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2019 TaxPub(DT) 3867 (Coch-Trib) AGL Moulds & Tools v. ITO Assessee, Coch-Trib, 2007-08, ITA No. 101/Coch/2019, 15-May-2019

Section 271(1)(c) Penalty under section 271(1)(c) Leviability Withdrawal of unsustainable claim made in return of income -- In the original return of income filed, assessee declared LTCG from sale of shares and had claimed the same as exempt under section 10(38). Later on, when the assessment was reopened under section 147, assessee withdrew the claim of exemption and paid taxes accordingly. Therefore, assessee contended that there was no furnishing of inaccurate particulars of income or concealment of income. However, AO and CIT (A) levied penalty under section 271(1)(c) alleging that assessee had not voluntarily of......
2019 TaxPub(DT) 3869 (Hyd-Trib) Amita Tulsyan v. ITO Assessee, Hyd-Trib, 2014-15, ITA No. 1513-1518/Hyd/2018, 10-May-2019

2019 TaxPub(DT) 3877 (Coch-Trib) ITO v. Ayyappa Roller Flour Mills Ltd. Revenue, Coch-Trib, 2011-12, ITA No. 458/Coch/2018, 09-May-2019

Section 271(1)(c) Penalty under section 271(1)(c) Tax liability which arose on account of retrospective amendment in law whether falls under the mischief of section 271(1)(c) Validity -- Assessee-AOP (Trust) was engaged in the activity of promoting the game of cricket. AO alleged that assessee had furnished inaccurate particulars of income and wrongly claimed exemption under sections 11 and 12, which was not available to cricket association on the nature of income generated by it. Assessee contended that there was difference of opinion regarding applicability of proviso to section 2(15) read with section 13(8) in respect of such cricket bodies, therefore, action of assessee was ......
2019 TaxPub(DT) 3879 (Ahd-Trib) DCIT v. Baroda Cricket Association BCA House Revenue Dismissed, Ahd-Trib, 2009-10, 2010-11, 2011-12, ITA No. 999-1001/Ahd/2017, 21-May-2019

Section 11 Charitable trust Exemption under section 11 Grant of registration under section 12AA rejected -- Assessee had applied to CIT(E) for the registration of assessee’s society under section 12AA. It had also produced books of account for verification and also submitted financials to support the claim that it was carrying out only charitable activity. CIT(E) had rejected the application of assessee for granting registration under section 12AA as per the findings and observations appearing in his order on record mostly because as per the view of CIT(E) that assessee was in receipts from the BCCI e......
2019 TaxPub(DT) 3886 (Rai-Trib) : (2019) 200 TTJ 0242 Chhattisgarh State Cricket Sangh v. Dy. CIT Assessee, Rai-Trib, ITA No. 265/RPR/2017, 15-May-2019

2019 TaxPub(DT) 3889 (Del-Trib) ITO v. Continental India Ltd. Against Revenue, Del-Trib, 2014-15 & 2015-16, ITA No. 5632/Del/2016 & ITA No. 5633/Del/2016, 17-May-2019

2019 TaxPub(DT) 3924 (Del-Trib) National Association of Software & Services Companies v. CIT Assessee, Del-Trib, 2010-11, ITA No. 3187/Del/2015, 17-May-2019

2019 TaxPub(DT) 3928 (Kol-Trib) New Barh Jewellers v. ITO Appeal Allowed, Kol-Trib, 2007-08, 2008-09, 2009-10, ITA No. 1302 & 1303/Kol/2017, 23-Apr-2019

2019 TaxPub(DT) 3237 (Del-Trib) Atria Partner v. ACIT Assessee, Del-Trib, 2011-12, ITA No. 7196/Del/2017, 10-May-2019

Section 271(1)(c) Penalty under section 271(1)(c) Notice issued by AO without specifying grounds of penalty Validity -- AO had imposed penalty under section 271(1)(c) on assessee, who assailed the same contending that notice issued under section 274 did not specify the grounds on which penalty was imposed, i.e., whether for concealment of income or for furnishing inaccurate particulars. CIT(A) rejected contention of assessee holding that penalty could not be deleted merely because of a technical error in the show cause notice. Held: From perusal of notice, it was very much obvious that AO did not specify t......
2019 TaxPub(DT) 3977 (Mum-Trib) S. Narendrakumar & Co. v. ACIT Assessee, Mum-Trib, 2009-10, ITA No. 7334/Mum/2016, 22-Mar-2019