Taxcharcha
Income TaxLatestRecent Case Laws

For the imposition of penalty u/s 271(1)(c) of the Act either concealment of particulars of income or furnishing inaccurate particulars of such income are since qua non – ITAT Delhi

M/S ADMACH AUTO LIMITED, ITA NO. 9543/DEL/2019

M/s Aryahi Buildwell Pvt Ltd. vs ACIT

ITA No. 139/Del/2017

Pronounced on 16.12.2020

In the recent case, it was observed by the Hon’ble ITAT that ” no clear satisfaction has been recorded by the AO as to whether it was a case of furnishing inaccurate particulars of income or it was the case of concealment of income. It is a settled law that while levying penalty for concealment, the AO has to record satisfaction and thereafter come to a finding in respect of one of the limbs, which is specified under section 271(1)(c) of the Act.”

It is a settled law that penalty cannot be imposed for alleged breach of one limb of Section 271(1)(c) while penalty proceedings are initiated for breach of other limb of the section.

Facts of the Case: 

  1. The Assessing Officer make a disallowance of Rs. 1,74,966/- u/s 14A read with rule 8D.
  2. On the aforesaid disallowance u/s 14A, AO vide order dated 31.08.2015 levied the penalty of Rs.56,768/- u/s 271(1)(c) of the Act.
  3. It was find that the assessee has raised several grounds but the sole controversy is with respect to levy of penalty u/s 271(1)(c) of the Act.
  4. In the present case, the perusal of the assessment order reveals that no clear satisfaction has been recorded by the AO as to whether it was a case of furnishing inaccurate particulars of income or it was the case of concealment of income.

To Read Complete Judgment , M/s. Aryahi Buildwell Pvt. Ltd. ITA no. 139/Del/2017

Related posts

Where the Ld. CIT(A) passed the order exparte due to non appearance by the assessee, the assessee is given one final opportunity of being heard and in case of adjournment, the CIT(A) can pass any order which e may deem fit under law. – ITAT Delhi

Team Taxcharcha

GST rate change on Bricks

Team Taxcharcha

Notification no. 50 and 51 – Central Tax – CBIC notifies date from which TCS and TDS provisions under GST are applicable

Team Taxcharcha