Section 271 - Judgment Search Results

Jage Ram and ors. Vs. Union of India (Uoi) and ors.

Court: Supreme Court of India

Reported in: JT1995(9)SC126; 1995(6)SCALE431; 1995Supp(4)SCC615; [1995]Supp5SCR49

..... the petitioners 2 the writ petitions are accordingly dismissed no costs section 271 1 c tarun chatterjee r m lodha jj penalty ay 2002 ..... of decisions in dharamendra textile and rajasthan spg nd wvg mills section 271 1 c tarun chatterjee r m lodha jj levy of penalty ..... income mens rea if essential for imposing penalty held penalty under section 271 1 c is neither criminal nor quasi criminal but a civil .....

income-tax Officer Vs. B.A. Patravali and Sons

Court: Income Tax Appellate Tribunal ITAT Pune

..... for the purpose of penalty under section 271 1 a of the act sub section 2 of section 271 has to be taken into account for sub section 2 of section 271 for the purpose of penalty a ..... i a person committing default under clause a of section 271 1 being a registered firm does not fall automatically under sub section 2 of section 271 section 271 1 does not exclude registered firms but incorporates .....

Prabhat Oil Traders Vs. Income-tax Officer (No. 3)

Court: Income Tax Appellate Tribunal ITAT Ahmedabad

..... the assessment order or in the penalty notice issued under section 271 read with section 274 of the income tax act 1961 since the ..... held that since the assessing officer initiated and levied enalty under section 271 1 c on account of the said addition the penalty ..... the penalty proceedings have been initiated on the main provision of section 271 1 c the penalty cannot be levied for deemed income .....

Gulamrasul M. Pathan Vs. Assistant Commissioner of

Court: Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in: (1996)57ITD129(Ahd.)

..... the assessee s reply dated 22 4 1989 imposed penalty under section 271 1 c amounting to rs 6 00 810 in respect of ..... a plain reading of the provisions contained in explanation 5 to section 271 1 c clearly reveals that the presumption as to deemed concealment ..... of income by itself would not attract levy of penalty under section 271 1 c unless the actual offence of concealment is committed the .....

Assistant Commissioner of Vs. Dr. T.N. Venkataraman

Court: Income Tax Appellate Tribunal ITAT Madras

Reported in: (1995)54ITD694(Mad.)

..... particulars of income or furnished inaccurate particulars of such income and therefore penalty under section 271 1 c was warranted presumably the amendment to the said explanation 5 made by ..... assessee therefore the assessee has to resort to exceptions provided in the explanation 5 to section 271 l c because the assessee voluntarily included even investment unexplained investment and offered as .....

Shiv Narayan Shivhare Vs. Commissioner of Income-tax

Court: Madhya Pradesh

Reported in: [1997]224ITR294(MP)

..... the case the appellate tribunal having held that explanation to section 271 1 c is applicable could exclude certain income from calculation ..... laws amendment act 1975 the quantum of penalty imposable under section 271 1 c read with the explanation thereto is correctly computed ..... by the appellate tribunal was rightly rejected the provisions of section 271 1 c of the act were thoroughly consideredand it .....

Raj Motors Vs. Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (1995)54ITD542(Delhi)

..... 169 itr 782 all though not specifically invoked by the assessing officer explanation 1 to section 271 1 applies for this proposition reliance is placed on the decision of the tribunal dated ..... the transactions were not proved the case falls under clause b of explanation 1 to section 271 1 the departmental representative contended that even though the assessing officer has not specifically invoked .....

Polycast Spun Pipes Vs. Assistant Commissioner of

Court: Income Tax Appellate Tribunal ITAT Chandigarh

Reported in: (1995)53ITD546(Chd.)

..... 80 in respect of penalties imposed by the departmental authorities under sections 271 1 c 271 1 b and 273 1 b which were disposed of ..... the charge against the assessee culminating in the levy of penalty under section 271 1 c was not precisely intimated to the assessee the order ..... loss thus the word income in clauses c and iii of section 271 1 of the act refers to positive income only explanations 3 .....

Pradip Lamps Works Vs. Commissioner of Income-tax

Court: Supreme Court of India

Reported in: [2001]249ITR797(SC); (2002)9SCC399

..... leviable in the case of a registered firm under section 271 l a read with section 271 2 the tax payable by such firm should be ..... tax with reference to which penalty was leviable under section 271 l a read with section 271 2 the tax paid by the partners in their ..... in the other provisions of the act the penalty imposable under section 271 sub section 1 shall be the same amount as would be imposable on .....

Agra Beverages Corporation Pvt. Ltd. Vs. Income-tax Appellate Tribunal ...

Court: Allahabad

Reported in: [1995]216ITR835(All); [1995]83TAXMAN632(All)

..... whereby the tribunal respondent no 1 refused to stay proceedings under section 271 1 c of the act initiated against the petitioner 3 ..... 2 issued notices to the petitioner for imposition of penalty under section 271 1 c read with clause iii and explanation 1 thereof ..... already issued by respondent no 2 and since the proceedings under section 271 of the act entail penal consequences and are penal in .....