New Holland Tractors (India) (P.) Ltd. v. CIT

49 Taxmann.com 573High Court2014#4892 most cited

What is New Holland Tractors (India) (P.) Ltd. v. CIT authority for?

The charge of concealment of income and furnishing of inaccurate particulars of income may overlap. A taxpayer's conduct can be considered bonafide even if their submissions were rejected in the quantum appeal.

24

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2016 to 2025.

Also referred to as

New Holland Tractors (India) (P.) Ltd. v. CIT · penalty u/s 271(1)(c) · furnishing inaccurate particulars · concealment of income · bonafide conduct · section 271 · section 142(1) · section 143(3) · section 274

Also reported as

228 Taxmann 66

Sections most often in play

Section 142(1)Section 143(3)Section 271(1)(c)Section 274Section 68

Issues it is cited on

penalty u/s 271(1)(c)furnishing inaccurate particulars of incomepenalty under section 271(1)(c)concealment of incomefurnishing inaccurate particularssection 274levy of penaltysection 271(1)section 271section 271(1)(c)section 27section 139(1)

Judgments citing New Holland Tractors (India) (P.) Ltd. v. CIT

The Mantola Cooperative Thrift & Credit Society, New Delhi vs. ITO, New Delhi

ITA 2831/DEL/2015[2005-06]Status: DisposedITAT Delhi12 Jun 2019AY 2005-06

Bench: Shri Kuldip Singh & Shri Anadee Nath Misshra

For Appellant: Shri Gaurav Jain, AdvocateFor Respondent: Ms. Naina Soin Kapil,Senior DR
Section 143Section 271Section 271(1)(c)Section 80PSection 80P(2)(a)

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘D’ : NEW DELHI) BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER and SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA No.2830/Del./2015 (ASSESSMENT YEAR : 2004-05) ITA No.2831/Del./2015 (ASSESSMENT YEAR : 2005-06) ITA No.2832/Del./2015 (ASSESSMENT YEAR : 2006-07) ITA No.2833/Del./2015 (ASSESSMENT YEAR : 2007-08) ITA No.2834/Del./2015 (ASSESSMENT YEAR : 2009-10) The Mantola Cooperative Thrift & vs. ITO, Ward 38 (4), Credit Society, New Delhi. 541, Mantola, Paharganj, New Delhi – 110 055. (PAN : AAAJT1976A) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Gaurav Jain, Advocat…

The Mantola Cooperative Thrift & Credit Society, New Delhi vs. ITO, New Delhi

ITA 2830/DEL/2015[2004-05]Status: DisposedITAT Delhi12 Jun 2019AY 2004-05

Bench: Shri Kuldip Singh & Shri Anadee Nath Misshra

For Appellant: Shri Gaurav Jain, AdvocateFor Respondent: Ms. Naina Soin Kapil,Senior DR
Section 143Section 271Section 271(1)(c)Section 80PSection 80P(2)(a)

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘D’ : NEW DELHI) BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER and SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA No.2830/Del./2015 (ASSESSMENT YEAR : 2004-05) ITA No.2831/Del./2015 (ASSESSMENT YEAR : 2005-06) ITA No.2832/Del./2015 (ASSESSMENT YEAR : 2006-07) ITA No.2833/Del./2015 (ASSESSMENT YEAR : 2007-08) ITA No.2834/Del./2015 (ASSESSMENT YEAR : 2009-10) The Mantola Cooperative Thrift & vs. ITO, Ward 38 (4), Credit Society, New Delhi. 541, Mantola, Paharganj, New Delhi – 110 055. (PAN : AAAJT1976A) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Gaurav Jain, Advocat…

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

…IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH “G”, MUMBAI BEFORE SHRI R.C.SHARMA, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER M/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…

Lokhandwala Construciton Industries P.Ltd, Mumbai vs. DCIT 9(2), Mumbai

In the result, we set-aside the order of the CIT(A) and direct the Assessing Officer to delete the penalty of Rs

ITA 4403/MUM/2013[2007-08]Status: DisposedITAT Mumbai29 Apr 2016AY 2007-08

Bench: Shri G.S. Pannu & Shri Ram Lal Negi: (A.Y : 2007-08) M/S. Lokhandwala Construction Vs. Dcit-9(2), Industries Pvt. Ltd., Mumbai. 48, Indranarayan Road, Santa Cruz (W), Mumbai 400 054. Pan : Aaacl0941J (Appellant) (Respondent)

For Appellant: Shri K. Shivaram &For Respondent: Ms. Radha Katyal Narang
Section 143(3)Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “A”, MUMBAI BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI RAM LAL NEGI, JUDICIAL MEMBER : (A.Y : 2007-08) M/s. Lokhandwala Construction Vs. DCIT-9(2), Industries Pvt. Ltd., Mumbai. 48, Indranarayan Road, Santa Cruz (W), Mumbai 400 054. PAN : AAACL0941J (Appellant) (Respondent) Assessee by : Shri K. Shivaram & Shri Rahul Sarda Revenue by : Ms. Radha Katyal Narang Date of Hearing : 12/04/2016 Date of Pronouncement : 29/04/2016 O R D E R PER G.S. PANNU, AM : The captioned appeal by the assessee is directed against the order of CIT(A)-20, Mumbai dated 04.03.…