banner_ad

Written off of sundry parties may not cause initiation of penalty under sec 271(1)(c) of IT Act


Last updated: 16 January 2012

Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
Facts in brief as emerged from the corresponding assessment order passed u/s.143(3) of the I.T. Act, 1961 dated 31/01/2006 and the penalty order passed u/s.271(1)(c) of the I.T.Act, 1961 dated 31/03/2008 were that the addition in respect of write off of Rs.44,89,898/- was made pertaining to sundry parties and that was the reason for initiation of penalty proceedings. That disallowance in quantum proceeding was challenged before the Tribunal and Respected Co-ordinate Bench “C” ITAT Ahmedabad vide ITA No.798/Ahd/2007 for A.Y. 2003-04 titled as “Ashima Dyecot Ltd. Ahmedabad vs. Asst.CIT, Ahmedabad” vide order dated 06/11/2009 has restored the matter to the file of the Assessing Officer with certain directions; relevant paragraph No.4 is reproduced below:- “4. We have carefully gone through the orders of authorities below and perused the material available on record. It is pertinent to note that in para 3.1 of the impugned order, the Learned Commissioner of Income Tax (Appeals) noted the aforesaid plea of the assessee but has not adjudicated the same. In these circumstances, we find considerable force in the submission of the ld.D.R. We accordingly set aside the impugned order of Learned Commissioner of Income Tax (Appeals) and restore the same to the file of A.O. with the direction that the Learned Commissioner of Income Tax (Appeals) will re-adjudicate the appeal of the assessee afresh including the plea raised before him which is noted in para 3.1 & 3.2 of the impugned order after giving opportunity of being heard to both the sides.”

Citation :
Ashima Dyecot Ltd.(Formerly known as Ashima Dyecot Pvt .Ltd. )Texcellance Complex Khokhra Mehmedabad Ahmedabad – 380 021 (Appellant)Vs.The DCIT Circle-1 Ahmedabad PAN/GIR No:AACCA 2753 K (Respondent)

Daily Limit Reached

You have reached your daily limit of 2 Free Judgements

Subscribe to CCI PRO for unlimited access

Why Upgrade to CCI PRO?
  • No Ads
  • WhatsApp Broadcasts
  • Daily E-Newsletter
  • Unlimited Judgements Access
BEST VALUE
2 YEAR PLAN
3,499
(Inclusive of GST)
1 YEAR PLAN
1,999
(Inclusive of GST)
Buy CCI PRO Now

Already a PRO member? Login here for an ad-free experience.

 

CCI Pro

CS Bijoy
Published in Income Tax
Views : 1526

Comments




CCI Pro
Meet our CAclubindia PRO Members

Follow us
add to google news


Company
01 June 2026
Audit, Taxation & Compliance Executive

R P S K & Associates

Nashik

CA Inter

View Details
Company
ARTICLESHIP 28 May 2026
Accounts, Audit & Compliance Executive

Shyam Joshi & Associates

Pune

B.Com

View Details
Company
ARTICLESHIP 14 May 2026
CA ARTICLE

PRAVEEN GARG & CO

Faridabad

CA Foundation

View Details
Company
04 June 2026
Semi Qualified CA

Goyal Puneet & Associates

New Delhi

CA Final

View Details
Company
Featured 26 May 2026
Account Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
ARTICLESHIP 31 May 2026
Article Assistant

KPRS And Associates

New Delhi

CA Inter

View Details
Company
09 June 2026
Accounts Associate

S Madan and CO

New Delhi

Graduate (Any)

View Details
Company
29 May 2026
Company Secretary - Part time

Shaswat initial support private limited

Ahmedabad

CS

View Details