M/S. HOUSING AND URBAN DEVELOPMENT CORPORATION LTD.(HUDCO),NEW DELHI vs. DCIT, NEW DELHI

Appeals of the assessee stands allowed

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

depreciation on books and disallowance of Rs. 12,809,199/- on account of deduction u/s 36(i)(viii) of the Act. The ITAT also upheld the disallowances vide order dated 7th April, 2009. A penalty of Rs. 27,935,589/- was imposed u/s 271(1)(c) of the Income Tax Act, 1961 for furnishing inaccurate particulars of income which

M/S. HOUSING AND URBAN DEVELOPMENT CORPORATION LTD.(HUDCO),NEW DELHI vs. DCIT, NEW DELHI

Appeals of the assessee stands allowed

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastava

depreciation on books and disallowance of Rs. 12,809,199/- on account of deduction u/s 36(i)(viii) of the Act. The ITAT also upheld the disallowances vide order dated 7th April, 2009. A penalty of Rs. 27,935,589/- was imposed u/s 271(1)(c) of the Income Tax Act, 1961 for furnishing inaccurate particulars of income which

PR. COMMISSIONER OF INCOME TAX-19 vs. SHRI ANKUR AGGARWAL

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE NAJMI WAZIRI

Section 271(1)(c), would require the A.O. to prove that specifically there was some conduct on part of the assessee which would show that the assessee consciously intended to hide his income. 17. In this case, the A.O. in his order noted that the disclosure of higher income in the return filed by the assessee was a consequence

PR. COMMISSIONER OF INCOME TAX-19 vs. SHRI NEERAJ JINDAL

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE NAJMI WAZIRI

Section 271(1)(c), would require the A.O. to prove that specifically there was some conduct on part of the assessee which would show that the assessee consciously intended to hide his income. 17. In this case, the A.O. in his order noted that the disclosure of higher income in the return filed by the assessee was a consequence

PR. COMMISSIONER OF INCOME TAX-19 vs. SHRI ANKUR AGGARWAL

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE NAJMI WAZIRI

Section 271(1)(c), would require the A.O. to prove that specifically there was some conduct on part of the assessee which would show that the assessee consciously intended to hide his income. 17. In this case, the A.O. in his order noted that the disclosure of higher income in the return filed by the assessee was a consequence

SMT. MANJEET KAUR SRAN,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the 05 appeals filed by the Assessee stand allowed

Bench: Shri H.S. Sidhu & Shri R.K. Panda

depreciation on non-existent assets, penalty under section 271(1)(c) was to be levied for filing inaccurate particulars of income

SMT. MANJEET KAUR SRAN,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the 05 appeals filed by the Assessee stand allowed

Bench: Shri H.S. Sidhu & Shri R.K. Panda

depreciation on non-existent assets, penalty under section 271(1)(c) was to be levied for filing inaccurate particulars of income

SMT. MANJEET KAUR SRAN,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the 05 appeals filed by the Assessee stand allowed

Bench: Shri H.S. Sidhu & Shri R.K. Panda

depreciation on non-existent assets, penalty under section 271(1)(c) was to be levied for filing inaccurate particulars of income

SMT. MANJEET KAUR SRAN,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the 05 appeals filed by the Assessee stand allowed

Bench: Shri H.S. Sidhu & Shri R.K. Panda

depreciation on non-existent assets, penalty under section 271(1)(c) was to be levied for filing inaccurate particulars of income

SMT. MANJEET KAUR SRAN,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the 05 appeals filed by the Assessee stand allowed

Bench: Shri H.S. Sidhu & Shri R.K. Panda

depreciation on non-existent assets, penalty under section 271(1)(c) was to be levied for filing inaccurate particulars of income

HARISH KUMAR HUF,NEW DELHI vs. DCIT, CIRCLE-34(1), NEW DELHI

In the result, the appeal filed by the Assessee stands partly allowed

Bench: Shri H.S. Sidhu & Dr. B.R.R. Kumara.Y. : 2015-16

depreciation on non-existent assets, penalty under section 271 (1 )(c) was to be levied for filing inaccurate particulars of income

M/S. OCHOA LABORATORIES LTD.,NEW DELHI vs. ACIT, NEW DELHI

Bench: Shri R.K.Panda & Shri Kuldip Singh

depreciation on disallowance of FBT, PF & ESI respectively, out of which addition of Rs. 88,53,764/- has been deleted by the Ld. CIT(A) in respect of disallowance of FBT, PF, ESI and IT. The 3 ITA No.4967/Del./2016 AO initiated the penalty proceedings by way of issuance of notice u/s 274 read with section 271

AMIT BANSAL,HARYANA vs. ACIT CENTRAL CIRCLE-16, DELHI

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

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)

Section 271(1)(c), would require the A.O. to prove that specifically there was some conduct on part of the assessee which would show that the assessee consciously intended to hide his income. 17. In this case, the A.O. in his order noted that the disclosure of higher income in the return filed by the assessee was a consequence

SURESH CHAND BANSAL,HARYANA vs. ACIT, CENTRAL CIRCLE-16 , DELHI

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

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)

Section 271(1)(c), would require the A.O. to prove that specifically there was some conduct on part of the assessee which would show that the assessee consciously intended to hide his income. 17. In this case, the A.O. in his order noted that the disclosure of higher income in the return filed by the assessee was a consequence

AMIT BANSAL,HARYANA vs. ACIT, CENTRAL CIRCLE-16, DELHI

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

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)

Section 271(1)(c), would require the A.O. to prove that specifically there was some conduct on part of the assessee which would show that the assessee consciously intended to hide his income. 17. In this case, the A.O. in his order noted that the disclosure of higher income in the return filed by the assessee was a consequence

DCIT, NEW DELHI vs. M/S. GRANITE GATE PROPERTIES PVT. LTD., NEW DELHI

Bench: Shri H.S. Sidhu & Shri Anadi N Mishra

section 271 (1 )(c) was faulty. Hence, from this angle also, the imposition of penalty u/s 271 (1 )(c) was illegal. 12 V ITA Nos. 2239, 2240/Del/2014 20) Such indirect expenditure of RS.21,28,05,101/- as claimed was neither found to be bogus nor sham in nature and therefore, no penalty u/s 271 (1 )(c) could be levied

ACIT, NEW DELHI vs. M/S. RESURGERE MINES AND MINERALS INDIA LTD., MUMBAI

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

Bench: Shri Kuldip Singh & Shri Anadee Nath Misshra

Section 271(1), before the proceedings are concluded. In the assessee's case, the penalty proceedings have been sustained not on the basis of any defects in the books of accounts but for some error which has been accepted by the assessee. As the penalty proceedings are independent proceedings, though the finding in assessment proceedings are independent proceedings, these cannot

CIT vs. MAHANAGAR TELEPHONE NIGAM LTD

Bench: The Authorities Below Was With Regard To Tenability Of The Order Passed By The Assessing Officer (Hereinafter Referred To As „A.O.‟) In Levying A Penalty In The Sum Of Rs 21,34,200/- On The Assessee Under The Provisions Of Section 271(1)(C) Of The Income Tax Act, 1961 (In Short „I.T. Act‟). The

depreciation that the A.O. initiated penalty proceedings under Section 271(1)(c) of the I.T. Act. 3. With this prefatory