Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights July 2024 Year 2024 This

Penalty proceedings u/s 271(1)(c) - Assessee company failed to ...


Penalties Imposed for Inflated Expenses; Delayed Deposits and Misreporting Penalties Vacated Due to Favorable Judgments.

July 11, 2024

Case Laws     Income Tax     AT

Penalty proceedings u/s 271(1)(c) - Assessee company failed to provide bonafide explanation for inflated expenses claimed in revised return, contrary to audited financials. Disallowance falls under Explanation 1 r.w. Explanation 4 of Section 271(1)(c). Assessee cannot correct claim through letter, must file revised return as per Goetze (India) Ltd. Mere disclosure in forms/reports doesn't preclude penalty for wrongful claim. Penalty rightly imposed for inflated expenses in revised return. Penalty u/s 271(1)(c) not attracted for delayed deposit of employees' contribution, allowable based on prevailing judgments favoring assessee. Penalty u/s 270A - Misreporting not established for delayed contribution, assessee's claim supported by Alom Extrusions. Penalty u/s 270A vacated. No penalty for increase in book profit disclosed in revised return and determined by AO u/s 144.

View Source

 


 

You may also like:

  1. Penalty proceedings u/s 270A - Applicable rate of penalty - The Appellate Tribunal noted that while the penalty notice cited under-reporting of income, the AO imposed...

  2. Penalty imposed u/s 270A(9) for underreporting and misreporting of income was challenged due to non-specification of clear charge. The Tribunal held that underreporting...

  3. Levy of Penalty u/s 112 - Scope of the show cause notice - The CESTAT noted that, no show cause notice has been issued proposing the demand of differential duty or the...

  4. Penalty u/s 270A levied for assessee's willful misreporting of income by claiming both capital expenses and depreciation as application of income. ITAT held mens rea not...

  5. AO imposed penalty under s.270A for unsubstantiated business expenses including advertising, development, land, and excavation charges, which were disallowed from...

  6. Levy of penalties u/ss 122 and 129 of CGST/SGST Acts - expiry of e-way bill - mens rea in penalty imposition. Technically, violation of law by petitioner in transporting...

  7. Imposition of penalty under Section 78 - Merely because penalty under Section 78 has been imposed for the earlier period, no penalty can be imposed for any subsequent...

  8. Disallowance u/s 36(1)(va) - delayed payment of ESI/EPF - if the employees‟ contribution is not deposited by the due date prescribed under the relevant Acts and is...

  9. The Appellate Tribunal considered the levy of penalty u/s 270A. The Assessing Officer (AO) imposed the penalty u/s 270A(9)(a) for misrepresentation of facts and...

  10. Section 12(1)(b) of the Prevention of Money Laundering Act, 2002 requires reporting entities to furnish information about transactions referred to in Section 12(1)(a) to...

  11. The Appellate Tribunal held that for penalty u/s 270A, there must be satisfaction by the AO about concealment of income or inaccurate particulars. Citing Golden Peace...

  12. Levy of penalty - Generalia specialibus non derogant - levy of special penalty over general penalty - the Commissioner perfectly justified in imposing penalty under...

  13. Benefit of reduced penalty of 15% u/s 28(5) - Delay in payment of penalty due to Public Holiday - The appellant voluntarily paid the differential BCD and interest upon...

  14. Seeking permission to re-export of mobile phones - case of petitioner is that despite the payment of the redemption fine and the penalty amount, the goods have not been...

  15. The interest expenses claimed by the assessee on account of delayed deposit of service tax as well as TDS liability are allowable expenses u/s 37(1)

 

Quick Updates:Latest Updates