Union of India v. Dharamendra Textile Processors

13 SCC 369Supreme Court of India2008#733 most cited

What is Union of India v. Dharamendra Textile Processors authority for?

For the applicability of Section 271(1)(c) penalty, the Assessing Officer must be satisfied that the assessee concealed income or furnished inaccurate particulars; however, this satisfaction is not required to be recorded in a particular manner or reduced to writing.

139

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2009 to 2025.

Also referred to as

Union of India v. Dharamendra Textile Processors · Dharamendra Textile Processors · Section 271(1)(c) penalty · concealment of income · furnishing inaccurate particulars · AO satisfaction for penalty · recording satisfaction · conditions for penalty under Section 271(1)(c) · scope of Section 271(1)(c) · Section 274.

Also reported as

174 Taxmann 57295 ITR 2441

Issues it is cited on

Judgments citing Union of India v. Dharamendra Textile Processors

SHRI ANANTANATH ALPASANKHYATAR VIVIDH UDDESHAGAL SOUHARD SAHAKARI SANGH NIY,BELAGAVI vs. INCOME TAX OFFICER, NFAC, DELHI

ITA 6/PAN/2025[2009-10]Status: DisposedITAT Panaji03 Jun 2025AY 2009-10

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 006/Pan/2025 Assessment Year : 2009-10 Shri Anantanath Alpasankhyatar Vivid Uddheshagal Souhardha Sahakari Sangh Niyamit [‘Saavusssn’] 1738, Anantnath Building, Jain Galli, Main Rd., Kannur Niyamit Kalloli, Kalloli, Belagavi. Pan : Aagts1962B . . . . . . . Appellant V/S Income Tax Office, Ward-1, Gokak, Belagavi. . . . . . . . Respondent Appearances Assessee By : Mr Sachin Nichal [‘Ld. Ar’] Revenue By : Mr Deshmukh Prakash [‘Ld. Dr’] Date Of Conclusive Hearing : 02/06/2025 Date Of Pronouncement : 03/06/2025 Order Per G. D. Padmahshali; This Appeal Is Filed Against Din & Order 1070608483(1) Dt. 25/11/2024 Passed By The National Faceless Appeal Centre, Delhi [‘Ld. Nfac’ Hereinafter] U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] Which In Turn Arisen Out Of Order Of Penalty Dt. 23/03/2022 Passed U/S 271(1)(C) Of The Act By The National Faceless Assessment Centre Delhi [‘Ld. Nfeac’ Hereinafter] Anent To Assessment Year 2009-10 [‘Ay’ Hereinafter].

For Appellant: Mr Sachin Nichal [‘Ld. AR’]For Respondent: Mr Deshmukh Prakash [‘Ld. DR’]
Section 143(3)Section 250Section 271(1)(c)Section 80PSection 80P(4)

…ntion in claiming a status as ‘co-operative society’ as against ‘Trust’ indicated by PAN is apparent, admitted and need not to be proved further for levying penalty in view of the Hon’ble Apex Court’s decision in ‘UOI Vs Dharamendra Textile Processors’ [2008, 13 SCC 369 (SC)]. Per contra, relying on the decision of Ld. Co-ordinate bench in ‘ITA No 1626/Ban/2024 dt. 29/11/2024’ the appellant tried to displace Revenue’s right to impose penalty on twofold contentions; (i) the claim for deduction u/s 80P(2) is highly debatable and (ii) the appellant was under bonafide belief while furnishing the particulars in the re…

Showing 120 of 139 · Page 1 of 7