New Sorathia Engineering Co. v. CIT

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The Tax Publishers2006 TaxPub(DT) 1265 (Guj-HC) : (2006) 012 (II) ITCL 0322 : (2006) 282 ITR 0642 : (2006) 202 CTR 0188 : (2006) 155 TAXMAN 0513 New Sorathia Engineering Co. v. CIT INCOME TAX ACT, 1961 Penalty under section 271(1)(c) - Concealment -Disclosure of facts *Held: As penalty order and order of CIT (A) showed that no clear-cut finding had been reached as to whether penalty under section 271(1)(c) was being levied for concealment of particulars of income by assessee or whether any inaccurate particulars of income had been furnished, therefore, penalty order was not sustainable. Income-tax Act, 1961,* Section 271(1)(c) A.Y. :1981-82 Decision: In favour of assessee Case Law Analysis:CIT v. Manu Engg. Works [1980] 122 ITR 306 (Guj.) [Para 6], A.M. Shah & Co. v. CIT [1999] 238 ITR 415/[2000] 108 Taxman 137 (Cal.) [Para 7]. New Sorathia Engineering Co. v. CIT SUBSCRIBE FOR FULL CONTENT

The Tax Publishers2006 TaxPub(DT) 1265 (Guj-HC) : (2006) 012 (II) ITCL 0322 : (2006) 282 ITR 0642 : (2006) 202 CTR 0188 : (2006) 155 TAXMAN 0513

New Sorathia Engineering Co. v. CIT

INCOME TAX ACT, 1961

Penalty under section 271(1)(c) - Concealment -Disclosure of facts

Held: As penalty order and order of CIT (A) showed that no clear-cut finding had been reached as to whether penalty under section 271(1)(c) was being levied for concealment of particulars of income by assessee or whether any inaccurate particulars of income had been furnished, therefore, penalty order was not sustainable.

Income-tax Act, 1961, Section 271(1)(c)

A.Y. :1981-82
Decision: In favour of assessee

Case Law Analysis:CIT v. Manu Engg. Works [1980] 122 ITR 306 (Guj.) [Para 6], A.M. Shah & Co. v. CIT [1999] 238 ITR 415/[2000] 108 Taxman 137 (Cal.) [Para 7].

New Sorathia Engineering Co. v. CIT