Appeal against the penalty order under 271 (1) (c)

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Jaikumar (Querist)
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12 July 2011 Hi,

I have been asked to pay the penalty for AY 2008 - 2009 now. (of RS 23,719)

Any one please let me know how to file the appeal?

and

do you think is it worth to file appeal my case?

Thanks in advance

CA Manish Agrawal

CA Manish Agrawal (Expert)
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13 July 2011 Mr. Jaikumar!
Please Furnish Details of The Case to Experts for Forming a Clear Cut View about The Case, Otherwise, you will be in Trouble.
Plz Give Following Details..
(1) Ground for Imposing Penalty Under Section 271(1)(c)..
(2) Date of Demand Notice ..
(3) Date of Issuing & Date of Serving..
(4) What are The Contents of Notice.. On which Fault(By waht reason??) you are being Penalised..etc.
Then we may able to Counsel you..
Appeal may be Done But to what extent it will be Fruitful it depends upto Facts & circumstances of Your Case.

CA SAP Manish J. Agrawal (DISA, DIRM)

CA Manish Agrawal

CA Manish Agrawal (Expert)
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Message likes : 1 times

Jaikumar

Jaikumar (Querist)
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13 July 2011 Mr. Manish J. Agrawal ,

Please find my reply for your question. let me know if you need any additional info. Thanks for your reply

(1) Ground for Imposing Penalty Under Section 271(1)(c)..

>> I missed to declare the fixed deposit interest income on AY 2008 - 09. My case was selected for scrutiny on Jan'11. I paid the additional tax + interest after new calculation in this process. Now i got the notice to pay the penalty for the additional tax (100% penalty)

(2) Date of Demand Notice ..

>>27th June 2011

(3) Date of Issuing & Date of Serving..

>> Nothing mentioned any thing of this details. I called the person who issued the penalty. He asked me to file appeal to get rid of this penalty. If i have to pay he said there is no time lmit and I can pay in installment also.

(4) What are The Contents of Notice.. On which Fault(By waht reason??) you are being Penalised..etc.

>> Content is , they are not convinced with my reason of why I missed to declare the interest amount. Hence so 100% penalty of the tax has to be paid by me.

Thanks,
Jaikumar

CA PARAS BAFNA

CA PARAS BAFNA (Expert)
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07 August 2011 If the penalty is less than10000/- pay and forget it. If it is more, contact a CA who will draft the grounds of appeal and facts of the cases and file appeal.
.
Looking towards the technicalities involved in the matter of appeals it is recommended that you should
assign the task to a CA who is engaged in Appeal Work. The penalty may be deleted by the CIT(A) if the
things are explained properly in appeal so as to show that there was not a willful intention to evade tax.
.

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CA SURENDRA KUMAR RAKHECHA

CA SURENDRA KUMAR RAKHECHA (Expert)
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07 August 2011 If you have not shown your interest income in previous years; then penalty will be confirmed.

.

If you have missed for the year under review only; then appeal may sustain.

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If this was the first year and no regular books of account were maintained; then also some good ground can be found.

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Your facts are not fully clear. Neither these can be explained in words.

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Better hand over the case to one expert CA or Income-Tax Practitioner.

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Before assigning the work to him; also ask the likely FATE of the APPEAL.

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If he says; it would be difficult. Let's try. Then forget to file appeal and pay the penalty.

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Once you pay the penalty; at least for rest of the LIFE you would be alert not to forget the INCOME WHICH SHOULD BE SHOWN IN THE INCOME-TAX RETURNS.

.

Message likes : 1 times

Jaikumar

Jaikumar (Querist)
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10 August 2011 Thanks Paras Bafna and Surendra Kumar

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