Dear Friends This is great treasure. Keep in your store and share as well r. r makwana




НазваниеDear Friends This is great treasure. Keep in your store and share as well r. r makwana
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TAX DEDUCTION AT SOURCE


Subsidiary and integral transactions have to take colour from Principal transactions.

Hindalco Industries Ltd. Vs ACIT (ITAT, Mum) 94 ITD 242


Deduct tax from entire sum paid or credited and not merely income component – of the sum

Assiciated Cement Co. Ltd. Vs CIT (SC) 201 ITR 435

Anglo Indian Jute Mills Co. Ltd. Vs Dutt (Cal) 30 ITR 525

Ray and Co. (India) Pvt. Ltd. Vs Mukherjee, ITO (Cal) 36 ITR 365


Payment to non-resident – If no application made by payer to Assessing Officer, Tax Deduction at Source must be on gross sum, irrespective of the income part therein.

Transmission Corporation of A.P Ltd & Anr. Vs CIT (SC) 239 ITR 587

DCIT Vs Mayurika S. Poddar (ITAT, Mum) 59 TTJ 372

Czechoslovak Ocean Shipping International Joint Stock Co. & Anr. Vs ITO (Cal) 81 ITR 162

Cheminor Drugs Ltd. Vs ITO (ITAT, Hyd) 76 ITD 37

Poompuhar Shipping Corporation Ltd. Vs ITO (ITAT,Chennai) 109 ITD 226

West Asia Maritime Ltd. Vs ITO (ITAT, Chennai) 111 ITD 155


Payment in kind to non-resident – TDS provisions applicable

Kanchanganga Sea Food Ltd. Vs CIT (AP) 265 ITR 644


Tax Deduction at Source on salaries – Employer is responsible – No arrangement or agreement privately arrived at between employer & employee can affect / modify the statutory liability.

John Patterson & Co.(India) Ltd. Vs ITO & Ors. (Cal) 36 ITR 449


Assessee agreed to pay tax-free salary to employees and assessee was liable to pay tax on such tax-free salary – Amount of tax payable has also to be treated as part of salary and TDS to be made out of that. If assessee failed to deduct tax on that part, interest leviable u/s 201(1A).

British Airways Vs CIT (Cal) 193 ITR 439

Asian Dev. Service Vs CIT (Ker) 239 ITR 713


Tax Deduction at Source applicable on Transport contractors also.

CBDT Vs Cochin Goods Transport Association (Ker) 236 ITR 9093

Birla Cement Works Vs CBDT & Ors. (Raj) 139 CTR 540


Landing fee and parking fee for aircrafts amounts to rent for 194 I purposes

United Airlines Vs CIT (Del) 287 ITR 281


Assessee sold its products through distributors by paying commission – liable to make TDS.

Hindustan Coca Cola Beverages (P) Ltd. Vs ITO (ITAT, Jp) 97 ITD 105


Assessee engaged in business of providing cellular mobile phone services – Sold SIM and pre-paid cards to its franchisees at a fixed rate below market price for onward sale to the ultimate customers – the margin was commission payments _ tax deductible

ACIT Vs Bharti Cellular Ltd. (ITAT, Kol) 105 ITD 129


License holders purchasing country liquor from Government distilleries and selling it to retail shops – Tax Collection at Source compulsory

Rudra & Co. & Ors. Vs Union of India (HP) 233 ITR 66

S.K.G. Sugar Ltd Vs CIT & Anr. (Pat) 236 ITR 338


Assessee having whole sale business in liquor – Has to collect tax including excise duty, cost of label etc. plus surcharge on sales to retailers.

S.K.G. Sugar Ltd. Vs CIT & Anr.(Patna) 236 ITR 338


Amount described in lease agreement as security deposit – Agreement providing for reduction of security deposit every month by amount of rent payable – Security deposit was in effect advance rent – Tax to be deducted at source on entire security deposit

CIT Vs Reebok India Company (Del) 291 ITR 455


Loans taken in individual capacities by the Directors – Cheques taken by them in the name of company and transferred to their accounts – Repayment of loan and interest also routed through the company – Company bound to deduct tax at source when it is paying interest to the creditor.

CIT Vs Century Building Industries P. Ltd. (SC) 293 ITR 194


Liability to deduct tax, when interest is credited to books.

Southern Brick Works Ltd. Vs CIT (Mad) 146 ITR 479

ITO Vs D. Manoharlal Kothari (Mad) 236 ITR 357


Interest paid on credit purchases overdue for payment – TDS provisions applicable on such interest.

A&M Agencies Vs CIT (Mad) 101 Taxman 655


Tax Deduction at Source to be made on gross interest and not on net interest payable after mutual set off between parties.

CIT Vs S.K. Sundararamier & Sons (Mad) 240 ITR 740


Assessee engaged in providing financial service including fund management – obligation on part of assessee to deduct tax on interest payment in view of 2(28A)

Viswapriya Financial Services & Secuties Ltd. Vs ITO (ITAT, Mad) 60 ITD 401


Original order u/s 201 r.w.s. 194 B set-aside by CIT(A) in 1989 to be redone – Fresh order passed in 1995 - valid.

Instalment prize scheme – Lucky draw every month – winner need not pay balance instalments→Lottery scheme – 194B applicable.

Lakshmi Ganeswara Enterprises & Financiers Vs ITO (ITAT, Hyd) 72 ITD 295


Compensation on acquisition of land – Duty of Land Acquisition Officer to deduct tax at source if amount paid after 01-10-2004 exceeds the prescribed limit – If tax not to be deducted, assessee to produce necessary certificate from Assessing Officer.

Nalini Vs Deputy Collector, Land Acquisition (Ker) 294 ITR 423


Compensation awarded by Motor Accidents Claims Tribunal – Tax to be deducted at source

United India Insurance Co. Ltd. Vs Mitaben Dharmeshbhai Shah & Ors. (Guj) 269 ITR 63

New India Assurance Co. Ltd. Vs Mani & Ors. (Mad) 270 ITR 394


Purchase of ship for breaking up – Usance interest paid to Non-resident – Tax to be deducted at source.

CIT Vs Vijay Ship Breaking Corporation (Guj) 261 ITR 113


Appointing Lead Manager to GDR issue – commission received is for technical services – liable for tax deduction at source

Raymond Ltd. Vs DCIT (ITAT, Mum) 86 ITD 791


US Company to deliver technical designs / plan for use in India and to ensure that the plan is strictly executed in India – Technical Services – Tax Deductible at Source.

Gentex Merchants (P) Ltd Vs DDIT (ITAT, Kol) 94 ITD 211


Payment to expatriate technicians by foreign employers having Permanent Establishment in India, on account of remuneration for services rendered in India – liable to tax – TDS apply.

Pride Foramer S.A. Vs ACIT (ITAT, Del) 97 ITD 86


Failure to deduct tax – Levy of interest is mandatory – Payment of tax subsequently by recipient is not relevant.

CIT Vs Rathi Gum Industries (Raj) 213 ITR 98,

CIT Vs Dhanalashmy Weaving Works ( Ker ) 245 ITR 13

Bennet Coleman & Co. Ltd. Vs V.P. Damle, ITO & Ors. (Bom) 157 ITR 812

Pentagon Engg. Pvt. Ltd. Vs CIT (Bom) 212 ITR 92

CIT Vs Prem Nath Motors (P) Ltd. (Del) 253 ITR 705

CIT Vs Ramesh Enterprises (Mad) 250 ITR 464 – recipient filed loss return – not

a reasonable consideration.

Jubilee Investments & Industries Ltd. Vs ACIT (Cal) 238 ITR 648

ITO Vs Kodaikanal Finance Ltd.(ITAT, Mad) 55 ITD 480

Thai Airways International Ltd. Vs ACIT ( ITAT, Del ) 98 ITD 123 - 201(1A) interest

even when no recovery u/s 201

Hindustan Coca Cola Beverage P. Ltd. Vs CIT (SC) 293 ITR 226

ACIT Vs Adani Exports Ltd. (ITAT,Ahd-TM) 109 ITD 101


Failure to make TDS u/s 194A – 201 (1A) interest valid – Since the finding of Assessing Officer that assessee has committed default has become final, it is not permissible to reopen the issue of liability either of payer or payee.

Quilon Sea foods Vs Tax Recovery Officer (Ker) 155 CTR 533


271C penalty initiated on 6.1.97 – Order passed on 31.7.97 – Not time barred

Mitsui & Co. Ltd. Vs DCIT (ITAT, Del) 65 TTJ 1


272A(2) penalty for non-filing of Form No.26A leviable eventhough TDS was made and paid to Government.

Shah Traders Vs DCIT (ITAT, Pat) 56 ITD 33


Failure due to oversight or preoccupation – Not a reasonable cause.

SBI capital markets Ltd. Vs DCIT (ITAT, Bom) 57 ITD 72


Failure to deposit TDS- Liable to penalty u/s 221 irrespective of whether interest was paid or not.

Jubilee Investments & Industries Ltd. Vs ACIT (Cal) 238 ITR 648


197A default – 272A(2)(f) penalty for default in submitting copy of each declaration separately.

Escorts Employees Ancillary Ltd. Vs CIT (ITAT, Del-TM) 74 ITD 1

Payment to sub-contractor – No exemption certificate produced – Liable to deduct tax – Liable to file TDS return u/s 206 even when no Tax was deducted at source – Penalty leviable – Any partner is principal officer of a firm.

ACME Construction Co. Vs DCIT (ITAT, Pat) 68 ITD 1


Failure to make TDS from remuneration paid to Directors and interest credited in ‘interest payable’ a/c. – Prosecution of Director –principal officer – Expln. to 194A(1) is clarificatory & retrospective in operation.

ITO Vs D. Manoharlal Kothari (Mad) 236 ITR 357


ACIT (TDS) has jurisdiction over TDS matters.

Jubilee Investments & Industries Ltd. Vs ACIT (Cal) 238 ITR 648

Mittal Steel Ltd. Vs ACIT & Anr. (Kar) 240 ITR 707


‘SE’ was authorized person at Chandrapur to make TDS and remit the same (eventhough H.O. of company is at Mumbai & assessed there) – ITO Chandrapur has jurisdiction to levy 201(1A) interest.

ITO Vs Supdtg. Engr, O&M Division, MSEB(ITAT, Nag) 63 ITD 49


A trust cannot be treated as an individual and as such is not exonerated from requirement of sec.194A.

ITO Vs Subhash Metal Industries (ITAT, Bom) 44 ITD 677


Even if assessee wins in appeal no need to refund TDS for which certificate already issued to payee.

Samcor Glass Ltd. Vs ACIT (ITAT, Del) 94 ITD 202


Credit for foreign tax can be allowed to the extent of foreign tax liability in India to NIL and no refund out of that.

JCIT Vs Digital Equipments India Ltd. (ITAT, Mum) 94 ITD 340


Credit for Tax Deducted at Source can be given only to the extent of proportionate income offered for assessment

Pardeep Kumar Dhir Vs ACIT (ITAT, Chd-TM) 107 ITD 118


Failure to deduct tax – No mens rea required for penalty – Payment of tax by recipient does not absolve the deductor

Kanha Vanaspati Ltd Vs ACIT 2007-TIOL-400-ITAT-DEL


Assessee enters into agreement with non-resident company for supply of design, drawings and consultancy for development of automobile engines – As per the agreement, assessee to re-imburse expenses of personnel of non-resident company coming to India for imparting technical expertise to assessee’s staff – Eventhough non-resident does not have any PE in India, since the agreement was entered into for rendering technical services and services of the experts were requisitioned in that connection, payment of re-imbursement also liable for TDS

Ashok Leyland Ltd. Vs DCIT 2008-TIOL-205-ITAT-MAD


SBI was managing and clearing cheques through MICR centre by rendering managerial service which falls within the definition of technical services – payment made to SBI is liable for TDS

Canara Bank Vs ITO 2008-TIOL-205-ITAT-AHD


INTERESTS UNDER I.T. ACT


Charge of interest not appealable unless assessee not liable to levy at all.

Central Provinces Mabgabese Ore Co. Ltd Vs CIT (SC) 160 ITR 961


Accrual of 220(2) interest is automatic – No opportunity to be given before levy.

J. Jayalalitha Vs CIT & Ors. (Mad) 244 ITR 74


Addition deleted by CIT(A) – Later on addition upheld by ITAT – Demand notice got revived – 220(2) interest from original order.

Super Spinning Mills Ltd. Vs CIT & Anr. (Mad) 244 ITR 814


One addition in original assessment order set-aside by Tribunal – 220(2) interest to be charged from date of original order itself.

B. Indira Rani Vs CIT & Ors. (Ker) 237 ITR 20

K. Venugopalan Nambiar Vs CIT ( Ker ) 231 ITR 607


Interest levied u/s.220(2) – Not appealable

ANZ Grindlays Bank PLC Vs CIT (Cal) 241 ITR 269


234 B & 234 C are compensatory in nature – Provisions are valid.

Dr. S. Reddappa & Ors. Vs Union of India & Ors. (Kar) 232 ITR 62

Nemi Chand Jain & Ors. Vs Union of India & Ors. (MP) 234 ITR 764

CIT Vs R. Ramalingan (Ker) 241 ITR 753


Interest u/s.234A, 234B and 234C – mandatory – No right to be heard before imposition of interest.

Union Home Products Ltd & Ors. Vs Union of India & Ors.(Kar) 215 ITR 758

CIT Vs Anjum M.H. Ghaswala & ors. (SC) 252 ITR 1


234B interest can be levied upto date of 143(1) and thereafter be increased if 143(3) order is passed subsequently.

Travancore Titanium Products Ltd. Vs DCIT (ITAT, Coch) 57 ITD 16

Grasim Industries Limited Vs DCIT (ITAT, Mum) 64 TTJ 357

ACIT Vs Telsa Transformers (P) Ltd. (ITAT, Indore) 72 ITD 459

Hindustan Sanitary Engineers Vs ITO (ITAT, Asr) 95 ITD 226 – upto the date of

regular assessment.


Failure to charge 234A interest – Mistake apparent from record – 154 possible.

ACIT vs Santosh Kumar Soni (ITAT, All) 57 ITD 220


When profit computed u/s.115J, interest u/s 234B, 234C can be charged.

Sutlej Cotton Mills Ltd. Vs ACIT (ITAT, Cal-SB) 45 ITD 22

Beta Naphthol P. Ld. Vs DCIT (ITAT, Ind) 50 TTJ 375

Assam Bengal Carriers Ltd. Vs CIT (Gau) 239 ITR 862

ACIT Vs B.N. Rathi Securities Ltd. (ITAT, Hyd) 71 ITD 31

CIT Vs Holiday Travels P. Ltd. (Mad) 263 ITR 307


Tax liability increased on account of Retrospective amendment – 234B leviable.

ACIT Vs Prime Securities Ltd. (ITAT, Mum) 95 ITD 249


For levying 234 B interest, no need to pass speaking order

CIT Vs Computer Graphics Ltd. (Mad) 285 ITR 84


Assessing Officer accepting delayed return as one filed in response to notice under section 148 – Liability to 234 interest arises

CIT Vs Kalpaka Transport Co. Ltd. (Ker) 287 ITR 15


So long as a final order u/s.132(5) is not passed, ITO cannot release a portion of seized money nor can he direct that the seized money be adjusted towards the existing liability of advance tax – 234 B & 234C leviable irrespective of seized cash lying with Department.

Ramjilal Jagannath & Ors. Vs ACIT (MP) 241 ITR 758


Sec. 234D is in operation from 1-6-2003 ie. if regular assessment is made on or after 1-6-2003, 234D interest to be charged irrespective of assessment year and irrespective of the date of granting refund

Sigma Aldrich Foreign Holding Co. Vs ACIT (ITAT, Bang) 104 ITD 95

Amount of TDS though deducted not paid to Central Government – No interest u/s 244A in respect of such amounts

ACIT Vs Shri Digvijay Cement Co. Ltd. (ITAT, Rajkot) 104 ITD 185


Refunds arose out of assessment u/s 172(7) r.w.s. 143(3) – No interest u/s 244(1A)

Lloyd Triestino Vs DCIT (ITAT, Mum) 70 ITD 33


On date of regular assessment, self assessment tax loses its identity and assumes character of tax paid as per Demand Notice u/s 156 – 244A interest from date of assessment order till date of actual refund and not from date of payment self assessment tax.

Dhanvi Trading & Investment (P) Ltd. Vs Assessing Officer (ITAT, Ahd) 72 ITD 245

Sutlej Industries Limited Vs ACIT (ITAT, Del) 86 ITD 335


PENALTIES UNDER I.T. ACT


271(1)(C)


Reassessment proceedings – Imposition of penalty for concealment in original proceeding.

CIT Vs Angara Satyam (AP) 37 ITR 230

C.V. Govindarajulu Iyer Vs CIT (Mad) 16 ITR 391

Dayabhai Girdharbai Vs CIT (Bom) 32 ITR 677

Arunachalam Chettiar 6 ITC 58

CIT Vs Gopal Krishna Singhania (All) 89 ITR 27

K.C. Mukherjee & Anr. Vs CIT (Pat) 37 ITR 224

Malbary & Bros Vs CIT (Bom) 44 ITR 674


Cash credits discovered in accounts – Assessee agreeing to inclusion of such credits in assessment – onus shifts to assessee in penalty proceedings to show that amount was not concealed income.

Western Automobiles (India) Vs CIT (Bom) 112 ITR 1048

CIT Vs W.J. Walker and Co. (Cal) 117 ITR 690

CIT Vs Prathi Hardware Stores (Orissa) 203 ITR 641

Lenses centre Vs ITO (ITAT, Hyd) 49 TTJ 21

CIT Vs Jamnadas & Co. (Guj) 210 ITR 218

CIT Vs Ganpatrai Gajanand (Orissa) 108 ITR 403

New Vijay Agency Vs ACIT (ITAT, Mad) 74 ITD 504

Addl. CIT Vs Bhoopathy (Mad) 113 ITR 188

Durga Timber Works Vs CIT (Del) 79 ITR 63


If the assessee failed to give accurate particulars as to his income, he can be found to be acting dishonestly – cash credit assessed – Penalty upheld.

CIT Vs Drapco Electric Corporation (Guj) 122 ITR 341

Mohan Ram Ram Kumar Vs CIT (All) 59 ITR 135


Sec. 68 is deeming provision – Still penalty is leviable

Chuharmal Vs CIT ( SC ) 172 ITR 250

CIT Vs Aboo Mohmed ( Kar ) 160 CTR 128


Unexplained investment – Deemed to be income for the purpose of levying penalty – If no satisfactory explanation regarding investment, penalty leviable.

Loknath Chowdhary Vs CIT (Cal) 155 ITR 291

Rahmat Development & Engineeing Corporation Vs CIT (Cal) 130 ITR 602


Concealment of income – revised return filed – penalty valid.

CIT Vs Haji P. Mohammed (Ker) 132 ITR 623

Mahavir Metal Works Vs CIT (P&H) 92 ITR 513

ACIT Vs Dr. S.N. Gupta (ITAT, Del) 56 ITD 440

Calicut Trading Co. Vs CIT (Ker) 178 ITR 430,

Ramachandra D. Thakur (HUF) Vs ITO (ITAT, Mum) 61 ITD 279

B. Indira Rani Vs ITO (ITAT, Coch) 66 ITD 311

Addl. CIT Vs Bhartia Bhandar (MP) 122 ITR 622

C.E. Baily Vs DCIT (ITAT, Del) 66 ITD 1

Badri Prasad Om Prakash Vs CIT (Raj) 163 ITR 440

S.R. Arulprakasam Vs Prema Malini Vasan, ITO (Mad) 163 ITR 487

F.C. Agarwal Vs CIT (Gauhati) 102 ITR 408

CIT Vs J.K.A. Subramania Chettiar (Mad) 110 ITR 602

CIT Vs K. Mahim (Ker) 149 ITR 737, 232 ITR 115

Sivagaminatha Moopanar & Sons Vs CIT (Mad) 52 ITR 591

Ravi & Co. Vs ACIT (Mad) 271 ITR 286

Burden of proof – Assessee filing revised returns showing much larger income – Not able to establish inadvertent mistake or omissions in original returns – Penalty justified

G.C. Agarwal Vs CIT (SC) 186 ITR 571


Addition based on estimate – concealment penalty can be levied

Addl. CIT Vs Chandrakantha and another (MP) 205 ITR 607

Addl. CIT Vs Lakshmi Industries and cold storage Co. Ltd. (All) 146 ITR 492

Sushil Kumar Sharad Kumar Vs CIT (All) 232 ITR 588

CIT Vs Md. Warasat Hussain (Patna) 171 ITR 405

A.M. Shah & Co. Vs CIT (Guj) 238 ITR 415

CIT Vs Krishnaswamy and Sons (Mad) 219 ITR 157

CIT Vs Swarup Cold Storate & General Mills (All) 136 ITR 435

CIT Vs Chandra Vilas Hotel (Guj) 291 ITR 202


Survey of business premises – impounding of books of a/c - assessee agreeing to assessment – imposition of penalty valid –

CIT Vs C. Ananthan Chettiar (Mad) 273 ITR 401

CIT Vs K. A. Sampath Reddy (Kar) 197 ITR 232

Biland Ram Hargan Das Vs CIT (All) 171 ITR 390

Banaras Chemical Factory Vs CIT (All) 108 ITR 96

CIT Vs Popular Lunghi Co. (Mad) 238 ITR 229

LMP Precision Engg. Co. Ltd,. Vs DCIT (ITAT, Ahd) 64 ITD 42

P.C. Joseph & Bros. Vs CIT ( Ker ) 240 ITR 818

M.S. Mohammed Marzook Vs ITO ( Mad ) 283 ITR 254

CIT Vs Dr. A. Mohammed Abdul Khader ( Mad ) 260 ITR 650

CIT Vs Mahabit Prasad Bajaj (Jhar) 298 ITR 109

M.N. Rajaraman Vs DCIT 2008-TIOL-293-ITAT-MAD


Revised return filed after books were impounded – penalty upheld

CIT Vs A. Sreenivasa Pai (Ker) 242 ITR 29


Amount requisitioned u/s 132A – No immunity under amnesty – Amount included in return, but no proof of source of acquisition of that asset – 271(1)(c) leviable

CIT v. Aboo Mohmed (Kar) 250 ITR 313


Cash seized by Police authorities – surrender of amount for assessment – penalty leviable

CIT Vs Mohd Mohtram Farooqui (Raj) 259 ITR 132


Search and seizure – Discovery of concealed income during search – Return not filed on time and tax not paid on time in respect of such income – 271(1)© penalty upheld

Surender Paul Vs CIT (P&H) 287 ITR 223

Ashok Kumar Gupta Vs CIT (P&H) 287 ITR 376

CIT Vs R. Kesavan Nair (Ker) 287 ITR 276


“Voluntarily” means out of free will without any compulsion - criteria for deciding – If Department has incriminating material with regard to disclosed income, disclosure is not voluntary and vice versa –

K.L. Swamy Vs CIT (Kar) 239 ITR 386 – search in third party’s premises

Bhairav Lal Verma Vs Union of India (All) 230 ITR 855

M. Sajjanraj Nahar & Ors. Vs CIT ( Mad ) 283 ITR 230


Admission of assessee during assessment regarding concealment – No independent enquiry to prove concealment necessary in penalty proceedings.

H.V. Venugopal Chettiar Vs CIT (Mad) 153 ITR 376

Simply because assessee agreed to addition of concealed income after detection thereof and filed return in response to notice u/s 148 offering additional income, assessee cannot escape from 271(1)( c ) penalty.

P.C. Joseph & Bros Vs CIT (Ker) 240 ITR 818


Penalty leviable on agreed additions

Polo Singh & Co. Vs CIT ( Del ) 98 ITR 564

CIT Vs Krishna & Co. ( Mad ) 120 ITR 144

CIT Vs Dr. R.C. Gupta & Co. ( Raj ) 122 ITR 567

Mirzapur Construction Company Vs CIT ( All ) 122 ITR 828

Union Engineering Co. Vs CIT ( Ker ) 122 ITR 719

ITO Vs Leela Mammen ( ITAT, Cochin ) 63 TTJ 252

Jaswant Rai & Another Vs CBDT & Ors. ( Del ) 133 ITR 19

CIT Vs Gates Foam & Rubber Co. ( Ker ) 91 ITR 464

CIT Vs P.B. Shah & Co. (Pvt. ) Ltd. ( Cal ) 113 ITR 587

Rathnam & Co. Vs IAC ( Mad ) 124 ITR 376

ACIT Vs S.M. Kannappa Automobiles (P) Ltd. ( ITAT, Bang ) 72 ITD 474


Letter of assessee saying “penalty may not be levied” – Not an understanding that penalty will not be levied – Penalty can be levied.

Anand Liquors Vs CIT (Ker) 232 ITR 35

CIT Vs D.K,.B and Co. (Ker) 243 ITR 618

Rathnam & Co. Vs IAC (Mad) 124 ITR 376


Income claimed in Part III of Return and claimed to be exempt as prize money – claim held as false – 271(1)( c) levy valid.

CIT Vs Abdulgafur Ahmed Wagmar (Guj) 199 ITR 827

Dr. K.D. Arora Vs CIT (Patna) 162 ITR 481

Lal Chand Gopal Das Vs CIT (All) 48 ITR 324

V.P. Samtani Vs CIT (Cal) 140 ITR 693


Mere disclosure of receipts as cash credits in Part III of return – still concealment is there.

CIT Vs Vidyagauri Natverlal & Ors. (Guj) 238 ITR 91


Deliberate under valuation of stock – Penalty upheld

Sree Nithyakalyani Textiles Ltd. Vs DCIT ( Mad ) 282 ITR 154


Failure to disclose interest received u/s 244A – Penalty upheld

Thirupathy Kumar Khemka Vs CIT (Mad) 291 ITR 122


Failure to declare in accounts receipt of amount from Haryana State Agricultural Marketing Board - Not a bonafide mistake - Showing lower receipt of income itself proves concealment - penalty upheld.

Sandeep Kumar Garg and co. Vs ITO (P&H) 298 ITR 106


Wrong claim of deduction towards payment of housing loan interest – penalty upheld

ITO Vs Mool Chand Gupta (ITAT, Del) 110 ITD 89


Bogus claim of depreciation on non-existing assets – Withdrawal of claim in revised return filed after search – penalty upheld

CRN Investments P. Ltd. Vs CIT (Mad) 300 ITR 342


Declaring value of jewellery in Wealth Tax return at a very low figure – concealment penalty leviable

ACWT Vs Lata Rani Mehta (ITAT, Del) 69 ITD 173

Discrepancies in closing stock and accounting , low Gross Profit – when confronted, assessee agreed for addition of Rs. 30,000 on the condition that no penalty be levied – 271(1)(c ) penalty levied – upheld

India Ceramic Corporation (ITAT, Del) 93 Taxman (Mag) 83


Failure to disclose capital gains in original as well as revised returns – concealment penalty leviable eventhough it was disclosed in the second revised return.

CIT Vs Sova Bajoria (Cal) 232 ITR 202


Assessee failed to produce purchase & sale register and stock register – Failed to furnish particulars of brokers through whom alleged bogus purchases made – Concealment penalty valid.

Beena Metals Vs CIT (Ker) 240 ITR 222


Wrong claim of depreciation will amount to furnishing of inaccurate particulars.

ITO Vs Geep Industrial Syndicate Ltd. (ITAT, All) 23 ITD 448


Depreciation and Investment Allowance claimed in respect of machinery – Machinery not reaching assessee’s premises before close of accounting year – Assessee later withdrawing claim – Penalty upheld

CIT Vs Sree Valliappa Textiles (Kar) 294 ITR 322


False inflation of expenses/any deductible item for computing income – falsity of entries - Penalty levied.

CIT Vs Gates Foam and Rubber Co. (Ker) 91 ITR 464

Anand Liquors Vs CIT (Ker) 232 ITR 35

ACIT Vs Mcleod Russel (I) Ltd. (ITAT, Kol) 101 ITD 39


Agricultural income boosted up – Colourable device – Penalty leviable.

CIT Vs Ramanujam Thampi & Ors. (Ker) 233 ITR 521


Addition on account of low withdrawal for household expenses –Concealment penalty upheld.

Sushil Kumar Sharad Kumar (All) 232 ITR 588


Difference in cost of construction of building treated as unexplained investment - 271(1)(c ) penalty leviable.

Loknath Chowdhury Vs CIT (Cal) 155 ITR 291

Rahmat Development & Engineering Corporation Vs CIT (Cal) 130 ITR 602


Failure to disclose share of spouse and minor children in firm - amounts to concealment.

CIT Vs P.K. Kochammu Amma Peroke (SC) 125 ITR 624

ITO Vs C.V. Hakkapakki (ITAT, Bang) 64 ITD 467


If an assessee consciously conceals income arising u/s 41, Penalty leviable.

Hindustan Tools Mfg. Co. Vs CIT (P&H) 102 ITR 174

CIT Vs Aya Singh Ishar Singh (P&H) 92 ITR 182


Assessee admitting income from lorries in earlier year – No income shown in subsequent year – claims that lorries were sold – Permits continue in assessee’s name – Assessee cannot show that lorries were sold – Penalty valid.

CIT Vs Mir Mohamed Ali (Mad) 128 ITR 215


Notice u/s 17 issued and service attempted – service avoided by assessee – Return filed thereafter – Not “voluntary and in good faith”.

Ram Lal Sunaja Vs CWT & Anr. (All) 224 ITR 109


Penalty leviable on additions which was neither disclosed in 273A petition or Return of Income nor any explanation given.

M.Ethirajan Vs ACIT (ITAT, Mad) 65 ITD 87


80J claim made in 72-73 and allowed – In that process, made that year as initial year as per 80J(1) – Again claim made wrongly in AY 80-81 – Filed inaccurate particulars – penalty leviable.

ACIT Vs Hindustan Conductors (P) Ltd. (ITAT, Mum) 58 ITD 410


Assessee following mercantile system – Failure to include accrued interest in returns – No evidence to show change in method of accounting or interest did not accrue – Penalty valid

James Finlay & Co. Ltd. Vs CIT (Cal) 144 ITR 423

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Dear Friends This is great treasure. Keep in your store and share as well r. r makwana iconThis is a free book. Thank you for downloading. You may share this book with your friends. This book may be copied and reproduced in any form, but please retain the original content. If you enjoyed this book please return to Smashwords for other works by this author

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Dear Friends This is great treasure. Keep in your store and share as well r. r makwana iconGuided by the firm hand of the government, China has evolved a manufacturing-based development pattern that is more robust and balanced than that of India, which has set great store by an Information Technology-based `knowledge economy' without vital linkages with other sectors

Dear Friends This is great treasure. Keep in your store and share as well r. r makwana iconThen said he unto them, Therefore every scribe which is instructed unto the kingdom of heaven is like unto a man that is an householder, which bringeth forth out of his treasure things new and old

Dear Friends This is great treasure. Keep in your store and share as well r. r makwana iconTrawled treasure (A collection of mainly Christian quotations) Compiled over more than 35 years by Gareth p bolton

Dear Friends This is great treasure. Keep in your store and share as well r. r makwana iconDear Conference Participant

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