“furnishing inaccurate particulars”

ITO, New Delhi vs. Shri Om Prakash Aggarwal, Delhi

In the result, both the appeals filed by the Revenue are dismissed

Reliance Petro Products (2010) 322 ITR 158, disapproved of the Revenue's contention that submitting an incorrect claim for expenditure would amount to furnishing inaccurate particulars of such income. It was observed that unless the case is strictly covered by the provisions of Sec. 271(l)(c) the penalty provision

ITO, New Delhi vs. Shri Om Prakash Aggarwal, Delhi

In the result, both the appeals filed by the Revenue are dismissed

Reliance Petro Products (2010) 322 ITR 158, disapproved of the Revenue's contention that submitting an incorrect claim for expenditure would amount to furnishing inaccurate particulars of such income. It was observed that unless the case is strictly covered by the provisions of Sec. 271(l)(c) the penalty provision

Bmw India Financial Services P.Ltd, Gurugram vs. DCIT, Circle-1(1), New Delhi

In the result, the appeals of the assessee are allowed

Bench: Sh. C. N. Prasaddr. B. R. R. Kumarita No. 478/Del/2022 : Asstt. Year : 2017-18 Ita No. 562/Del/2022 : Asstt. Year : 2018-19 Bmw India Financial Services Pvt. Ltd., Vs Dcit, 1St Floor, Building No. 11, The Oberoi Circle-10(1), Corporate Tower, Dlf Cyber City, Delhi Phase-2, Gurgaon, Haryana-122002 (Appellant) (Respondent) Pan No. Aadcb8986G Assessee By : Sh. Ajit Jain, Ca Revenue By : Sh. Rajesh Kumar, Cit Dr Date Of Hearing: 01.02.2023 Date Of Pronouncement: 03.02.2023

General 11 On facts and in law, the Ld. AO erred in initiating penalty proceedings u/s 271(1)(c) of the Act for furnishing inaccurate particulars of income.” 4. In ITA No. 562/Del/2022, following grounds have been raised by the assessee: “1. On the facts and circumstances of the case ... Services Pvt. Ltd. 9 On facts and in law, the Ld. AO erred in initiating penalty proceedings u/s 270A of the Act for furnishing inaccurate particulars of income.” 5. At the outset, the ld. AR submitted that out of all the grounds filed, the assessee would be contesting the grounds

Bmw India Financial Services Private Limited, Gurgaon vs. DCIT, Circle-10(1), Delhi

In the result, the appeals of the assessee are allowed

Bench: Sh. C. N. Prasaddr. B. R. R. Kumarita No. 478/Del/2022 : Asstt. Year : 2017-18 Ita No. 562/Del/2022 : Asstt. Year : 2018-19 Bmw India Financial Services Pvt. Ltd., Vs Dcit, 1St Floor, Building No. 11, The Oberoi Circle-10(1), Corporate Tower, Dlf Cyber City, Delhi Phase-2, Gurgaon, Haryana-122002 (Appellant) (Respondent) Pan No. Aadcb8986G Assessee By : Sh. Ajit Jain, Ca Revenue By : Sh. Rajesh Kumar, Cit Dr Date Of Hearing: 01.02.2023 Date Of Pronouncement: 03.02.2023

General 11 On facts and in law, the Ld. AO erred in initiating penalty proceedings u/s 271(1)(c) of the Act for furnishing inaccurate particulars of income.” 4. In ITA No. 562/Del/2022, following grounds have been raised by the assessee: “1. On the facts and circumstances of the case ... Services Pvt. Ltd. 9 On facts and in law, the Ld. AO erred in initiating penalty proceedings u/s 270A of the Act for furnishing inaccurate particulars of income.” 5. At the outset, the ld. AR submitted that out of all the grounds filed, the assessee would be contesting the grounds

Shailendra, Meerut vs. ITO, Ward- 2(3), Meerut

In the result, the appeal of the assessee is dismissed

Bench: Shri Kul Bharat[Assessment Year : 2009-10] Shailendra, Vs Ito, C/O-Vinod Kumar Goel, 282, Ward-2(3), Boundary Road, Civil Lines, Meerut. Meerut, Uttar Pradesh. Pan-Cavps9753D Appellant Respondent Appellant By None Respondent By Ms. Maimun Alam, Sr.Dr Date Of Hearing 02.02.2023 Date Of Pronouncement 02.02.2023

wage and routine manner and from the notice, it is not cleared whether the assessee has concealed the particulars of income or furnished inaccurate particulars of income. A.O. Observation: In this regard, Ld. A.O. observed as under: That on going through the relevant documents during the course of assessment proceedings ... notice U/s 271(1)(c) dated 26-12-2016, the A.O. given reason as under: have concealed the particulars of your income of --------------- furnished inaccurate particulars of such income. This shows the assessee was not sure whether the assessee concealed any income or furnished inaccurate particulars of income, which

Sahdev Jewellers, New Delhi vs. ACIT Circle-51(1), New Delhi

In the result, the appeal filed by the Assessee stands

Bench: Shri Anil Chaturvedi & Shri N.K. Choudhryassessment Year : 2011-12

levied penalty to the tune of Rs.33,11,090/- @ 100% of tax sought to be evaded, for concealing the particulars of income or furnishing inaccurate particulars of such income. 8. The Assessee, being aggrieved against the levy of penalty, preferred first appeal before the ld. Commissioner, 6 who vide impugned ... inaccurate particulars of income. Further vide para No. 15 of the penalty order dated 27.11.2018, the Assessing Officer held that the Assessee has furnished inaccurate particulars of income and in this 7 way also concealed the income. The ld. Commissioner vide impugned order found the Assessee guilty for concealing

Boutique Hotels India Pvt. Ltd., New Delhi vs. ACIT Circle-5(1), New Delhi

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Kul Bharat[Assessment Year : 2016-17] M/S. Boutique Hotels India Vs Acit, Pvt.Ltd., B-106, Gujranwala Town, Circle-5(1), Part-1, Opp.Model Town 2, New Delhi New Delhi-110049 Pan-Aaach2439K Appellant Respondent Appellant By Shri Rohit Golecha, Ca Respondent By Shri Om Parkash, Sr.Dr Date Of Hearing 18.01.2023 Date Of Pronouncement 31.01.2023

Hence, addition of Rs.8,75,075/- is made to the returned income. Penalty proceedings u/s 271(1)(c) are being initiated separately for furnishing inaccurate particulars of income/concealment of income.” 18. The above finding of Ld.CIT(A) is non-speaking and has not adverted to the submission of the assessee

ACIT, Circle-69(1), New Delhi vs. Sanjay Choudhary, Delhi

Bench: Sh. N.K.Billaiya & Sh. Anubhav Sharmaita No.1274/Del/2020, A.Y. 2013-14

documentary evidence whatsoever, in support of his claim of construction during these proceedings. (Disallowance - Rs.3,14,48,500/-) Since the assessee has furnished inaccurate particulars of the income. Penalty proceedings u/s 271(1)(c) of the Income Tax Act, 1961 is being initiated separately for furnishing inaccurate particulars

Havells India Limited, New Delhi vs. ACIT Circle-1, Ltu, New Delhi

In the result, the appeal of the assessee is allowed

Bench: Shri Shamim Yahya & Ms. Astha Chandraasstt. Year: 2006-07 Havells India Limited Vs. Acit, Circle-1, 904, 9Th Floor, Surya Kiran Ltu Building, Kg Marg, New Delhi. Connaught Place, New Delhi – 110 001. Pan Aaach0351E (Appellant) (Respondent)

concealment” which is contrary to the factum of initiation of penalty in the assessment order by considering the appellant as guilty of “furnishing inaccurate particulars”. 8. That on the facts and in the circumstances of the case, the Learned CIT(A) erred both in law and on facts in upholding

Abhinav International Pvt. Ltd., New Delhi vs. DCIT Circle-1(1), New Delhi

In the result, appeal of appellant bearing Appeal

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

were not never utilized for the business of the appellant. Considering the facts of the case, it is held that the appellant has furnished inaccurate particulars of income to the extent of Rs. 95,17,010/-. Accordingly, it is held that the appellant is liable for penalty ... held that the provisions of section 271(1)(c) are attracted to the disallowance of Rs 95,17,010/- for furnishing inaccurate particulars of income as discussed above in the instant case. Accordingly, the penalty of Rs 29,40,760/- imposed u/s 271 (1)(c) is upheld in the instant

Guardian Lifecare Pvt. Ltd., New Delhi vs. ACIT, Circle- 10(2), New Delhi

In the result, these appeals of the assessee stand allowed for statistical purposes

THAT in the facts and circumstances of the case, the CIT(A) erred in partly confirming the order of A.O. that assessee had furnished inaccurate particulars of his income and then proceeded to levy penalty.” 4. At the outset, in this case, ld. Counsel for the assessee stated that ... notice under section 274 of the Act is defective as no specific limb for initiation of penalty i.e. whether for concealment or for furnishing inaccurate particulars of income has been mentioned, however, since the appellant has contested this technical issue 3 ITA Nos.6737 & 6738/Del./2019 in its written submission

Guardian Lifecare Pvt. Ltd., New Delhi vs. ACIT, Circle- 10(2), New Delhi

In the result, these appeals of the assessee stand allowed for statistical purposes

THAT in the facts and circumstances of the case, the CIT(A) erred in partly confirming the order of A.O. that assessee had furnished inaccurate particulars of his income and then proceeded to levy penalty.” 4. At the outset, in this case, ld. Counsel for the assessee stated that ... notice under section 274 of the Act is defective as no specific limb for initiation of penalty i.e. whether for concealment or for furnishing inaccurate particulars of income has been mentioned, however, since the appellant has contested this technical issue 3 ITA Nos.6737 & 6738/Del./2019 in its written submission

M/S. Cellcast Interactive India Pvt. Ltd., Delhi vs. DCIT, New Delhi

In the result, this appeal filed by the assessee stands allowed for statistical purposes only

Bench: Shri Shamim Yahya & Ms Astha Chandra

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “B” : DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND MS ASTHA CHANDRA

ITO Ward-23(4), New Delhi vs. Silvertone Infrastructure Pvt. Ltd., New Delhi

In the result, this appeal by the Revenue stands dismissed

Bench: Shri Shamim Yahya & Ms Astha Chandra

about the charge of penalty it is incumbent upon the AO to state whether penalty was levied for concealment of income or for furnishing inaccurate particulars of income. Even if the penalty proceeding are in the nature of civil liability, in fact, it is penal in nature. The person