Section 271(1)(c)

This query is : Resolved

Surendra (Querist)
Follow

07 June 2012 dear sir,
one of my client was finished i.tax scrutiny for A.Y. 2009-10. I.T.O. initiate 271(1)(c). I have filed reply against above section with mention of various decision of high court & supreme court. Bascially commission expenses disallowed by I.T.O. after that I surrender that but in order I.T.O. not write that surrendered by assessee.

Can I should go appeal against I.T.O. order ?
please guide me.
thanks in advance
surendra

CA SURENDRA KUMAR RAKHECHA

CA SURENDRA KUMAR RAKHECHA (Expert)
Follow

08 June 2012 Penalty proceedings initiated by the AO is altogether different from assessment proceedings.
.
Right now the penalty proceedings have been initiated by him.
.
If the penalty is not finalized by him; you can approach him and "pursue" your case with him on below mentioned grounds.
.
If finalized; definitely you can go into appeal with following more arguments :
.
1. The commission paid could not be duly replied to the "satisfaction of the AO" at the time of assessment proceedings.
.
2. The expenditure is real. The payee is real (attach confirmation; his supporting documents of like PAN card, his bank account where payment has been shown, his Income-Tax Return copy where the said income has been shown).
.
3. Argue before CIT (A) that to buy peace; you agreed to the additions.
.
4. Merely because additions have been made; doesn't mean particulars are "inaccurate" and thus liable to penalty.

Message likes : 1 times

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now

Join the CA Students WhatsApp Community for ICAI Updates, Trending Courses & Notes!

Similar Resolved Queries

Unanswered Queries

Popular
Recent

Trending Online Classes

Direct Tax Laws & International Taxation May 26,Sept 26 & Jan 27

CA Arvind Tuli

Enroll Now
Audit Fast Track Recorded Batch For May 26,Sept 26 & Jan 27

CA Aarti Lahoti

Enroll Now
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English

CA Bhanwar Borana & CA Shubham Keswani

Enroll Now

view all classess

Meet our CAclubindia PRO Members

DHANASHRI KARMARKAR

CA Aakarsh Jain

Michael & Co.

divakar podaturu

sachingurav

Subscribe Now

Section 271(1)(c)

Similar Resolved Queries

Trending Online Classes

Meet our CAclubindia PRO Members

Quick Links

Browse by Category

Latest Job Openings

Senior Executive

Manager- Finance and Compliance

GST CONSULTANT

GST CONSULTANCY

Accountant

CA Final

Article Assistant

Associate CA