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6 results for “penalty u/s 271”+ Section 54Dclear

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Key Topics

Section 26320Section 143(3)9Section 271(1)(c)7Section 1437Section 54F5Deduction5Section 144C4Capital Gains4Section 54B3

M/S. SHOURIE DUPLICATORS PVT. LTD.,NEW DELHI vs. ITO, NEW DELHI

In the result, appeal of the assessee is allowed

ITA 1871/DEL/2012[2006-07]Status: DisposedITAT Delhi29 Jul 2016AY 2006-07

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2006-07 M/S. Shourie Duplicators Vs. Income Tax Officer, Ward- Pvt. Ltd., 16A, Palam Marg, 8(2), New Delhi F-1, Vasant Vihar, New Delhi Gir/Pan :Aaacs0541B (Appellant) (Respondent) Appellant By Sh. K.V.S.R. Krishna, Advocate Respondent By Smt. Anima Barnwal, Sr. Dr Date Of Hearing 28.06.2016 Date Of Pronouncement 29.07.2016 Order Per O.P. Kant, A.M.: This Appeal By The Assessee Is Directed Against The Order Dated 19/12/2011 Of Learned Commissioner Of Income-Tax (Appeals)-Xi, New Delhi For Assessment Year 2006-07. In The Impugned Order, Learned Commissioner Of Income-Tax (Appeals) Has Sustained The Penalty Levied Under Section 271(1)(C) Of The Act By The Assessing Officer. The Grounds Of Appeal Raised By The Assessee Are As Under: “1. The Ld. Cit(A) Ought To Hrave Deleted The Penalty Imposed By The Ao U/S 271(1)(C) Of Rs.28,46,000/- As There Is No Concealment Of Income Or Furnishing Of Inaccurate Particulars Of Income. 2. The Cit(A) Has Failed To Appreciate That The Appellant Has Disclosed The Complete Transaction In The Audited

Section 143(1)Section 143(2)Section 143(3)Section 271(1)(C)Section 271(1)(c)Section 45
Section 92C3
Penalty3
Disallowance3
Section 54D
Section 54E

penalty u/s 271(1)(c) should be levied. The same should be deleted. 4. The appellant further contends that the Managing Director of the Company is presently non-resident and has mainly relied upon the advice of the professionals. Therefore, the assessee cannot be penalized for action taken based on such professional advice. 5. The appellant reserves the right

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

ITA 6049/DEL/2016[2011-12]Status: DisposedITAT Delhi18 Oct 2019AY 2011-12

Bench: Ms. Sushma Chowla & Shri Anadee Nath Misshra

For Appellant: Shri Rajesh Jain, CAFor Respondent: Ms. Paramita M. Biswas, CIT(DR)
Section 143(3)Section 14ASection 271(1)(c)Section 40

271(1)(c) of I.T. Act, and allowed the appeal of the assessee. The present appeal before Income Tax Appellate Tribunal (“ITAT”, for short) has been filed by Revenue against the aforesaid order dated 26.09.2016 wherein Ld. CIT(A) deleted the penalty. At the time of hearing before us, the learned Authorized Representative (“Ld. AR”, for short) for assessee submitted

GUNJAN GARG,DELHI vs. PR. CIT-16, NEW DELHI

Appeal of the assessee is allowed considering the above two aspects and keeping the other aspects open

ITA 1205/DEL/2020[2015-16]Status: DisposedITAT Delhi09 Nov 2020AY 2015-16

Bench: Shri H.S.Sidhu & Shri Prashant Maharishi(Through Video Conferencing) Gunjan Garg, Vs. Pr. Cit-16, C/O. Raj Kumar & Associates Ca, Room No. 101, Drum Shape L-7A(Lgf) South Exten. Part-Ii, New Building, New Delhi Delhi Pan: Aagpg5718B (Appellant) (Respondent) Mukesh Garg, Vs. Pr. Cit-16, C/O. Raj Kumar & Associates Ca, Room No. 101, Drum Shape L-7A(Lgf) South Exten. Part-Ii, New Building, New Delhi Delhi Pan: Aaapg2585Q (Appellant) (Respondent)

For Appellant: Shri Raj Kumar Gupta, CAFor Respondent: Ms. Suniita Singh, CIT DR
Section 111Section 143Section 143(3)Section 245FSection 263Section 54B

54D, 54G and 54GA Subsequently notices were issued and explanation was filed by the assessee. Consequent to that the income of the assessee was assessed u/s 143 (3) of The Act on 29 November 2017 at the same income which was returned, by the Asst Commissioner Of Income Tax, Circle 48 (1), New Delhi [ The ld AO] . 6. In review

MUKESH GARG,NEW DELHI vs. PR. CIT - 16, NEW DELHI

Appeal of the assessee is allowed considering the above two aspects and keeping the other aspects open

ITA 1206/DEL/2020[2015-16]Status: DisposedITAT Delhi09 Nov 2020AY 2015-16

Bench: Shri H.S.Sidhu & Shri Prashant Maharishi(Through Video Conferencing) Gunjan Garg, Vs. Pr. Cit-16, C/O. Raj Kumar & Associates Ca, Room No. 101, Drum Shape L-7A(Lgf) South Exten. Part-Ii, New Building, New Delhi Delhi Pan: Aagpg5718B (Appellant) (Respondent) Mukesh Garg, Vs. Pr. Cit-16, C/O. Raj Kumar & Associates Ca, Room No. 101, Drum Shape L-7A(Lgf) South Exten. Part-Ii, New Building, New Delhi Delhi Pan: Aaapg2585Q (Appellant) (Respondent)

For Appellant: Shri Raj Kumar Gupta, CAFor Respondent: Ms. Suniita Singh, CIT DR
Section 111Section 143Section 143(3)Section 245FSection 263Section 54B

54D, 54G and 54GA Subsequently notices were issued and explanation was filed by the assessee. Consequent to that the income of the assessee was assessed u/s 143 (3) of The Act on 29 November 2017 at the same income which was returned, by the Asst Commissioner Of Income Tax, Circle 48 (1), New Delhi [ The ld AO] . 6. In review

SUBRAMANIAN SWAMINATHAN,NEW DELHI vs. ACIT (INTERNATIONAL TAXATION), CIRCLE-3(1)(2), NEW DELHI

In the result, the appeal of the assessee is allowed

ITA 7904/DEL/2018[2015-16]Status: DisposedITAT Delhi12 May 2023AY 2015-16

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. Sankalp Malik, AdvFor Respondent: Sh. Sanjay Kumar, Sr. DR
Section 271(1)(c)Section 54BSection 54F

54D, 54G & 54GA” as would be evident from the Assessment Order (Para 2, Page 1 of the Assessment Order) 5. During scrutiny proceedings, the said claim of deduction under section 54F, had been examined in detail and duly allowed. However, only the indexed cost of acquisition of Rs. 10,25,801/- & the expense of Rs. 2,83,473/- was disallowed

HERO MOTOCORP LIMITED,NEW DELHI vs. JCIT, NEW DELHI

In the result appeal of the assessee in ITA No

ITA 1545/DEL/2015[2010-11]Status: DisposedITAT Delhi24 Oct 2016AY 2010-11

Bench: Sh. I. C. Sudhir & Shri Prashant Maharishihero Motocorp Limited, Jcit, 34, Basant Lok, Vasant Range-1, New Delhi Vs. Vihar, New Delhi Pan: Aaach0812J (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Vs. New Delhi Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. NC Sawain, CIT DR
Section 143Section 143(3)Section 144CSection 92C

penalty leviable thereon. Accordingly, income accrued in the succeeding year. Assuming while denying he submitted that it is respectfully submitted that the adjustment being revenue neutral, would not affect tax liability of the appellant. In the past history of similar addition is submitted that aforesaid issue is covered by the decision of ITAT in appellant‘s own case