“furnishing inaccurate particulars”

Sh. Bhushan Lal Sawhney, New Delhi vs. DCIT, New Delhi

In the result, all the appeals of the Assessee are allowed

Bench: Shri Bhavnesh Saini & Shri B.R.R Kumar

levy of the penalty for assessment years under appeals in which the A.O. has mentioned “have concealed the particulars of your income or furnished inaccurate particulars of such income”. He has, therefore, submitted that A.O. was not sure as to for which limb of Section ... 432/Del./2017 & ITA.Nos.434 to 439/Del./2017 Late Shri Bhushan Lal Sawhney through his L.R./ Wife Smt. Sneh Lata Sawhney, New Delhi. furnishing inaccurate particulars of such income. Therefore, the show cause notices are illegal and bad in law and liable to be quashed. He has submitted that issue

Sh. Bhushan Lal Sawhney, New Delhi vs. DCIT, New Delhi

In the result, all the appeals of the Assessee are allowed

Bench: Shri Bhavnesh Saini & Shri B.R.R Kumar

levy of the penalty for assessment years under appeals in which the A.O. has mentioned “have concealed the particulars of your income or furnished inaccurate particulars of such income”. He has, therefore, submitted that A.O. was not sure as to for which limb of Section ... 432/Del./2017 & ITA.Nos.434 to 439/Del./2017 Late Shri Bhushan Lal Sawhney through his L.R./ Wife Smt. Sneh Lata Sawhney, New Delhi. furnishing inaccurate particulars of such income. Therefore, the show cause notices are illegal and bad in law and liable to be quashed. He has submitted that issue

Sh. Bhushan Lal Sawhney, New Delhi vs. DCIT, New Delhi

In the result, all the appeals of the Assessee are allowed

Bench: Shri Bhavnesh Saini & Shri B.R.R Kumar

levy of the penalty for assessment years under appeals in which the A.O. has mentioned “have concealed the particulars of your income or furnished inaccurate particulars of such income”. He has, therefore, submitted that A.O. was not sure as to for which limb of Section ... 432/Del./2017 & ITA.Nos.434 to 439/Del./2017 Late Shri Bhushan Lal Sawhney through his L.R./ Wife Smt. Sneh Lata Sawhney, New Delhi. furnishing inaccurate particulars of such income. Therefore, the show cause notices are illegal and bad in law and liable to be quashed. He has submitted that issue

Sh. Bhushan Lal Sawhney, New Delhi vs. DCIT, New Delhi

In the result, all the appeals of the Assessee are allowed

Bench: Shri Bhavnesh Saini & Shri B.R.R Kumar

levy of the penalty for assessment years under appeals in which the A.O. has mentioned “have concealed the particulars of your income or furnished inaccurate particulars of such income”. He has, therefore, submitted that A.O. was not sure as to for which limb of Section ... 432/Del./2017 & ITA.Nos.434 to 439/Del./2017 Late Shri Bhushan Lal Sawhney through his L.R./ Wife Smt. Sneh Lata Sawhney, New Delhi. furnishing inaccurate particulars of such income. Therefore, the show cause notices are illegal and bad in law and liable to be quashed. He has submitted that issue

Sh. Bhushan Lal Sawhney, New Delhi vs. DCIT, New Delhi

In the result, all the appeals of the Assessee are allowed

Bench: Shri Bhavnesh Saini & Shri B.R.R Kumar

levy of the penalty for assessment years under appeals in which the A.O. has mentioned “have concealed the particulars of your income or furnished inaccurate particulars of such income”. He has, therefore, submitted that A.O. was not sure as to for which limb of Section ... 432/Del./2017 & ITA.Nos.434 to 439/Del./2017 Late Shri Bhushan Lal Sawhney through his L.R./ Wife Smt. Sneh Lata Sawhney, New Delhi. furnishing inaccurate particulars of such income. Therefore, the show cause notices are illegal and bad in law and liable to be quashed. He has submitted that issue

Sh. Bhushan Lal Sawhney, New Delhi vs. DCIT, New Delhi

In the result, all the appeals of the Assessee are allowed

Bench: Shri Bhavnesh Saini & Shri B.R.R Kumar

levy of the penalty for assessment years under appeals in which the A.O. has mentioned “have concealed the particulars of your income or furnished inaccurate particulars of such income”. He has, therefore, submitted that A.O. was not sure as to for which limb of Section ... 432/Del./2017 & ITA.Nos.434 to 439/Del./2017 Late Shri Bhushan Lal Sawhney through his L.R./ Wife Smt. Sneh Lata Sawhney, New Delhi. furnishing inaccurate particulars of such income. Therefore, the show cause notices are illegal and bad in law and liable to be quashed. He has submitted that issue

Sh. Bhushan Lal Sawhney, New Delhi vs. DCIT, New Delhi

In the result, all the appeals of the Assessee are allowed

Bench: Shri Bhavnesh Saini & Shri B.R.R Kumar

levy of the penalty for assessment years under appeals in which the A.O. has mentioned “have concealed the particulars of your income or furnished inaccurate particulars of such income”. He has, therefore, submitted that A.O. was not sure as to for which limb of Section ... 432/Del./2017 & ITA.Nos.434 to 439/Del./2017 Late Shri Bhushan Lal Sawhney through his L.R./ Wife Smt. Sneh Lata Sawhney, New Delhi. furnishing inaccurate particulars of such income. Therefore, the show cause notices are illegal and bad in law and liable to be quashed. He has submitted that issue

Sh. Bhushan Lal Sawhney, New Delhi vs. DCIT, New Delhi

In the result, all the appeals of the Assessee are allowed

Bench: Shri Bhavnesh Saini & Shri B.R.R Kumar

levy of the penalty for assessment years under appeals in which the A.O. has mentioned “have concealed the particulars of your income or furnished inaccurate particulars of such income”. He has, therefore, submitted that A.O. was not sure as to for which limb of Section ... 432/Del./2017 & ITA.Nos.434 to 439/Del./2017 Late Shri Bhushan Lal Sawhney through his L.R./ Wife Smt. Sneh Lata Sawhney, New Delhi. furnishing inaccurate particulars of such income. Therefore, the show cause notices are illegal and bad in law and liable to be quashed. He has submitted that issue

Sh. Bhushan Lal Sawhney, New Delhi vs. DCIT, New Delhi

In the result, all the appeals of the Assessee are allowed

Bench: Shri Bhavnesh Saini & Shri B.R.R Kumar

levy of the penalty for assessment years under appeals in which the A.O. has mentioned “have concealed the particulars of your income or furnished inaccurate particulars of such income”. He has, therefore, submitted that A.O. was not sure as to for which limb of Section ... 432/Del./2017 & ITA.Nos.434 to 439/Del./2017 Late Shri Bhushan Lal Sawhney through his L.R./ Wife Smt. Sneh Lata Sawhney, New Delhi. furnishing inaccurate particulars of such income. Therefore, the show cause notices are illegal and bad in law and liable to be quashed. He has submitted that issue

ACIT, New Delhi vs. M/S. Nexus Infracon Pvt. Ltd., New Delhi

Bench: Shri O.P. Kant & Shri Kuldip Singh

Revenue, the sole question arises for determination in this case is:- “as to whether the assessee has concealed particulars of income or has furnished inaccurate particulars of income during assessment proceedings?” 10. Ld. DR for the Revenue challenging the impugned order passed by the ld. CIT (A) relied upon ... order passed in this case it contains the finding that “I hold the assessee in default for 6 ITA No.4637/Del./2016 CO No.327/Del/2016 furnishing inaccurate particulars of his income and sought to cover this case within the sweeping provisions of Explanation 1 appended to section

DCIT, Faridabad vs. M/S Sucon India Ltd, Faridabad

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year : 2009-10

Income Tax Act. Rejecting the various explanation given by the assessee and observing that the assessee has furnished inaccurate particulars of income to the extent of Rs.27,63,35,028/-(27,63,30,230 + 4798), the Assessing Officer levied penalty ... avoid due taxes on positive non-speculative income. The penalty u/s 271(l)(c) of the Act was, 3 thus, levied for furnishing inaccurate particulars of income on the complete loss of Rs. 27,63,30,230/-, i.e., including both, the amount of loss setoff against income as well

Shri Deshpal Singh Kohli, Dehradun vs. DCIT, Dehradun

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

Bench: Shri R.K. Panda & Shri Amit Shuklaassessment Year: 2014-15 Shri Deshpal Singh Kohli, Vs Dcit, 46, Saharanpur Road, Dehradun. Dehradun. Pan: Acgpk1599Q (Appellant) (Respondent) Assessee By : Shri Kanwal Juneja, Advocate Revenue By : Shri Vinay Singh Rawat, Sr. Dr Date Of Hearing : 26.03.2021 Date Of Pronouncement : 18.05.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28Th January, 2019 Of The Cit(A)-4, Kanpur, Relating To The A.Y. 2014-15. 2. Levy Of Penalty Of Rs.1,44,200/- By The Ao U/S 271(1)(C) & Confirmed By The Cit(A) Is The Only Issue Raised By The Assessee In The Grounds Of Appeal.

Rejecting the various explanations given by the assessee, the AO held that the assessee has concealed the particulars of income and has furnished inaccurate particulars of income and, therefore, he has rendered himself liable for penalty u/s 271(1)(c) of the IT Act. He accordingly levied penalty of Rs.1 ... limb is concerned, the ld. DR submitted that the assessee is fully aware that he has concealed his particulars of income and furnished inaccurate particulars and, therefore, the assesseee cannot take advantage of technicalities. 8. We have considered the rival arguments made by both the sides and perused the orders

Harvansh Chawla, New Delhi vs. ACIT, Central Circle- 5, New Delhi

In the result, both appeals of the assessee are allowed

Bench: Shri Kul Bharat

issued alongwith the 2 ITA Nos.-9545 & 9547/Del/2019 assessment order without specifying clear-cut charge of Concealment of Income or furnishing inaccurate particulars of income. 2) On the facts and circumstances of the case and in law, the CIT(A) erred in confirming the order of the AO passed under ... facts and circumstances of the case and in law, the CIT(A)/AO erred in holding that the appellant has furnished inaccurate particular in respect of disallowance of the Interest expenditure claimed u/s 36(i)(iii) of the Act placed on records. 5) On the facts and circumstances

Harvansh Chawla, New Delhi vs. ACIT, Central Circle- 5, New Delhi

In the result, both appeals of the assessee are allowed

Bench: Shri Kul Bharat

issued alongwith the 2 ITA Nos.-9545 & 9547/Del/2019 assessment order without specifying clear-cut charge of Concealment of Income or furnishing inaccurate particulars of income. 2) On the facts and circumstances of the case and in law, the CIT(A) erred in confirming the order of the AO passed under ... facts and circumstances of the case and in law, the CIT(A)/AO erred in holding that the appellant has furnished inaccurate particular in respect of disallowance of the Interest expenditure claimed u/s 36(i)(iii) of the Act placed on records. 5) On the facts and circumstances

Future First Info. Servicees Pvt. Ltd, Gurgaon vs. DCIT, Circle- 9(2), New Delhi

In the result, the appeal of the Revenue is dismissed and appeal of the assessee is partly allowed

Bench: Shri Amit Shukla & Shri Prashant Maharishi

hereby disallowed and added back to the income of the assessee. Since. 1 am satisfied that assessee has concealed the income by furnishing inaccurate particulars of its income, penalty proceedings u/s 271(1 )(c) is initiated separately.” 13. Before ld. CIT(A) the assessee had submitted as under

P.K.Cotton Mills Pvt. Ltd., Meerut vs. Pr.CIT, Meerut

The appeal of the assessee is allowed

Bench: Shri R. K. Panda & Ms Suchitra Kamblei.T.A. No. 6039/Del/2017 (A.Y 2008-09) (Through Physical Hearing) P. K. Cotton Mills Pvt. Ltd. Vs Pr. Cit C/O. Rra Tax India, D-28, Meerut, South Extension, Part-1, New Uttar Pradesh Delhi Aadcp4270D (Appellant) (Respondent)

charge on penalty notice dated 18.03.2013 was not specified as to whether penalty is being initiated for “concealment of income” or for “furnishing inaccurate particulars of income”. 2. That in any case and in any view of the matter, action of Ld. Pr. CIT in imposing penalty and passing ... Income Tax imposing penalty of Rs. 33,62,420/- equal to 200% thereby held that the assessee has concealed its income and furnish inaccurate particulars of income. 4. Being aggrieved by the penalty order, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal

M/S. Singh Consultancy Pvt. Ltd., New Delhi vs. ITO, New Delhi

In the result, appeal filed by the assessee is allowed

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastavaassessment Year : 2009-10

assessee and observing that the assessee has concealed its income to the extent of Rs.2,47,06,820/- willfully and knowingly by furnishing inaccurate particulars of income, he levied penalty of Rs.74,12,046/- being 100% of the tax sought to be evaded. 3. In appeal, the learned ... copy to penalty order, he submitted that the Assessing Officer while levying penalty records satisfaction that the assessee knowingly and willfully by furnishing inaccurate particulars of income concealed its income. He submitted that from the satisfaction in penalty order, there cannot be any dispute that the assessee is in default

Glory Lifesciences Pvt. Ltd., New Delhi vs. ACIT, Central Circle- 6, New Delhi

In the result, all the appeals of the Assessee are allowed

Bench: Shri Bhavnesh Saini & Shri N.K. Billaiya

Dated 20.06.2014, before levy of the penalty in which the A.O. has mentioned as under : “have concealed the particulars of your income or furnished inaccurate particulars of such income.” 3.2. Learned Counsel for the Assessee, therefore, submitted that since the additional ground is legal in nature and arise ... assessee have concealed the 5 ITA.Nos.5128, 5129, 5130 & 5131/Del./2017 M/s. Glory Lifesciences Pvt. Ltd., New Delhi. particulars of your income or furnished inaccurate particulars of such income. Thus the A.O. has not mentioned as to for which limb of Section 271(1)(c) of the I.T. Act penalty

Glory Lifesciences Pvt. Ltd., New Delhi vs. ACIT, Central Circle- 6, New Delhi

In the result, all the appeals of the Assessee are allowed

Bench: Shri Bhavnesh Saini & Shri N.K. Billaiya

Dated 20.06.2014, before levy of the penalty in which the A.O. has mentioned as under : “have concealed the particulars of your income or furnished inaccurate particulars of such income.” 3.2. Learned Counsel for the Assessee, therefore, submitted that since the additional ground is legal in nature and arise ... assessee have concealed the 5 ITA.Nos.5128, 5129, 5130 & 5131/Del./2017 M/s. Glory Lifesciences Pvt. Ltd., New Delhi. particulars of your income or furnished inaccurate particulars of such income. Thus the A.O. has not mentioned as to for which limb of Section 271(1)(c) of the I.T. Act penalty

Glory Lifesciences Pvt. Ltd., New Delhi vs. ACIT, Central Circle- 6, New Delhi

In the result, all the appeals of the Assessee are allowed

Bench: Shri Bhavnesh Saini & Shri N.K. Billaiya

Dated 20.06.2014, before levy of the penalty in which the A.O. has mentioned as under : “have concealed the particulars of your income or furnished inaccurate particulars of such income.” 3.2. Learned Counsel for the Assessee, therefore, submitted that since the additional ground is legal in nature and arise ... assessee have concealed the 5 ITA.Nos.5128, 5129, 5130 & 5131/Del./2017 M/s. Glory Lifesciences Pvt. Ltd., New Delhi. particulars of your income or furnished inaccurate particulars of such income. Thus the A.O. has not mentioned as to for which limb of Section 271(1)(c) of the I.T. Act penalty