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Commissioner of Income Tax Vs. T. Narayanaswami Pather

Court : Chennai

Reported in : [1998]229ITR529(Mad)

..... 16 of pondicherry (taxation concessions) order, 1964 notwithstanding anything contained in chapter xxi of the it act, 1961, the ito, the iac or the aac, who is authorised to impose a penalty under any provision of that chapter, may in the case of an assessee referred to in sub-cl. (a) of cl ..... the assessee's income-tax, wealth-tax and penalty appeals for this year came to be heard in the common order of the tribunal in ita nos ..... on the ground that the assessee had concealed his transactions in the name of his wife and that the assessee has not established that the funds belonged to his wife, he, therefore, considered that the income were benami income of the assessee and by its non-inclusion the assessee was liable to be penalised. 4. ..... the assessee late sri narayanaswami pather did not disclose income from investments in the name of smt. ..... 64 being in the nature of deemed income and that concealment cannot be presumed in respect of this amount ..... it was considered to be the income from the house property belonging to the assessee's wife ..... 230 being the income from house property standing in the name of his wife; (ii) interest of rs ..... 230 as income from house property held in assessee's wife's name was not justified ..... 16,868, since it is deemed income. ..... 83,908 on the ground that the assessee had concealed his transactions done in the name of his wife and also concealed his minor son's income. ..... the tribunal also noticed that it was the second year of extension of indian tax laws to pondicherry state. .....

Shri Ashwani Kumar, Jai Laxmi Cane Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

..... by assessee ares directed against the order of learned cit(a), muzaffarnagar dated 5.1.2006 in an appeal against order levying penalty under section 271d of the income-tax act, 1961 (the act). ..... , shri malik submitted that as per section 275(1)(c), no order imposing a penalty under chapter xxi shall be passed after expiry of the financial year in which the proceedings in the course of which action for imposition of penalty has been initiated are completed or six months from the end of the month in which action for imposition of penalty is initiated, whichever is later. ..... prescribes as under: 275(1) no order imposing a penalty under this chapter shall be passed: (c) in any other case, after the expiry of the financial year in which the proceedings, in the course of which action for the imposition of penalty has been initiated, are completed, or six months from the end of the month in which action for imposition of penalty on or before the 31^st day of march, 1989.as per above provision, it is clear that no order imposing penalty under section 271d shall be passed ..... submitted that shri rodhu singh and the assessee both are having agricultural income and neither of them has any income chargeable to tax and hence, no penalty should be imposed as the matter is covered by the exception provided in second proviso to section 269ss of the act. ..... continue the action earlier taken and in all case the order imposing penalty shall be passed within the limitation prescribed under section 275(1)(c). .....

Commissioner of Income-tax Vs. Vegetable Products Ltd.

Court : Kolkata

Reported in : [1971]80ITR14(Cal)

..... , on the facts and in the circumstances of the case, the tribunal was right in holding that in calculating the penalty leviable under section 271(1)(i) of the income-tax act, 1961, the amount paid by the assessee under the provisional assessment under section 23b of the indian income-tax act, 1922, was to he deducted from the amount of tax determined under section 23(3) of that act in order to determine the amount of tax on which the computation of penalty was to be based and in reducing the amount of the penalty imposed on the assessee to rs. ..... ) the lahore high court has held that, where notice under section 28 of the indian income-tax act, 1922, for the imposition of penalty has been issued before the assessment order is made, a penalty under that section may be imposed on a date subsequent to the date of the assessment order and even after the income-tax assessed has been paid by the assessee. ..... formerly, there was no separate chapter dealing with penalties but in the act of 1961, chapter xxi has been separately provided dealing with penalties alone and under the new scheme it was necessary that section 297 of the act should provide definitely and separately for the procedure to be followed in penalty matters and, therefore, clauses (f) and (g) separately deal with the question of penalty and it cannot be said that the matter of penalty is also by necessary implication included within clauses (a) and (b) which deal with .....

Smt. Kavita Kapoor Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (2007)110TTJ(Asr.)50

..... imposed by the ao under section 271(1)(c) of the income-tax act, 1961 (in short ' the act ..... i hold that the ao is justified in imposing penalty under section 271(1)(c) of the it act, 1961 for the following reasons: purchase/acquisition of gold ..... the orders for imposing the penalty have been quashed, i do not consider it necessary to decide the grounds relating to merits of the penalty imposed under section 271(1)(a) and 271(1)(c) of the act.these grounds of ..... therefore, the order for imposing penalty under section 271(1)(a) is illegal and without jurisdiction.accordingly, the order of the cit(a) is set aside and the penalty imposed by the ao under section ..... of interest payable by the central government is not applicable to the initiation of penalty proceedings under chapter xxi of the act. ..... the penalty imposed by the ao under section 271(1)(c), i find that the ao has merely mentioned towards the end that the penalty proceedings ..... the penalty imposed for late ..... he, therefore, contended that penalty imposed by the ao under section 271(1)(a) without initiating the proceedings in the assessment order is without jurisdiction and such order is ..... official by the name who signed the records produced before the ao and the assessee did not own any land.based on such evidence, the ao can initiate penalty proceedings under section 271(1)(c) at the time of completing the set aside assessment because the factum of concealment came to his knowledge during the course of completing the set aside assessment. .....

Commissioner of Income-tax Vs. Drapco Electric Corporation

Court : Gujarat

Reported in : [1980]122ITR341(Guj)

..... the fact that the income-tax officer has to refer the case to the inspecting assistant commissioner if the minimum imposable penalty exceeds the sum of rupees one thousand in a case falling under, clause (c) of sub-section (1) of section 271 would not show that the proceedings in such a case cannot be initiated by the income-tax officer. ..... it would, indeed, be the satisfaction of the income-tax officer in the course of the assessment proceedings regarding the concealment of income which would constitute the basis and foundation of the proceedings for levy of penalty...it may also be observed that what is contemplated by sections 271 and 274 of the act is that there should be, prima facie, satisfaction of the income-tax officer or the appellate assistant commissioner in respect of matters mentioned in sub-section (1) before he hears the assessee or gives him an opportunity of being ..... act, 1961, and, in the alternative, that it was also covered by section 271(1)(c) read with the explanation to the said section as the income returned was less than 20% of the assessed income. ..... 1,000, then, the ito was required to refer the case to the iac who was to have, for the purpose, all the powers conferred under the said chapter for the imposition of penalty.10. ..... xxi could be made unless the assessee had been heard or had been given a reasonable opportunity of being heard. .....

S.B.i. Home Finance Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [2001]249ITR438(Cal)

..... this is to consider an application for stay of all further penalty proceedings initiated pursuant to a notice dated march 20, 2000, under section 271(1)(c) of the income-tax act, 1961 (hereinafter referred to as 'the act') in respect of the assessment year 1995-96 till the disposal of the instant appeal. ..... before we go into this question, we may also take note of chapter xxi of the act which deals with penalties imposable. ..... the assessing officer, while assessing the income-tax dues of the assessee, had passed direction for initiating a penalty proceeding against the assessee. ..... section 275 of the act under this chapter deals with bar of limitation for imposing penalties. ..... from a plain reading of section 275 of the act together with sub-section (7) of section 260a, it would be clear that in computing the period of limitation for the purpose of section 275 of the act, any period during which a proceeding under this chapter for the levy of penalty is stayed by an order or injunction of any court, shall be excluded. ..... an opportunity to the assessee to be reheard under the proviso to section 129 ; (it) any period during which the immunity granted under section 245h remained in force ; and (iii) any period during which a proceeding under this chapter for the levy of penalty is stayed by an order or injunction of any court,shall be excluded. ..... chapter xx deals with appeals. .....

S.B.i. Home Finance Ltd. Vs. Commissioner of Income Tax

Court : Kolkata

Reported in : (2000)163CTR(Cal)382

..... we may also take note of chapter xxi of the act which deals with penalties imposable. ..... assessing the income-tax dues of the assessee, had passed direction for initiating a penalty proceeding against ..... j.this is to consider an application for stay of all further penalty proceedings initiated pursuant to a notice dated 20-3-2000, under section 271(1)(c) of the income tax act (hereinafter referred to as 'the act') in respect of the assessment year 1995-96 till the disposal ..... hearing the learned senior counsel for the parties and after considering the scope and ambit of section 260a of the act, we are of the view that the high court under section 260a of the act has been duly conferred with power to stay a penalty proceeding which has been initiated pursuant to the assessment order out of which the present instant appeal arises in this court ..... , if the high court is satisfied that the case involves a substantial question of law as noted herein earlier, from sub-section (6) of section 260a it is pellucid that the sub-section (6) of section 260a of the act has duly conferred power on the high court to determine any issue which has not been determined by the tribunal or has been wrongly determined by the tribunal by reason of a decision on such question of law as is ..... the appellant filed an appeal and ultimately the income tax appellate tribunal (hereinfter referred to as 'tribunal ..... although the rental income of the plant was assessed in the hands of the appellant, the claim for depreciation was .....

Muthoot M. George Bankers Vs. Asstt. Commissioner of

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (1993)46ITD10(Coch.)

..... .-under the old provisions of chapter xxi of the income-tax act, no penalties were prescribed for failure to comply with the provisions of sections 269ss and 269t, which require that taking or accepting of certain loans or deposits or repayment of certain deposits by account payee cheques or account payee bank ..... if a minimum penalty is prescribed the authority competent to impose the penalty will be justified in refusing to impose penalty, when there is a technical or venial breach of the provisions of the act ..... chitty, faridabad, in violation of the provisions of section 269t of the income-tax act, 1961 and therefore levied penalty under section 271e of the said act in a sum equal to the amount of rs. ..... . further in terms of section 273b penalty is not imposable if the person proves that there was reasonable cause for the failure to observe the ..... further, the law is well settled that penalty will not be imposed merely because it is lawful to do ..... . state of orissa [1972] 83 itr 26, the apex court observed whether penalty should be imposed for failure to perform a statutory obligation is a matter of discretion of the authority to be exercised judiciously and on a consideration of all the ..... . penalty under section 271(1)(c) was imposed on the basis that the section as amended with effect from 1-4- ..... . the court may either chose to impose fine or may dispense with the imposition ..... cannot be said that the court has no discretion with regard to the quantum of fine to be imposed .....

Additional Commissioner of Income-tax Vs. Liladhar Chhajuram

Court : Madhya Pradesh

Reported in : [1983]140ITR416(MP)

..... act, 1961, by the income-tax appellate tribunal, indore ..... the very basis for an imposition of the penalty under section 271(1)(c) of the act is not the assessment year in respect of which the return of income has been filed but the return itself. ..... section 271(1)(c) imposes penalty for concealment of particulars of the income or furnishing inaccurate particulars ..... the declared income was less than 80% of the assessed income, proceedings for levy of penalty under section 271(1)(c) of the act were initiated. ..... chapter xxi of the ..... 1968, will not be applicable in spite of the fact that the return which is the basis for levy of penalty under section 271(1)(c) read with the explanation thereto was filed on january 8, 1969 ?'4. ..... was filed before the appellate tribunal and one of the grounds raised by the assessee was that the higher rate of penalty prescribed by the amended section with effect from april 1, 1968, could not be charged in relation to the income for the assessment year 1966-67. ..... the penalty was imposed in accordance with the provisions of section 271(1)(c) as amended with effect from april 1, ..... iac imposed a penalty of ..... clause (c) refers to penalty for the concealment of the particulars of income or furnishing inaccurate particulars ..... prevailed with the tribunal and it held that the amended provision which came into force on april 1, 1968, was not applicable retrospectively in respect of the income of the earlier assessment years, irrespective of the date of the filing of the return. .....

Mahavir Metal Works P. Ltd and anr. Vs. Union of India and anr.

Court : Delhi

Reported in : AIR1974Delhi73; [1974]95ITR197(Delhi)

..... challenged the validity of chapter xx-a of the income-tax act, 1961, as inserted therein by the taxation laws (amendment) act, 1972 for the first time and raised the following important questions of first impression, namely:-(1) whether chapter xx-a of the income-tax act, 1961 as inserted therein by the taxation laws (amendment) act, 1972 is wholly or partly a law enacted 'for the purpose of imposing or levying any tax or penalty' within the meaning of ..... the relevant part of the act of 1972, namely chapter xxa of the income-tax act 1961, was enacted to meet the widespread evil of tax liability and/or concealment of income, it is a law enacted 'for the purpose of imposing or levying and tax or penalty' within the meaning of art ..... is chapter xx-a of the income-tax act, 1961 as inserted therein by taxation laws (amendment) act, 1972 (hereinafter called the act of 1972) wholly or party a law enacted ' for the purpose of imposting or levying any tax or penalty' within ..... property in the sale deeds and who is also supposed to have received more consideration that is stated in the instrument of transfer would be dealt with separately, for instance, under section 52 of the income-tax act, 1961 as chapter xxa 3. ..... laws (amendment) act, 1972 inserting chapter xx-a in the income-tax act, 1961 is also a ..... of this authoritative interpretation of the scope of article 31-c that we have to consider the validity of the act of 1972 as inserted in chapter xxa of the income-tax act, 1961.article 39(b):-8. .....