited to examining whether the conditions for reopening existed, not to make a final decision on the merits of the disclosure. A mistake in a notice, such as non-indication of the penalty limb, will not invalidate penalty proceedings if no prejudice is caused to the assessee and they are aware of the charges.

31

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2009 to 2026.

Also referred to as

Kantamani Venkata Narayana and Sons · section 271(1)(c) · section 274 · reopening of assessment · change of opinion · furnishing inaccurate particulars · penalty proceedings · notice defect · prejudice to assessee · opportunity of hearing

Issues it is cited on

Judgments citing Kantamani Venkata Narayana and Sons. v. First AddllTO

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -2, COIMBATORE, COIMBATORE vs. SRI MAHESWARY GRANITES (P) LTD, COIMBATORE

In the result, the appeal filed by the Revenue is dismissed

ITA 3054/CHNY/2025[2015]Status: DisposedITAT Chennai20 Feb 2026

Bench: Shri George George K & Shri Inturi Rama Raoआयकर अपील सं./Ita No.: 3054/Chny/2025 िनधा"रण वष"/Assessment Year:2015-16 The Asst. Commissioner Of Sri Maheswary Granites (P) Income Tax, Vs. Ltd., Central Circle – 2, Old No.115, New No.84, Coimbatore Bashyakarlu Road West, R.S.Puram, Coimbatore Pan: Aafcs 9118K (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms. V. Aswathy, Jcit ""यथ" क" ओर से/Respondent By : Shri K.M.C.R. Mohan, Advocate सुनवाई क" तारीख/Date Of Hearing : 19.02.2026 घोषणा क" तारीख/Date Of Pronouncement : 20.02.2026

For Appellant: Ms. V. Aswathy, JCITFor Respondent: Shri K.M.C.R. Mohan, Advocate
Section 132Section 143(2)Section 143(3)Section 153ASection 250Section 271(1)(c)Section 271ASection 274

…ke in the language used or mere non-striking off of inaccurate portion cannot by itself invalidate the notice 2. In CIT v. Mithila Motors [1984] 16 Taxman 224/149 ITR 751 (Pat), relying on the decision in Kantamani Venkata Narayana & Sons v. Addl. ITO [1967] 63 ITR 638 (SC), wherein it was clarified that a mistake in the notice does not invalidate the penalty proceedings, it was held that even granting that the notice u/s. 274 was defective or bad in law, the penalty proceedings would not fail as no prejudice had been caused to the assessee; all that is required is that the assessee should be given an opportunit…

P R SUDEEP,ALATHUR vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, THRISSUR

In the result, the assessee’s appeal is dismissed

ITA 1/COCH/2022[2014-2015]Status: DisposedITAT Cochin27 Sept 2023AY 2014-2015

Bench: Shri Sanjay Aroraand Shri Manomohan Dasp.R. Sudeep Dy. Cit, Parakkal Bharath Gas Agencies Central Circle Bank Road, Alathur Vs. Thrissur Palakkad 678541 [Pan:Axsps7870B] (Appellant) (Respondent) Assessee By: Shri K.V. Venkitaraman, Ca Revenue By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing:13.09.2023 Date Of Pronouncement:27.09.2023 O R D E R Persanjay Arora, Am This Is An Appeal By The Assessee Against The Confirmation Of Penalty Under Section 271Aab Of The Income Tax Act, 1961 (‘The Act’)For Assessment Year (Ay) 2014-15, Levied Per Order Dated 28.6.2017, In First Appeal By The Commissioner Of Income Tax (Appeals), Kochi-3 [Cit(A)], Vide His Order Dated 01.01.2021. 2. The Assessee’S Case Before Us & The Only One At That, Was That The Penalty Is Not Maintainable As Its Initiation, Upon Expressing Satisfaction In Its Respect In The Assessment Order Dated 27.12.2016, By Issue Of Show Cause Notice U/S. 274 Of Even Date, Is Bad In Law Inasmuch As It Is Qua Penalty U/S. 271(1)(C), No Longer Applicable For Search Cases, I.E.,01/7/2007 Onwards & Not As U/S. 271Aab Of The Act, Where The Search Is Initiated On Or After 01/7/2012 & For Which We Were Taken By Sh. Venkitaraman, The Learned Counsel For The Assessee, Through Sections 271 And271Aab Of The Act, As Well As The Impugned Notice (Pb Pg. 24).

For Appellant: Shri K.V. Venkitaraman, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 132Section 271(1)(c)Section 271ASection 274Section 292B

…ceedings. Case law on this, even in the context of penalty notice, is legion, and toward which we may though cite some for reference: Kantamani Venkata Narayana Page 3 ITANo. 01/Coch/2022 (AY: 2014-15) P.R. Sudeep vs. Dy. CIT & Sons vs. First Addl. ITO[1966] 63 ITR 638 (SC);T.A. Abdul Khader(supra). The case law relied upon is de hors the facts of the case. 4. We, accordingly, find no merit in the assessee’s challenge to the levy of penalty u/s. 271AAB of the Act, since confirmed, in the instant case, and uphold the same. We decide accordingly. 5. In the result, the assessee’s appeal is dismissed. Order pronoun…

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