...power of review is not conferred to entertain the application at the instance the delinquent employee but this power can be exercised only for the purposes of enhancement of penalty suo motu. In the...review application should be filed within a reasonable period, not in his wisdom . At the same time, power cannot be only exercised for enhancement of the penalty but for other purposes also as the...and after reviewing the case pass such orders thereon as it may deem fit. Provided that: (i) if any enhanced penalty, which the Reviewing Authority proposes to impose...

...which resulted in enhancement of value for assessment purposes. Undoubtedly, the goods are liable for confiscation and penalty. However, taking into account all the facts of this case, we find that there.... The original authority confirmed enhancement of the value and confiscated the goods under Section 111(d) & (m) of the Act, however gave an option to redeem the same on payment of redemption fine of Rs.... 70,00,000/-. Penalty of Rs. 60,00,000/- was also imposed under Section 112(a). On appeal, Commissioner (Appeals) vide impugned order reduced the redemption fine to Rs 25.00 lakhs and penalty to Rs...

.../- for purposes of confiscation and for imposition of penalty. We must observe that such enhancement prima facie appears to be in excess of the power conferred on the Central Board of Excise. But, we...count of more than 92. In the same notice, the Assistant Collector called upon the petitioner-Company to show cause why penalty proceedings should not be initiated for violation of...power of adjudication and is as follows : "S. 33. Power of adjudication. Where by the rules made under this Act anything is liable to confiscation or any person is liable to a penalty...

...Officer can levy penalty in respect of item of enhancement made by the learned CIT(A). There is apparently no distinction for the purposes of levy of penalty under section 158BFA(2) as to whether new item...on this amount. Since enhancement was made in the appellate order by the learned CIT(A), this amount could not be considered as concealed income for the purpose of levying penalty by Assessing...ld. CIT(A) has not directed to initiate or levy the concealment penalty on this amount. As the enhancement was made in the appellate order passed by the ld. CIT(A) to the extent of Rs. 5,51,451, this...

...loose their discretion to impose penalty. The enhancement of the valuation on the basis of the finding that the property has a potential user as residential or industrial purposes, is subject to appeal...assessing the market value at the residential rates the petitioner was required to pay Rs. 1,36,900/- as deficiency in stamp duty and Rs. 73,100/- as penalty (total Rs. 2 lacs) with 1.5% interest per month...appellate authority has exercised the discretion in accordance with the law, and that the deposit of one half of the amount includes one third of the disputed amount for the purposes for grant of stay...

...his limit to Rs. 500/- and Rs. 250/- for purposes of confiscation and for imposition of penalty. We must observe that such enhancement prima facie appears to be in excess of the power conferred on the...having a count of more than 92. In the same notice, the Assistant Collector called upon the petitioner-Company to show cause why penalty proceedings should not be initiated for violation of...any person is liable to a penalty, such confiscation or penalty may be adjudged—(a) without limit, by a Collector of Central Excise;(b) upto confiscation of goods not...

...I.C. Sudhir, J.M.:— The assessee has questioned sustaining of penalty under section 271(1)(c) of the Income-tax Act, 1961 at Rs. 61,800 by the Learned CIT...(Appeals) on several grounds.2. At the outset of hearing, the Learned AR pointed out that the quantum appeal questioning the addition on the basis of which penalty in question has been levied..., has been allowed by the ITAT for the statistical purposes vide order dated 02.12.2015 in I.T.A. No. 4180/Del/2015 (A.Y. 2010-11) in the case of assessee, a copy whereof has been made available. The...

...PER I.C. SUDHIR: JUDICIAL MEMBER The assessee has questioned sustaining of penalty under section 271(1)(c) of the Income-tax Act, 1961 at Rs.61,800 by the Learned CIT...(Appeals) on several grounds. 2. At the outset of hearing, the Learned AR pointed out that the quantum appeal questioning the addition on the basis of which penalty in question has...been levied, has been allowed by the ITAT for the statistical purposes vide order dated 02.12.2015 in ITA No. 4180/Del/2015 (A.Y. 2010-11) in the case of assessee, a copy whereof has been made...

.... The appeal No. E/278/2009 is against the very same impugned order filed by the department seeking enhancement of the penalty to the level determined by the original authority.2...of duty and penalty sustained as indicated above. The department is in appeal seeking enhancement of the penalty from Rs. 58,000/- to Rs. 2,30,898/-.4...the party is allowed, the question of enhancement of penalty equal to duty confirmed by the Commissioner (Appeals) does not arise. Since the appeals are disposed of on merits, the issue of limitation...

.../278/09 is against the very same impugned order field by the department seeking enhancement of the penalty to the level determined by the original authority. 2. Heard both sides.... The department is in appeal seeking enhancement of the penalty from Rs.58,000/- to Rs.2,30,898/-. 4. Learned Advocate for the appellants submits that duty paid on the laminated...duty. Therefore, the appeal of the appellant party deserves to be allowed. When the appeal of the party is allowed, the question of enhancement of penalty equal to duty confirmed by the Commissioner...

...case for purposes of determining the quantum of penalty but the default however is only one which takes place on the expiry of the last day for filing the return without penalty and not a continuing one...Section 271(1) (a) of the 1961 Act and imposed a penalty of Rs 4060 for failure to furnish the return within the time on a finding that the assessee had not been prevented by any reasonable cause for not...complying with the statutory obligation to make the return. The assessee challenged the imposition of penalty by preferring an appeal to the Appellate Assistant Commissioner who refused to interfere...

...be liable to fine.Explanation.— For the purposes of this section, a wilful attempt to evade any tax, penalty or interest chargeable or imposable under this Act or the payment thereof...with section 271(1)(c) of the Act was issued to the assessee to explain why penalty should not be levied for having concealed particulars of income/showing inaccurate...relations. The Assessing Officer found that reply was not convincing and did not accept the same and as such minimum penalty of Rs. 3,14,370 and Rs. 5,96,310 was levied in terms of section...

...Central Act” could be made liable for penalty under the provisions of the State Sales Tax Act hereinafter referred to as the State Act. The penalty imposed under the State Act is for default in payment...State shall, on behalf of the Government of India, assess, reassess, collect and enforce payment of tax, including any penalty, payable by a dealer under this Act as if the tax or penalty payable by such...a dealer under this Act is a tax or penalty payable under the general Sales Tax law of the State; and for this purpose they may exercise all or any of the powers they have under the general Sales Tax...

...take place only after assessment has been completed. Although penalty has been regarded as an additional tax in a certain sense and for certain purposes, penalty proceedings are not a continuity of the...certain sense and for certain purposes it is not possible to hold that penalty proceedings are essentially a continuation of the proceedings relating to assessment where a return has been filed...crucial date, therefore, for purposes of penalty is the date of such completion. It is equally difficult to understand the argument that because it rests with the Income tax Officer to, complete the...

...took up the hearing of the penalty proceedings, the facts concerning the understatement on account of double debit of the value of the opening stock and the enhancement of the income were brought to...facts and in the circumstances of the case, the Tribunal was right in law in holding that the order of the Inspecting Assistant Commissioner of Income-tax imposing the penalty under...per cent., the ITO held that the assessee's case fell within the mischief of the Explanation to s. 271(1)(c). He accordingly, initiated penalty proceedings and as the minimum penalty leviable exceeded...

...the date of removal from service till the date of reinstatement as non-duty for all purposes i.e., for almost 13 months. At the time of passing of the appellate order enhancing the penalty, out of four...years, the currency of the penalty of 11 months had lapsed. In the appeal filed against the enhancement of penalty, the Appellate Authority further imposed the same penalty of reduction in pay for a...restoring the penalty order of the Disciplinary Authority dated 05.04.2019 (Annexure-A5) setting aside the order of enhancement of penalty dated 13.03.2020 (Annexure-A9) since the...

.... Mere disallowance of expenditure or enhancement of returned income does not ipso facto call for imposition of penalty under Section 271(1)(c) of the Act. The assessee has offered an explanation...of Income Tax (Appeals)-III, Delhi ('CIT(A)' in short) dated 11.09.2018 aris ing from the penalty order dated 27.09.2017 passed under Section 271(1)(c) of the Income Tax Act, 1961 ( the Act) concerning...AY 2007- 08. 2 . As per the grounds of appeal, the assessee seeks to challenge the penalty imposed on disallowance of the expense...

...declared by the assessee in the return and assessed the total income of the assessee at Rs 2,21,54,785. Penalty proceedings under Section 271(1)(c) were initiated separately and penalty of Rs 7,75,211 was...imposed under Section 271(1)(c) by the assessing officer vide order dated 16-3-2003. The assessee accepted the order of assessment but challenged the order of penalty in appeal before CIT (Appeals...) XXV, New Delhi.6. After hearing the assessee and the departmental representative, CIT (Appeals) XXV, New Delhi allowed the appeal and set aside the order of penalty vide his...

...search, he shall, for the purposes of imposition of a penalty under clause (c) of sub-section (1) of this section, be deemed to have concealed the particulars of his income or furnished inaccurate...“the Act”) inserted by the Finance Act, 1996 with the intention of imposing mandatory penalty on persons who evaded payment of tax should be read to contain mens rea as an essential ingredient and...whether there is a scope for levying penalty below the prescribed minimum. Before the Division Bench, stand of the Revenue was that the said section should be read as penalty for statutory offence and the...

...infraction of the law and is visited with a penalty cannot on grounds of public policy be said to be a commercial expense for the purpose of a business or a disbursement made for the purposes of...by steamer--Payment of penalty in lieu of confiscation--Allowable expenditure--Commercial expense--Sea Customs Act, 1878 (8 of 1878), s. 167(8)--Indian Income-tax Act, 1922 (11 of 1922), S. 10(2)(XV...to pay Rs. 82,250 as penalty in lieu of confiscation. The appellant paid the amount and got the dates released. Before the Income-tax authorities it claimed to deduct the amount paid as penalty as an...