Pvt. Ltd. Vs CIT 281 ITR 421 (MP.) VI. Shri Nithyakalyani Textiles Ltd. v. DCIT

330 ITR 93High Court2011#5120 most cited

What is Pvt. Ltd. Vs CIT 281 ITR 421 (MP.) VI. Shri Nithyakalyani Textiles Ltd. v. DCIT authority for?

A penalty under Section 271(1)(c) of the Income Tax Act is correctly levied when an assessee admits undisclosed income during assessment proceedings, particularly when such income is discovered through search or survey operations, even if the assessee later claims to have sought a 'quietus'.

23

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2012 to 2023.

Also referred to as

Pvt. Ltd. Vs CIT · L.M.L. Precision Engineering Ltd. Vs. DCIT · 330 ITR 93 · Section 271(1)(c) · penalty · undisclosed income · search operation · survey operation · admission of income

Judgments citing Pvt. Ltd. Vs CIT 281 ITR 421 (MP.) VI. Shri Nithyakalyani Textiles Ltd. v. DCIT

M/S. KASHISH ENTERPRISE,,BHUJ vs. THE INCOME TAX OFFICER, WARD-2,, BHUJ

In the result, appeal of the assessee is dismissed

ITA 256/RJT/2014[2009-10]Status: DisposedITAT Rajkot15 Oct 2018AY 2009-10

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita No. 256/Rjt/2014 "नधा"रण वष"/Assessment Year: 2009-10 M/S. Kashish Enterprise Vs. Ito, Poonam Apartment, New Ward – 2, Station Road, Bhuj-Kutch Bhuj. अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri M. J. Ranpura, A.R. Revenue By : Shri Praveen Verma, Sr. D. R. सुनवाई क" तार"ख/Date Of Hearing : 28.08.2018 घोषणा क" तार"ख /Date Of Pronouncement : 15.10.2018 आदेश/O R D E R Per Waseem Ahmed: The Captioned Appeal Has Been Filed At The Instance Of The Assessee Against The Appellate Order Of The Learned Commissioner Of Income-Tax (Appeals)-Ii, Rajkot [“Cit(A)” In Short] Relevant To Assessment Year 2009-10. 2. Assessee Has Raised The Following Grounds Of Appeal:- "1.0 The Grounds Of Appeal Mentioned Hereunder Are Without Prejudice To One Another. 2.0 The Ld Cit(A)-Ii, Rajkot [Cit(A)] Erred In Facts As Also In Retaining Levy Of Penalty U/S 271(1)(C) Of The Act On Income Of Rs.55,53,360/-. The Penalty U/S 271(1)(C) Of The Act May Kindly Be Deleted. 3.0 The Honor’S Appellant Craves Leave To Add, Amend, Alter Or Withdraw Any Or More Grounds Of Appeal On Or Before The Hearing Of Appeal.”

For Appellant: Shri M. J. Ranpura, A.RFor Respondent: Shri Praveen Verma, Sr. D. R
Section 133ASection 143(3)Section 145(3)Section 147Section 148Section 271(1)Section 271(1)(c)Section 274

…the penalty u/s 127(1)(c) of the Act was correctly levied by the authorities below. In this regard, we also find support and guidance from the judgment of Hon’ble Jurisdictional High Court in the case of L.M.L. Precision Engineering Ltd. Vs. DCIT reported in 330 ITR 93. The relevant extract of the order is already been reproduced hereinabove. Thus, we do not find any reason to 7 Kashish Enterprises vs. ITO. AY : 2009-10 disturb the finding of ld. CIT(A). Hence, the ground of appeal of the assessee is dismissed. 9. In the result, appeal of the assessee is dismissed. Order pronounced in the Court on 15th Octob…

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