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Penalty Proceedings

Clandestine Removal Proven Through Private Diary & S.14 Admissions: CESTAT Upholds Excise Duty and Penalty on Tobacco Manufacturer [Read Order]

The Customs, Excise and Service Tax Appellate Tribunal, Allahabad (CESTAT) held that clandestine manufacture and removal of excisable goods stands...

Taxpayer cannot be Penalised for Mistake of Previous Tax Consultant: ITAT Grants Relief [Read Order}

Failure to appoint Internal Auditor: MCA Slaps ₹2.5 Lakh Penalty on Company and its Director [Read...

Dummy Shipping bill used Only for Charges Calculation, No evidence of Fraud: CESTAT Sets aside...

Penalty Invalid as Notice did not specify sub-clause of S.270: ITAT Rules in Favour of Bajaj Housing...

Mere Change in Head of Loss Does Not Constitute Under-Reporting u/s 270A: ITAT Deletes ₹15.19 Cr Penalty [Read Order]

The Income Tax Appellate Tribunal, Mumbai Bench (ITAT), held that a mere change in the head under which a loss is classified cannot be treated as under-reporting of income for the purpose of...

CESTAT Sets Aside Section 114AA Penalty Due to Failure in Establishing Proof of Intentional Use of Manipulated Scrip [Read Order]

The New Delhi Principal Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) held that a penalty under Section 114AA of the Customs Act, 1962 cannot be sustained in the absence...

Consolidating the ‘Opportunity of Being Heard’ in Penalty Proceedings u/s 471 of Income Tax Act, 2025 [Old vs New Tax Act Series- Article 2]

The Income Tax Act, 2025 is a landmark legislation, repealing the erstwhile IncomeTax Act of 1961 which has been in force for more than 6 decades. To accommodate the changing ways of the world and...

AO issued Penalty Notice without Specifying Offense of Concealment or Inaccurate Particulars as Mandated u/s 271(1)(c): ITAT quashes Order [Read Order]

The Kolkata Bench of the Income Tax Appellate Tribunal (ITAT) quashed the penalty notice as the assessing officer issued it without specifying the offense whether it was concealment of income or...

Initiation of Penalty Proceedings u/s 271A of Income Tax Act: Kerala HC directs Income Tax Dept to consider Stay Petition [Read Order]

The Kerala High Court directed the Income Tax Department to consider tax petition in the matter regarding the initiation of penalty proceedings under Section 271A of the Income Tax Act, 1961. The...

Mere making of Incorrect Claim does not Tantamount to furnishing of inaccurate particular: ITAT deletes Penalty u/s 27(1)(c) of Income Tax Act [Read Order]

In a recent decision the Mumbai bench of the Income Tax Appellate Tribunal ( ITAT ) ruled that the mere making of an incorrect claim does not tantamount to furnishing of inaccurate particular,...

Non-payment of Excise Duty as per Machinery Provision Including Designated Point of Time of Taxation Invites Penalty Proceedings: CESTAT [Read Order]

The Ahmedabad bench of the Customs, Excise & Service Tax Appellate Tribunal ( CESTAT ) has held that non-payment of excise duty as per machinery provision including designated point of time of...