DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, THIRUVANNAMALAI

u/s 271(1)(c) of the IT Act. The ld.\nAO imposed penalty by invoking the Explanation 5A to section\n271(1)(c) of the Act, which has been confirmed by Id. CIT (A) by\nconsidering the judgement of Hon'ble Supreme Court in the case of MAK\nData Pvt. Ltd. (supra). But for imposing the penalty under Explanation

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, TIRUVANNAMALAI

u/s 271(1)(c) of the IT Act. The ld.\nAO imposed penalty by invoking the Explanation 5A to section\n271(1)(c) of the Act, which has been confirmed by ld. CIT (A) by\nconsidering the judgement of Hon'ble Supreme Court in case of MAK\nData Pvt. Ltd. (supra). But for imposing the penalty under Explanation

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, THIRUVANNAMALAI

In the result, all the six appeals of the Revenue are\ndismissed

u/s 271(1)(c) of the IT Act. The ld.\nAO imposed the penalty by invoking the Explanation 5A to section\n271(1)(c) of the Act, which has been confirmed by ld. CIT (A) by\nconsidering the judgement of Hon'ble Supreme Court in the case of MAK\nData Pvt. Ltd. (supra). But for imposing the penalty under Explanation

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, TIRUVANNAMALAI

In the result, all the six appeals of the Revenue are\ndismissed

u/s 271(1)(c) of the IT Act. The ld.\nAO imposed penalty by invoking the Explanation 5A to section\n271(1)(c) of the Act, which has been confirmed by Id. CIT (A) by\nconsidering the judgement of Hon'ble Supreme Court in the case of MAK\nData Pvt. Ltd. (supra). But for imposing the penalty under Explanation

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, TIRUVANNAMALAI,

u/s 271(1)(c) of the IT Act. The ld.\nAO imposed the penalty by invoking the Explanation 5A to section\n271(1)(c) of the Act, which has been confirmed by Id. CIT (A) by\nconsidering the judgement of Hon'ble Supreme Court in the case of MAK\nData Pvt. Ltd. (supra). But for imposing the penalty under Explanation

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, CHENNAI

In the result, all the six appeals of the Revenue are\ndismissed

u/s 271(1)(c) of the IT Act. The\nAO imposed the penalty by invoking the Explanation 5A to section\n271(1)(c) of the Act, which has been confirmed by Id. CIT (A) by\nconsidering the judgement of Hon'ble Supreme Court in the case of MAK\nData Pvt. Ltd. (supra). But for imposing the penalty under Explanation

ST. JOSEPHS INSTITUTE OF SCIENCE AND TECHNOLOGY TRUST,CHENNAI vs. DCOT. CENTRAL CIRCLE-1(3), CHENNAI

In the result, all the appeals filed by the assessees are allowed

Bench: Shri Aby T. Varkey & Shri Jagadish

270A(9) is quashed. Ground of appeal #4: PENALTY LEVIABLE UNDER SECTION 271AAB IS OPTIONAL AND NOT MANDATORY The Ld. AO erred in levying penalty u/s 271AAB of the Act vide order dated 30- 03-2022 without considering the appellants submission that the levy of penalty under Section 271AAB of the Act is discretionary and not mandatory in nature

ST.JOSEPHS EDUCATIONAL TRUST,CHENNAI vs. DCIT, CENTRAL CIRCLE-193), CHENNAI

In the result, all the appeals filed by the assessees are allowed

Bench: Shri Aby T. Varkey & Shri Jagadish

270A(9) is quashed. Ground of appeal #4: PENALTY LEVIABLE UNDER SECTION 271AAB IS OPTIONAL AND NOT MANDATORY The Ld. AO erred in levying penalty u/s 271AAB of the Act vide order dated 30- 03-2022 without considering the appellants submission that the levy of penalty under Section 271AAB of the Act is discretionary and not mandatory in nature