Section 271B

Sec. 44AB, Section 271, Section 271B

Punjab & Haryana H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in cancelling the penalties imposed on the assessee under s. 271B on the ground that same were not exigible in a case where the audit report under s. 44AB had been obtained on or before the specified date and the same was filed along with a return other than a return under s. 139(1) and no notice had been issued to the assessee by the AO under s. 142(1)(i) ?

High Court Of Punjab & Haryana CIT vs. K.K. Spun Pipe Sections 44AB, 271B Asst. Years 1989-90, 1990-91 D.K. Jain,

Section 263, Section 271B

Allahabad H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in cancelling the order under s. 263 of the IT Act when the order of the ITO was erroneous and prejudicial to the interest of the Revenue on account of his failure to initiate penalty proceedings under s. 271B which attracted in assessee’s case due to contravention of the provisions of s. 44AB ?

High Court Of Allahabad CIT vs. Ashok Construction Co. Section 263, 271B Asst. Year 1986-87 R.K. Agrawal & Prakash Krishna,

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