Sanjay Gupta v. CIT

366 ITR 18High Court2014#8437 most cited

What is Sanjay Gupta v. CIT authority for?

When the quantum of income is remanded to the Assessing Officer, the issue of penalty for undisclosed income should also be remanded to the Assessing Officer.

13

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2016 to 2025.

Also referred to as

Sanjay Gupta v. CIT · section 271(1)(c) · undisclosed income · penalty · remanded · quantum of income · CIT(Appeals) · NFAC · denovo adjudication

Issues it is cited on

Judgments citing Sanjay Gupta v. CIT

Mrs. Sharma Tyagi, Muzaffarnagar vs. ITO, Muzaffarnagar

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

ITA 2306/DEL/2015[2008-09]Status: DisposedITAT Delhi31 May 2018AY 2008-09

Bench: Shri R.S. Syal & Smt. Beena A. Pillaiassessment Year : 2008-09 Sharma Tyagi, Vs. Ito, Prop. M/S Tirupati Banquet Hall, Ward 2(3), 486, Indira Colony, Roorkee Road, Muzaffarnagar. Muzaffarnagar. Pan: Agwpt3535B (Appellant) (Respondent) Assessee By : Shri Anil Jain, Advocate & Ms Isha Jain, Ca Department By : Shri S.L. Anuragi, Sr. Dr Date Of Hearing : 30.05.2018 Date Of Pronouncement : 31.05.2018 Order Per R.S. Syal, Vp: This Appeal Filed By The Assessee Arises Out Of The Order Passed By The Cit(A) On 01.01.2015 Imposing Penalty U/S 271(1)(C) Of The Income-Tax Act, 1961 In Relation To The Assessment Year 2008-09. 2. Briefly Stated, The Facts Of The Case Are That Certain Additions Were Made

For Appellant: Shri Anil Jain, Advocate &For Respondent: Shri S.L. Anuragi, Sr. DR
Section 143(3)Section 271(1)(c)

…upreme Court in the case of Mohd. Mohatram Farooqui vs. CIT (SC) 2010- TIOL-23-SC-IT in which it has been held that if addition is restored to the AO, then penalty should also be restored. The Hon’ble jurisdictional High Court in Sanjay Gupta vs. CIT (2014) 366 ITR 18 (Del) has also held that where the quantum has been remanded to the AO, the question of penalty on account of the said amount being treated as undisclosed income, should also be remanded to the AO. We, therefore, set aside the impugned order and remit the matter to the file of the AO for determining the question of imposition or otherwise of the p…

Sanjay Gupta v. CIT (366 ITR 18) — Cited in 13 Judgments | BharatTax