Concealment of income

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Q.Consequences of issue of penalty u/s 271(1)(c) without mentioning whether the notice is for concealment or the notice for furnishing of inaccurate particulars. ITAT Delhi decided the order on 3.11.2021 in the case of Acit, Central Circle-18, New … vs Inayatali Esmail Soomar, , Delhi. Kindly click the link to get full order.
No interference is required to be made in the issue of notice under old provisions of Section 148 of the Income Tax Act extended uptill 30th day of June, 2021. The petition of the assessee is dismissed by Chhattisgarh High Court on 23/08/2021 in the case of Palak Khatuja Vs Union Of India
Consequences when AO reopen the case only on the basis of valuation report or when no addition is made on account of reason recorded? ITAT CHANDIGARH passed the order in the case of FATEH HOMES PVT. LTD. vs. ITO ON 16.6.2021. IN FAVOUR OF ASSESSEE. IT-CASES-246-2021.
Section 147,148, 151 Consequences when the A.O. mentioned wrong Section, wrong facts in the reasons for reopening of the assessment and acted in a mechanical manner without application of mind. ITAT Delhi in the case of Maheshwari Roller Flour Mills Pvt … vs Ito on 17 December, 2020 AY 2009-10. In favour of assessee. ITA.No.4257/Del./2019.
Section 147,148, 151. Consequences when the Ld. AO failed to provide the complete Annexures which are the basis for reopening ? The ITAT Delhi passed the order on 15 January, 2020 in the case of Behat Holdings Ltd., New Delhi vs Ito Ward-4(3), New Delhi Order in the favour of the assessee. ITA.No.8066/Del./2019.
The question in the present case is as to whether the information received from the investigation wing/search team would constitute ‘reason to believe’ empowering the Assessing Officer to reopen the assessment u/s 147/148. Answer is given by ITAT Ahmedabad on 12/11/2020 in the case of Hitesh Ashok Vaswani Vs DCIT. https://www.bpmundraca.com/it-cases-240-2021/
In K.C. Builders (Supra), the Supreme Court held in para¬26 that once the finding of concealment ‎and subsequent levy of penalties under Section 271 (1)(c) of the Act has been struck down by ‎the Tribunal, there is no concealment, u/s 276¬C and 277 read with Section 278 of the Income Tax ‎Act, 1961. Chattisgarh High Court again confirmed in M/S System India Castings vs The ‎Principal Commissioner Of …. on 26 June, 2019‎