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    <title>Levy of penalty against estimated income: ITAT rules penalty invalid due to inconsistent grounds for imposition. Precedents cited. Assessee&#039;s appeal allowed.</title>
    <link>https://www.taxtmi.com/highlights?id=78988</link>
    <description>The case involved a dispute over penalty imposition u/ss 271(1)(c) versus 271(1B) for additions related to estimated income from share trading transactions. The assessing officer initially alleged &#039;furnishing inaccurate particulars of income&#039; under 271(1)(c) but later changed the basis for penalty imposition. The Tribunal held that the penalty order was invalid as the AO&#039;s satisfaction for penalty imposition was not consistent, citing precedents like New Sorathia Engineering and CIT vs. Manu Engineering Works. The Tribunal ruled that when the AO confirms penalty on a different ground than the original satisfaction under 271(1B), the penalty under 271(1)(c) is not legally sustainable. Consequently, the appeal of the assessee was allowed.</description>
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    <pubDate>Mon, 01 Jul 2024 08:32:23 +0530</pubDate>
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      <title>Levy of penalty against estimated income: ITAT rules penalty invalid due to inconsistent grounds for imposition. Precedents cited. Assessee&#039;s appeal allowed.</title>
      <link>https://www.taxtmi.com/highlights?id=78988</link>
      <description>The case involved a dispute over penalty imposition u/ss 271(1)(c) versus 271(1B) for additions related to estimated income from share trading transactions. The assessing officer initially alleged &#039;furnishing inaccurate particulars of income&#039; under 271(1)(c) but later changed the basis for penalty imposition. The Tribunal held that the penalty order was invalid as the AO&#039;s satisfaction for penalty imposition was not consistent, citing precedents like New Sorathia Engineering and CIT vs. Manu Engineering Works. The Tribunal ruled that when the AO confirms penalty on a different ground than the original satisfaction under 271(1B), the penalty under 271(1)(c) is not legally sustainable. Consequently, the appeal of the assessee was allowed.</description>
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      <pubDate>Mon, 01 Jul 2024 08:32:23 +0530</pubDate>
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