Section 271(1)(c)
This query is : Resolved
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
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
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.
.
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.
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