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“levy of penalty”

PenaltySection 271Section 2715,057 judgments

The decision most relied on for levy of penalty is CIT v. Manjunatha Cotton & Ginning Factory (359 ITR 565), cited in 2,590 judgments on BharatTax.

Leading authorities on levy of penalty

CIT v. Manjunatha Cotton & Ginning Factory
359 ITR 565 · 2013 · High Court
2,590
citing judgments

A penalty notice issued under section 274 read with section 271(1)(c) is invalid if it fails to specify whether the penalty proceedings are initiated for concealment of income or for furnishing inaccurate particulars of income. This non-specification vitiates the penalty proceedings.

CIT v. Reliance Petroproducts Pvt. Ltd.
322 ITR 158 · 2010 · Supreme Court
2,228
citing judgments

Penalty under Section 271(1)(c) for furnishing inaccurate particulars or concealment of income is not automatically leviable if the assessee has made a full disclosure of all particulars and the addition or disallowance arises from a difference of opinion.

Ashok Pai v. CIT
292 ITR 11 · 2007 · Supreme Court
812
citing judgments

“Concealment of particulars of income” and “furnishing inaccurate particulars of income” are two distinct offences under Section 271(1)(c) of the Income Tax Act. A penalty cannot be levied under one limb if the show cause notice or basis for penalty specifies the other, as this constitutes a complete variance in the reasons for assuming jurisdiction.

Rashmikant Kundalia v. Union of India
54 Taxmann.com 200 · 2015 · High Court
702
citing judgments

Section 234E, levying late fees for delayed filing of TDS statements under section 200(3), is constitutionally valid and constitutes a compensatory fee, not a punitive penalty. Before treating any person as an assessee-in-default, an opportunity of being heard must be provided.

Dilip N. Shroff v. JCIT
291 ITR 519 · 2007 · Supreme Court
565
citing judgments

A penalty notice issued under Section 271(1)(c) is invalid if the Assessing Officer fails to strike out the inapplicable limb (concealment or furnishing inaccurate particulars) from the standard proforma, indicating non-application of mind. The initial burden of proving concealment or inaccurate particulars rests on the Revenue.

CIT v. Kaushalya
216 ITR 660 · 1995 · High Court
511
citing judgments

A penalty levied under Section 271(1)(c) for concealment or furnishing inaccurate particulars of income is not invalidated by the Assessing Officer's failure to strike off irrelevant portions in the show cause notice, provided the assessee understood the exact charge and suffered no prejudice, indicating an application of mind by the AO.

CIT v. Manu Engg
122 ITR 306 · 1980 · High Court
505
citing judgments

When levying a penalty under Section 271(1)(c), the Assessing Officer must clearly specify whether it is for concealment of income or furnishing inaccurate particulars. An ambiguous notice or order using "and/or" for these limbs, or a standard proforma without striking irrelevant clauses, indicates non-application of mind and renders the penalty unsustainable.

Hindustan Steel Ltd. v. State of Orissa
83 ITR 26 · 1972 · Supreme Court
502
citing judgments

An order imposing penalty for failure to carry out a statutory obligation results from quasi-criminal proceedings. Penalty is not ordinarily imposed unless the party acted deliberately in defiance of law, was guilty of contumacious or dishonest conduct, or acted in conscious disregard of their obligation.

Judgments citing levy of penalty

Deputy Commissioner of Income Tax, Centre-Circle-7(1), Mumbai vs. M/S. Classic Shares and Stock Services Ltd., Mumbai

In the result, the appeal filed by the revenue is

ITA 1392/MUM/2022[2002-03]Status: DisposedITAT Mumbai30 Aug 2022AY 2002-03

Bench: Shri Baskaran Br & Shri Pavan Kumar Gadaledcit, Cc-7(1) Vs. M/S. Classic Shares R.No. 676B, 6Th Floor & Stock Services Aayakar Bhavan, Ltd., M.K. Road, 121, 1St Floor, Radha Mumbai-400020 Bhawan, Nigindas Master Road, Fort, Mumbai – 400023 Pan/Gir No. : Aaccc5745P Appellant .. Respondent Appellant By : Mr.Ujjawal Kumar.Dr Respondent By : Mr.Akash Kumar.Ar Date Of Hearing 25.08.2022 Date Of Pronouncement 29.08.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of The Cit(A) Passed U/S 271(1)(C) & 250 Of The Act. The The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Mr.Ujjawal Kumar.DRFor Respondent: Mr.Akash Kumar.AR
Section 143(2)Section 271(1)(c)Section 292B

Stock Services Ltd., Mumbai. 7. Contra the Ld.AR submitted that the assessee has submitted information before the AO and the notice issued for levy of penalty is invalid and the CIT(A) has correctly deleted the penalty relying on the facts and judicial decisions and the Ld.AR relied ... issue is that the CIT(A) has erred in deleting the penalty, were the assessee has challenged in the appellate proceedings on the levy of penalty being legal issue as the A.O. has not applied his mind and non striking of charge in the penalty notice i.e. whether the charge

Deputy Commissioner of Income Tax 10(2)(1), Mumbai vs. Lyka Labs Ltd, Mumbai

In the result, the appeal filed by the revenue is dismissed

ITA 2934/MUM/2019[2001-02]Status: DisposedITAT Mumbai29 Aug 2022AY 2001-02

Bench: Shri Pramod Kumar & Shri Pavan Kumar Gadaledcit – 10(2)(1) Vs. M/S. Lyka Labs Ltd., 5Th Floor, Room No. Ground Floor, Spencer 509, Aayakar Bhavan, Bldg, 30, Forjett Street. Churchgate, Grant Road(West), Mumbai -400036. Mumbai -400020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacl0820G Appellant .. Respondent Appellant By : Smt.Shailja Rai. Cit Dr Respondent By : Shri .Jayesh Dadia. Ar Date Of Hearing 28.07.2022 Date Of Pronouncement 29.08.2022 आदेश / O R D E R Per Pavan Kumar Gadale, Jm: The Revenue Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals) -17, Mumbai Passed U/S 271(1)(C) & 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Smt.Shailja Rai. CIT DRFor Respondent: Shri .Jayesh Dadia. AR
Section 143(2)Section 14ASection 271(1)(c)Section 28Section 55(2)

Lyka Labs Ltd., Mumbai. A.O was not satisfied with the explanations and observed that the asseessee has furnished inaccurate particulars of income and levied a penalty of Rs.9,12,47,500/- and passed the order u/s 271(1)(c) of the Act dated 30.07.2015. 5. Aggrieved by the penalty order ... recorded by the CIT(A) and the Tribunal that there was no concealment or misrepresentation by the assessee, impugned order setting aside the levy of penalty under s. 271 (1)(c) cannot be held to be erroneous and no substantial question of law arises. Lyka Labs Ltd., Mumbai