Section 271 - Judgment Search Results

Assistant Commissioner of Vs. Reliable Construction Co.

Court: Income Tax Appellate Tribunal ITAT Rajkot

Reported in: (2001)78ITD117(Rajkot.)

..... confirmed the addition it establishes beyond doubt that the assessee has committed a default under section 271 1 c of the act for filing inaccurate particulars during the course of hearing before ..... of assessment proceedings therefore the assessing officer was fully justified to initiate penalty proceedings under section 271 1 c as the assessee firm did not furnish the correct facts of the its .....

Sampatraj Ranka Vs. Assistant Commissioner of Income

Court: Income Tax Appellate Tribunal ITAT Jodhpur

Reported in: (2003)78TTJ(Jodh.)290

..... basis of assessee s declaration surrender would not automatically justify the imposition of penalty under section 271 1 c 8 the learned counsel for the assessee has cited various judgments in support ..... were made in the assessment proceedings would not automatically justify the imposition of penalty under section 271 1 c it is also a well established principle that the provisions relating to penalty .....

Spectrum Construction Co. Vs. Assistant Commissioner of

Court: Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in: (2001)77ITD153(Ahd.)

..... of unaccounted receipts reflected therein represents the concealed income of the assessee and penalty under section 271 1 c is therefore clearly leviable 14 in support of our view reliance is placed ..... preponderance of probabilities therefore in our opinion explanation 1 is clearly applicable and penalty under section 271 1 c is therefore leviable 17 in support of the view being taken by us .....

Deputy Cit Vs. Smt. Pannaben P. Desai

Court: Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in: (2001)79ITD30(Ahd.)

..... basis and it was a fit case attracting application of provisions of section 271 1 c read with explanation 5 of the income tax act ..... further rejected the argument of the assessee that no penalty under section 271 1 c was leviable as addition was made on protective basis ..... the assessee is technical or venial in character no penalty under section 271 1 c is exigible in the light of above discussion i .....

Assistant Commissioner of Vs. Rajiv Jain

Court: Income Tax Appellate Tribunal ITAT Jaipur

Reported in: (2001)78ITD183(JP.)

..... primarily relied on the fact while deleting the penalties imposed under section 271 1 c in the above mentioned appeals that the authorised ..... penalty on the appellant accordingly penalty imposed rs 24 297 under section 271 1 c is cancelled and deleted 4 the learned d ..... is that these cases are with reference to penalty imposable under section 271 1 a where the consideration is all together different as .....

Haryana Delhi Tpt. Commission Vs. Assistant Commissioner of

Court: Income Tax Appellate Tribunal ITAT Agra

..... 2 1 the assessing officer also initiated proceedings for penalty under section 271 1 c after serving a show cause notice the assessee ..... piece of evidence for holding the assessee liable to penalty under section 271 1 c the assessing officer levied a penalty of rs ..... quantum proceedings accordingly orders of the cit a confirming penalty under section 271 1 c of the act for both the assessment years .....

Shantilal M. Lalwani Vs. Assistant Commissioner of

Court: Income Tax Appellate Tribunal ITAT Pune

Reported in: (2002)82ITD59(Pune.)

..... amending act has inserted a new explanation 5 to sub section 1 of section 271 of the income tax act 36 2 the new ..... was concerned the assessing officer held otherwise and levied penalty under section 271 1 c for both these assessment years for assessment year ..... upon a correct reading and interpretation of explanation 5 appended to section 271 1 c provision for penalty for concealment of particulars of .....

Anita Builders Vs. Assistant Commissioner of Income

Court: Income Tax Appellate Tribunal ITAT Jodhpur

..... below a the penalty proceedings are independent of assessment proceedings before levy of penalty under section 271 1 c the ao has to establish that there was concealment or furnishing of inaccurate ..... the assessee b it is necessary to establish conscious concealment for levy of penalty under section 271 1 c c penalty cannot be levied simply because addition is sustained in quantum proceedings .....

Deputy Commissioner of Vs. Smt. Pannaben P. Desai

Court: Income Tax Appellate Tribunal ITAT Ahmedabad

..... dated 27 3 1987 the assessing officer initiated penalty proceedings under section 271 1 c both in the hands of the assessee as well ..... and it was a fit case attracting application of provisions of section 271 1 c read with explanation 5 of the income tax act ..... further rejected the argument of the assessee that no penalty under section 271 1 c was leviable as addition was made on protective basis .....

Kalyani Enterprises Vs. Assistant Commissioner of

Court: Income Tax Appellate Tribunal ITAT Madras

Reported in: (2002)83ITD764(Mad.)

..... nor had furnished any inaccurate particulars to attract penalty under section 271 1 c according to the assessee they were under the ..... construed strictly even after the addition of the explanation to section 271 1 c of the income tax act 1961 conscious concealment ..... is necessary and the presumption under explanation to section 271 1 c can be displaced by the assessee proving that .....