Rajesh Kumar v. CIT

27 SCC 181Reported decision2007#2013 most cited

What is Rajesh Kumar v. CIT authority for?

Where civil or evil consequences ensue from the action of a statutory authority, the principles of natural justice must be followed, even if not explicitly stated in the statute. Failure to comply with these principles may render a statute ultra vires Article 14 of the Constitution.

57

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2021 to 2026.

Also referred to as

Rajesh Kumar v. CIT · 2007 · 27 SCC 181 · section 271(1)(c) · principles of natural justice · statutory authority · civil consequences · evil consequences · Article 14 · ultra vires

Also reported as

157 Taxmann.com 311

Sections most often in play

Section 271(1)(c)Section 274Section 143(3)Section 270ASection 14ASection 153ASection 270AASection 270A(8)

Issues it is cited on

record datesection 270(a)section 271(1b)immunity under section 270aasection 270aasection 270a(8)section 270a(9)(a)section 271aab(1)section 270a(6)penalty under section 271aabmis-reporting of incomenon-application of mind

Judgments citing Rajesh Kumar v. CIT

Chl Limited, New Delhi vs. ACIT, Circle-6(1), New Delhi

In the result, the appeal of the assessee is allowed

ITA 8776/DEL/2019[2012-13]Status: DisposedITAT Delhi29 Aug 2024AY 2012-13

Bench: Shri M. Balaganesh & Shri Anubhav Sharmam/S. Chl Ltd, Vs. Acit, Hotel The Surya, Circle-16(1), New Friends Colony, New Delhi New Delhi (Appellant) (Respondent) Pan:Aaacc2587M

For Appellant: Shri Satish Khosla, AdvFor Respondent: Shri Piyush Tripthi, Sr. DR
Section 143(3)Section 271(1)Section 271(1)(c)Section 274

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B”: NEW DELHI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER M/s. CHL Ltd, Vs. ACIT, Hotel The Surya, Circle-16(1), New Friends Colony, New Delhi New Delhi (Appellant) (Respondent) PAN:AAACC2587M Assessee by : Shri Satish Khosla, Adv Shri Manish Malik, Adv Shri Pankaj Jain, AR Revenue by: Shri Piyush Tripthi, Sr. DR Date of Hearing 29/08/2024 Date of pronouncement 29/08/2024 O R D E R PER M. BALAGANESH, A. M.: 1. The appeal in ITA No.387/Del/2021 for AY 2015-16, arise out of the order of the Commissioner of Income Tax (Appeals)-37…

Ujala Credit Co-Operative Society Limited, Nsp Pitampura Delhi vs. DCIT Circle 43(1), Delhi

In the result, the appeal of the assessee in ITA No

ITA 1850/DEL/2024[2017-18]Status: DisposedITAT Delhi12 Jun 2024AY 2017-18

Bench: Shri M. Balaganesh & Shri Vimal Kumar

For Appellant: Shri Gaurav Jain, AdvFor Respondent: Shri Manish Tiwari, Sr. DR
Section 271(1)Section 271(1)(c)Section 274

…ic interest". 190. Here, section 271(1)(c) is one such provision. With calamitous, albeit commercial, consequences, the provision is mandatory and brooks no trifling with or dilution. For a further precedential prop, we may refer to Rajesh Kumar v. CIT [2007] 27 SCC 181, in which the Apex Court has quoted with approval its earlier judgment in State of Orissa v. Dr. Binapani Dei AIR 1967 SC 1269. According to it, when by reason of action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice must be followed. In such an event, although no express provision is laid dow…

Ujala Credit Co-Operative Society Limited, Netaji Subhash Place vs. ACIT Circle 40(1), Delhi

In the result, the appeal of the assessee in ITA No

ITA 1849/DEL/2024[2015-2016]Status: DisposedITAT Delhi12 Jun 2024AY 2015-2016

Bench: Shri M. Balaganesh & Shri Vimal Kumar

For Appellant: Shri Gaurav Jain, AdvFor Respondent: Shri Manish Tiwari, Sr. DR
Section 271(1)Section 271(1)(c)Section 274

…ic interest". 190. Here, section 271(1)(c) is one such provision. With calamitous, albeit commercial, consequences, the provision is mandatory and brooks no trifling with or dilution. For a further precedential prop, we may refer to Rajesh Kumar v. CIT [2007] 27 SCC 181, in which the Apex Court has quoted with approval its earlier judgment in State of Orissa v. Dr. Binapani Dei AIR 1967 SC 1269. According to it, when by reason of action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice must be followed. In such an event, although no express provision is laid dow…

Rohit Baswani, New Delhi vs. ACIT Circle-32(1), New Delhi

In the result, the appeal of the assessee is allowed

ITA 6739/DEL/2019[2015-16]Status: DisposedITAT Delhi16 Apr 2024AY 2015-16

Bench: Shri Kul Bharat & Shri M. Balaganeshrohit Baswani, Vs. Acit, E-335, Lgf, East Of Circle-32(1), Kailash, New Delhi New Delhi (Appellant) (Respondent) Pan:Acjpb5842J

For Appellant: Shri R. S. Ahuja, CAFor Respondent: Shri Vivek Vardhan, Sr. DR
Section 271(1)Section 271(1)(c)

…ohit Baswani 190. Here, section 271(1)(c) is one such provision. With calamitous, albeit commercial, consequences, the provision is mandatory and brooks no trifling with or dilution. For a further precedential prop, we may refer to Rajesh Kumar v. CIT [2007] 27 SCC 181, in which the Apex Court has quoted with approval its earlier judgment in State of Orissa v. Dr. Binapani Dei AIR 1967 SC 1269. According to it, when by reason of action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice must be followed. In such an event, although no express provision is laid dow…

Jaina Marketing & Associates, Delhi vs. DCIT, Central Circle-18, Delhi

Accordingly, Appeals filed by the assessee are allowed

ITA 226/DEL/2023[2019-20]Status: DisposedITAT Delhi20 Mar 2024AY 2019-20

Bench: Shri M. Balaganesh & Shri Yogesh Kumar U.S.

Section 132Section 153ASection 270ASection 270A(9)Section 270A(9)(a)Section 271(1)(c)Section 271ASection 274

…c interest". 190. Here, section 271(1)(c) is one such provision. With calamitous, albeit commercial, consequences, the provision is mandatory and brooks no trifling with or dilution. For a further precedential prop. we may refer to Rajesh Kumar v. CIT [2007] 27 SCC 181, in which the Apex Court has quoted with approval its earlier judgment in State of Orissav. Dr. Binapani Dei AIR 1967 SC 1269 According to it, when by reason of action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice must be followed. In such an event, although no express provision is laid down…

Jaina Marketing & Associates, Delhi vs. DCIT, Central Circle-18, Delhi

Accordingly, Appeals filed by the assessee are allowed

ITA 225/DEL/2023[2018-19]Status: DisposedITAT Delhi20 Mar 2024AY 2018-19

Bench: Shri M. Balaganesh & Shri Yogesh Kumar U.S.

Section 132Section 153ASection 270ASection 270A(9)Section 270A(9)(a)Section 271(1)(c)Section 271ASection 274

…c interest". 190. Here, section 271(1)(c) is one such provision. With calamitous, albeit commercial, consequences, the provision is mandatory and brooks no trifling with or dilution. For a further precedential prop. we may refer to Rajesh Kumar v. CIT [2007] 27 SCC 181, in which the Apex Court has quoted with approval its earlier judgment in State of Orissav. Dr. Binapani Dei AIR 1967 SC 1269 According to it, when by reason of action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice must be followed. In such an event, although no express provision is laid down…

Jaina Marketing & Associates, Delhi vs. DCIT, Central Circle-18, Delhi

Accordingly, Appeals filed by the assessee are allowed

ITA 224/DEL/2023[2017-18]Status: DisposedITAT Delhi20 Mar 2024AY 2017-18

Bench: Shri M. Balaganesh & Shri Yogesh Kumar U.S.

Section 132Section 153ASection 270ASection 270A(9)Section 270A(9)(a)Section 271(1)(c)Section 271ASection 274

…c interest". 190. Here, section 271(1)(c) is one such provision. With calamitous, albeit commercial, consequences, the provision is mandatory and brooks no trifling with or dilution. For a further precedential prop. we may refer to Rajesh Kumar v. CIT [2007] 27 SCC 181, in which the Apex Court has quoted with approval its earlier judgment in State of Orissav. Dr. Binapani Dei AIR 1967 SC 1269 According to it, when by reason of action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice must be followed. In such an event, although no express provision is laid down…

Schott Glass India P.Ltd, Mumbai vs. ITO 8(3)(1), Mumbai

In the result, ITA 7356/Mum/2014 of the appeals of the assessee are allowed for statistical purpose and ITA No

ITA 7356/MUM/2014[2007-08]Status: DisposedITAT Mumbai24 Jan 2024AY 2007-08

Bench: Shri Narender Kumar Choudhry & Shri Amarjit Singhschott Glass India Private Vs. Income Tax Officer 8(3)-1 Limited, Dynasty “A” Wing Room No. 201, Aayakar 303/304, 3Rd Floor, Bhavan, M.K. Road, Andheri Kurla Road, Mumbai – 400020 Andheri (E) Mumbai – 400 059 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcs8583L Appellant .. Respondent Schott Glass India Private Vs. Deputy Commissioner Of Limited, Dynasty “A” Wing Income Tax 8(3) 303/304, 3Rd Floor, Room No. 204, Aayakar Andheri Kurla Road, Bhavan, M.K. Road, Andheri (E) Mumbai – 400020 Mumbai – 400 059 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcs8583L Appellant .. Respondent Appellant By : Ketan Ved Respondent By : Mahesh Jiwade Date Of Hearing 12.12.2023 Date Of Pronouncement 24.01.2024 आदेश / O R D E R Per Amarjit Singh (Am): Both These Appeals Filed By The Assessee Are Directed Agasint The Different Orders Of Ld. Cit(A)-15, Mumbai. Since Both These Appeals

For Appellant: Ketan VedFor Respondent: Mahesh Jiwade
Section 143(2)Section 144C(1)Section 92C

…ic interest". 190. Here, section 271(1)(c) is one such provision. With calamitous, albeit commercial, consequences, the provision is mandatory and brooks no trifling with or dilution. For a further precedential prop, we may refer to Rajesh Kumar v. CIT [2007] 27 SCC 181, in which the Apex Court has quoted with approval its earlier judgment in State of Orissa v. Dr. Binapani Dei AIR 1967 SC 1269. According to it, when by reason of action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice must be followed. In such an event, although no express provision is laid dow…

Schott Glass India Pvt. Ltd., Mumbai vs. D.C.I.T. Circle 8(3), Mumbai

In the result, ITA 7356/Mum/2014 of the appeals of the assessee are allowed for statistical purpose and ITA No

ITA 2594/MUM/2012[2007-08]Status: DisposedITAT Mumbai24 Jan 2024AY 2007-08

Bench: Shri Narender Kumar Choudhry & Shri Amarjit Singhschott Glass India Private Vs. Income Tax Officer 8(3)-1 Limited, Dynasty “A” Wing Room No. 201, Aayakar 303/304, 3Rd Floor, Bhavan, M.K. Road, Andheri Kurla Road, Mumbai – 400020 Andheri (E) Mumbai – 400 059 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcs8583L Appellant .. Respondent Schott Glass India Private Vs. Deputy Commissioner Of Limited, Dynasty “A” Wing Income Tax 8(3) 303/304, 3Rd Floor, Room No. 204, Aayakar Andheri Kurla Road, Bhavan, M.K. Road, Andheri (E) Mumbai – 400020 Mumbai – 400 059 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcs8583L Appellant .. Respondent Appellant By : Ketan Ved Respondent By : Mahesh Jiwade Date Of Hearing 12.12.2023 Date Of Pronouncement 24.01.2024 आदेश / O R D E R Per Amarjit Singh (Am): Both These Appeals Filed By The Assessee Are Directed Agasint The Different Orders Of Ld. Cit(A)-15, Mumbai. Since Both These Appeals

For Appellant: Ketan VedFor Respondent: Mahesh Jiwade
Section 143(2)Section 144C(1)Section 92C

…ic interest". 190. Here, section 271(1)(c) is one such provision. With calamitous, albeit commercial, consequences, the provision is mandatory and brooks no trifling with or dilution. For a further precedential prop, we may refer to Rajesh Kumar v. CIT [2007] 27 SCC 181, in which the Apex Court has quoted with approval its earlier judgment in State of Orissa v. Dr. Binapani Dei AIR 1967 SC 1269. According to it, when by reason of action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice must be followed. In such an event, although no express provision is laid dow…

Procter & Gamble Hygiene and Healthcare Ltd, Mumbai vs. DCIT Circle-8(2), Mumbai

In the result, both the appeals of the assessee are allowed

ITA 1702/MUM/2018[2008-09]Status: DisposedITAT Mumbai20 Dec 2023AY 2008-09

Bench: Shri Aby T Varkey & Shri Amarjit Singhita No.1373/Mum/2015 (A.Ys. 2006-07 & 2008-09) Procter & Gamble Hygiene Vs. Dcit, Circle 10(3)(2) & Healthcare Limited Aaykar Bhavan, P & G Plaza Cardinal Mumbai Gracias Road, Chakkala, Andheri (East) Mumbai – 400099 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaacp6332M Appellant .. Respondent

For Appellant: Yogesh Thar &For Respondent: Tushar Mohite
Section 143(3)Section 271(1)(c)Section 274Section 80Section 801BSection 80ISection 92C

…ic interest". 190. Here, section 271(1)(c) is one such provision. With calamitous, albeit commercial, consequences, the provision is mandatory and brooks no trifling with or dilution. For a further precedential prop, we may refer to Rajesh Kumar v. CIT [2007] 27 SCC 181, in which the Apex Court has quoted with approval its earlier judgment in State of Orissa v. Dr. Binapani Dei AIR 1967 SC 1269. According to it, when by reason of action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice must be followed. P a g e | 8 2 appeals Proctor & Gamble Hygiene & Healthcar…

Procter & Gamble Hygiene and Health Care Ltd, Mumbai vs. DCIT 8(2), Mumbai

In the result, both the appeals of the assessee are allowed

ITA 1373/MUM/2015[2006-07]Status: DisposedITAT Mumbai20 Dec 2023AY 2006-07

Bench: Shri Aby T Varkey & Shri Amarjit Singhita No.1373/Mum/2015 (A.Ys. 2006-07 & 2008-09) Procter & Gamble Hygiene Vs. Dcit, Circle 10(3)(2) & Healthcare Limited Aaykar Bhavan, P & G Plaza Cardinal Mumbai Gracias Road, Chakkala, Andheri (East) Mumbai – 400099 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaacp6332M Appellant .. Respondent

For Appellant: Yogesh Thar &For Respondent: Tushar Mohite
Section 143(3)Section 271(1)(c)Section 274Section 80Section 801BSection 80ISection 92C

…ic interest". 190. Here, section 271(1)(c) is one such provision. With calamitous, albeit commercial, consequences, the provision is mandatory and brooks no trifling with or dilution. For a further precedential prop, we may refer to Rajesh Kumar v. CIT [2007] 27 SCC 181, in which the Apex Court has quoted with approval its earlier judgment in State of Orissa v. Dr. Binapani Dei AIR 1967 SC 1269. According to it, when by reason of action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice must be followed. P a g e | 8 2 appeals Proctor & Gamble Hygiene & Healthcar…

Vijay Moru Mhatre, Panvel vs. Income Tax Department, Thane

In the result the appeal of the assessee is allowed

ITA 2834/MUM/2023[2015-16]Status: DisposedITAT Mumbai19 Dec 2023AY 2015-16

Bench: Shri Narender Kumar Choudhry & Shri Amarjit Singhvijay Moru Mhatre, Vs. Acit, Cc-1 Plot No. 08, 1St Floor 6Th Floor Room No. 10, Mcch Society, Panvel Road No. 16-Z, Ashar It Maharashtra – 410206 Park, Wagle Industrial Estate, Thane (W) स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aehpm8104Q Appellant .. Respondent Appellant By : Khushiram Jadhawani Respondent By : Usha Gaikwad Date Of Hearing 13.12.2023 Date Of Pronouncement 19.12.2023

For Appellant: Khushiram JadhawaniFor Respondent: Usha Gaikwad
Section 139(1)Section 153ASection 271Section 271(1)Section 271(1)(c)Section 274

…ic interest". 190. Here, section 271(1)(c) is one such provision. With calamitous, albeit commercial, consequences, the provision is mandatory and brooks no trifling with or dilution. For a further precedential prop, we may refer to Rajesh Kumar v. CIT [2007] 27 SCC 181, in which the Apex Court has quoted with approval its earlier judgment in State of Orissa v. Dr. Binapani Dei AIR 1967 SC 1269. According to it, when by reason of action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice must be followed. In such an event, although no express provision is laid dow…

Scholars International Educational Foundation, Rishikesh vs. DCIT (E), Ghaziabad

In the result, the appeal filed by the assessee is allowed

ITA 2003/DEL/2023[2017-18]Status: DisposedITAT Delhi30 Nov 2023AY 2017-18

Bench: Sh. Saktijit Deysh. M. Balaganesh

For Appellant: Ms. Monika Agarwal, AdvFor Respondent: Sh. Anuj Garg, Sr. DR
Section 11Section 11(6)Section 12ASection 270ASection 271(1)(c)Section 274

…ic interest". 190. Here, section 271(1)(c) is one such provision. With calamitous, albeit commercial, consequences, the provision is mandatory and brooks no trifling with or dilution. For a further precedential prop, we may refer to Rajesh Kumar v. CIT [2007] 27 SCC 181, in which the Apex Court has quoted with approval its earlier judgment in State of Orissa v. Dr. Binapani Dei AIR 1967 SC 1269. According to it, when by reason of action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice must be followed. In such an event, although no express provision is laid dow…

Suresh Kumar, Sikar vs. ITO Ward - 40(2), New Delhi

In the result, the appeal of the assessee is allowed

ITA 1965/DEL/2020[2010-11]Status: DisposedITAT Delhi17 Oct 2023AY 2010-11

Bench: Us & Hence

Section 271(1)Section 271(1)(c)Section 274

…umar vs. ITO 190. Here, section 271(1)(c) is one such provision. With calamitous, albeit commercial, consequences, the provision is mandatory and brooks no trifling with or dilution. For a further precedential prop, we may refer to Rajesh Kumar v. CIT [2007] 27 SCC 181, in which the Apex Court has quoted with approval its earlier judgment in State of Orissa v. Dr. Binapani Dei AIR 1967 SC 1269. According to it, when by reason of action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice must be followed. In such an event, although no express provision is laid dow…

Mideast Integrated Steels Ltd, New Delhi vs. ACIT Central Circle-2, New Delhi

In the result, the appeal of the Assessee stands allowed

ITA 9570/DEL/2019[2014-15]Status: DisposedITAT Delhi13 Oct 2023AY 2014-15

Bench: SHRI M. BALAGANESH (Accountant Member), SHRI ANUBHAV SHARMA (Judicial Member)

Section 115JSection 143(3)Section 271Section 271(1)(c)Section 274

…ic interest". 190. Here, section 271(1)(c) is one such provision. With calamitous, albeit commercial, consequences, the provision is mandatory and brooks no trifling with or dilution. For a further precedential prop, we may refer to Rajesh Kumar v. CIT [2007] 27 SCC 181, in which the Apex Court has quoted with approval its earlier judgment in State of Orissa v. Dr. Binapani Dei AIR 1967 SC 1269. According to it, when by reason of action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice must be followed. In such an event, although no express provision is laid dow…

Smt.Sushma Tandon, Delhi vs. ITO, WD- 45(2), Kolkata.

In the result, appeal of the assessee is allowed

ITA 663/KOL/2023[2003-04]Status: DisposedITAT Kolkata22 Sept 2023AY 2003-04

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Ble

For Appellant: NoneFor Respondent: Shri Abhijit Kundu, CIT, D/R
Section 143(3)(ii)Section 250Section 271(1)(c)Section 274Section 292B

…ic interest". 190. Here, section 271(1)(c) is one such provision. With calamitous, albeit commercial, consequences, the provision is mandatory and brooks no trifling with or dilution. For a further precedential prop, we may refer to Rajesh Kumar v. CIT [2007] 27 SCC 181, in which the Apex Court has quoted with approval its earlier judgment in State of Orissa v. Dr. Binapani Dei AIR 1967 SC 1269. According to it, when by reason of action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice must be followed. In such an event, although no express provision is laid dow…

Beer Singh Bisht, Pauri vs. The Income Tax Officer, Ward-1(4)(3), Kothdwar

In the result, appeal of the assessee is allowed

ITA 42/DDN/2021[2014-15]Status: DisposedITAT Dehradun23 Jun 2023AY 2014-15
Section 143(3)Section 147Section 148Section 271(1)Section 271(1)(c)Section 274

…ic interest". 190. Here, section 271(1)(c) is one such provision. With calamitous, albeit commercial, consequences, the provision is mandatory and brooks no trifling with or dilution. For a further precedential prop, we may refer to Rajesh Kumar v. CIT [2007] 27 SCC 181, in which the Apex Court has quoted with approval its earlier judgment in State of Orissa v. Dr. Binapani Dei AIR 1967 SC 1269. According to it, when by reason of action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice must be followed. In such an event, although no express provision is laid dow…

Murliwala Agrotech Private Limited, Rajasthan vs. DCIT Circle-14, Delhi

In the result, the appeal of the assessee is allowed

ITA 609/DEL/2022[2015-16]Status: DisposedITAT Delhi01 Jun 2023AY 2015-16

Bench: Shri C.M. Garg & Shri M. Balaganeshassessment Year: 2015-16 Murliwala Agrotech Private Limited, Vs Dcit, G-20-245, Ricco Industrial Area, Circle-14, Gudli Udaipur, Delhi. Rajasthan – 313024. Pan: Aaccm0796Q (Applicant) (Respondent) Assessee By : Shri Susheel Kumar, Ca & Ms Archana Jain, Ca Revenue By : Ms Raja Rajeshwari R. Sr. Dr Date Of Hearing : 24.05.2023 Date Of Pronouncement : 01.06.2023 Order Per M. Balaganesh, Am: This Appeal In Ita No.609/Del/2022 For Ay 2015-16 Arises Out Of The Order Of The Commissioner Of Income Tax (Appeals)-26, New Delhi [Hereinafter Referred To As ‘Ld. Cit(A)’, In Short] In Appeal No.10255/19-20 Dated 10.12.2021 Against The Order U/S 271(1)(C) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 27.06.2019 Passed By The Ld. Assessing Officer, Circle-2, Udaipur (Hereinafter Referred To As ‘Ld. Ao’). 2. The Only Effective Issue To Be Decided In This Appeal Is As To Whether The Ld.Cit(A) Was Justified In Confirming The Levy Of Penalty U/S 271(1)(C) Of The Act In The Facts & Circumstances Of The Instant Case.

For Appellant: Shri Susheel Kumar, CA &For Respondent: Ms Raja Rajeshwari R. Sr. DR
Section 271(1)(c)Section 274

…ic interest". 190. Here, section 271(1)(c) is one such provision. With calamitous, albeit commercial, consequences, the provision is mandatory and brooks no trifling with or dilution. For a further precedential prop, we may refer to Rajesh Kumar v. CIT [2007] 27 SCC 181, in which the Apex Court has quoted with approval its earlier judgment in State of Orissa v. Dr. Binapani Dei AIR 1967 SC 1269. According to it, when by reason of action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice must be followed. In such an event, although no express provision is laid dow…

Mini Tradex Private Limited, New Delhi vs. ITO Ward - 16(4), New Delhi

In the result, the appeal of the assessee is allowed

ITA 8029/DEL/2019[2015-16]Status: DisposedITAT Delhi01 Jun 2023AY 2015-16

Bench: Shri C.M. Garg & Shri M. Balaganeshassessment Year: 2015-16 Mini Tradex Private Limited, Vs Ito, C/O Rohit Tiwari, Ward-16(4), 8024, Ats Greens Paradiso, New Delhi. Chi Iv, Noida, Uttar Pradesh – 201310. Pan: Aagcm0239E (Applicant) (Respondent) Assessee By : Ms Tanya, Advocate Revenue By : Ms Raja Rajeshwari R. Sr. Dr Date Of Hearing : 24.05.2023 Date Of Pronouncement : 01.06.2023 Order Per M. Balaganesh, Am: This Appeal In Ita No.8029/Del/2019 For Ay 2015-16 Arises Out Of The Order Of The Commissioner Of Income Tax (Appeals)-6, Delhi [Hereinafter Referred To As ‘Ld. Cit(A)’, In Short] In Appeal No.Cit(A), Delhi-6/10103/18-19 Dated 07.05.2019 Against The Order U/S 271(1)(C) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 18.06.2018 Passed By The Ld. Assessing Officer, Ward-16(4), New Delhi (Hereinafter Referred To As ‘Ld. Ao’). 2. The Only Effective Issue To Be Decided In This Appeal Is As To Whether The Ld.Cit(A) Was Justified In Confirming The Levy Of Penalty U/S 271(1)(C) Of The Act In The Facts & Circumstances Of The Instant Case.

For Appellant: Ms Tanya, AdvocateFor Respondent: Ms Raja Rajeshwari R. Sr. DR
Section 271(1)(c)Section 274

…ic interest". 190. Here, section 271(1)(c) is one such provision. With calamitous, albeit commercial, consequences, the provision is mandatory and brooks no trifling with or dilution. For a further precedential prop, we may refer to Rajesh Kumar v. CIT [2007] 27 SCC 181, in which the Apex Court has quoted with approval its earlier judgment in State of Orissa v. Dr. Binapani Dei AIR 1967 SC 1269. According to it, when by reason of action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice must be followed. In such an event, although no express provision is laid dow…

Shri Bhanwarlal M. Harsh, Thane vs. Dy CIT CC-3(3), Mumbai

In the result, the appeal of the assessee is allowed

ITA 538/MUM/2021[2011-12]Status: DisposedITAT Mumbai14 Dec 2022AY 2011-12

Bench: Shri Vikas Awasthy & Shri Amarjit Singhshri Bhanwarlal M Shah Vs. Dcit, Central Circle 3(3) A/2, 406, Runwal Plaza, Air India Building Nr. Koresh India Vartak Nariman Point, Nagar, Thane (West) Mumbai - 400021 400606 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aacph5666F Appellant .. Respondent

For Appellant: Manoj MundraFor Respondent: J. Saravanan
Section 143(3)Section 271(1)(c)Section 274

…ic interest". 190. Here, section 271(1)(c) is one such provision. With calamitous, albeit commercial, consequences, the provision is mandatory and brooks no trifling with or dilution. For a further precedential prop, we may refer to Rajesh Kumar v. CIT [2007] 27 SCC 181, in which the Apex Court has quoted with approval its earlier judgment in State of Orissa v. Dr. Binapani Dei AIR 1967 SC 1269. According to it, when by reason of action on the part of a statutory authority, civil or evil consequences ensue, principles of natural justice must be followed. In such an event, although no express provision is laid dow…