OM ISPAT,NAGPUR vs. ITO WARD 4(3), NAGPUR
What did the Tribunal hold?
The Tribunal held that penalty proceedings require a clear accusation, and it is necessary to specify whether the penalty is for concealment of income or furnishing inaccurate particulars. Since this was not clearly done, the penalty order was quashed.
What were the facts?
The assessee challenged a penalty order under Section 271(1)(c) of the Income Tax Act. The primary ground for appeal was that the penalty proceedings were not clearly specified as to which limb of the section they were initiated and concluded under.
What were the issues?
Whether penalty proceedings under Section 271(1)(c) are valid if the specific limb (concealment or inaccurate particulars) is not clearly specified in the show-cause notice and the penalty order.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, NAGPUR BENCH :: NAGPUR
PER ANUBHAV SHARMA, JM
This appeal filed by the assessee is directed against the order of National Faceless Appeal Centre, Delhi, (for short, “CIT(A)”), dated 01/08/2025 passed under section 250 of the Income Tax Act, 1961 (for short, “Act”) which is emanating from the penalty order dated 29.05.2018
ITA No. 519/NAG/2025 (OM Ispat) passed u/s. 271(1)(c) of the Act by the ITO, Ward-4(3), Nagpur, for the Assessment Year (AY) 2015-16.
On hearing both the sides, we find that assessee has challenged the impugned penalty order primarily raising a ground that penalty proceedings have been conducted without clearly specifying the limb under which penalty proceedings were initiated and concluded.
2.1 Though, Ld.DR heavily relied the impugned order and submitted that penalty proceedings were initiated and conducted on both the counts.
However, as we appreciate the material on record, we find that at page Nos. 9-11, assessee has provided copy of impugned assessment order which led to initiation of penalty proceedings and therein Ld. AO has mentioned that penalty proceedings u/s. 271(1)(c) of the Act are initiated for concealment of particular of income. Thereafter, at page No. 13 of the paper book, there is a copy of notice issued u/s. 274 r.w.s. 271(1)(c) of the Act, wherein Ld. AO had show-caused the assessee alleging
ITA No. 519/NAG/2025 (OM Ispat) that “you have concealed the particulars of income and furnished inaccurate particulars of such income”. As we go through the impugned order of levy of penalty, Ld. AO mentioned that penalty is being levied for furnishing inaccurate particulars of income, thereby concealing the income.
We are of the considered view that law is now settled that penalty proceedings require crystal clear accusation and for that reason it is necessary to specify as to which limb of section 271(1)(c) of the Act, penalty proceedings have been initiated i.e. whether for concealment of particulars of income or furnishing inaccurate particulars of income. The reliance for this settled proposition can be laid on catena of decisions which were cited by the learned counsel for the assessee including the decision of Coordinate Delhi Benches in the case of Trendz Informatics Pvt. Ltd. vs. ITO in ITA No. 74/DEL/2020, dated 12.10.2022, wherein SLPO was dismissed.
ITA No. 519/NAG/2025 (OM Ispat) 5. In the light of aforesaid, we are inclined to sustain the ground No.3. Appeal of the assessee is allowed and the impugned penalty order is quashed.
Order pronounced in open Court on 15.06.2026
sd/- sd/- ANUBHAV SHARMA KHETTRA MOHAN ROY ACCOUNTANT MEMBER JUDICIAL MEMBER
Nagpur: Dated: 15/06/2026 vr/- Copy to: 1. The Assessee 2. The Revenue 3. The Pr.CIT concerned. 4. The DR, ITAT, Nagpur 5. Guard file. By order Vukkem Digitally signed by Vukkem Rambabu Rambabu Date: 2026.06.15 18:07:47 +05'30' Senior Private Secretary ITAT, Nagpur
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
Recent GST High Court judgments
Search GST case law →- Tvl. Jeyarani Shopping Centre vs. The Deputy State Tax Officer -1/The Deputy Commercial Tax OfficerMadras · 14 Oct 2026
- Rohan Tanna vs. Directorate General Of Goods And Services Tax IntelligenceChhattisgarh · 14 Oct 2026
- Dipak Saikia vs. The Union Of INDIA And 4 OrsGauhati · 14 Oct 2026
- Saraswati Phukan vs. The Union Of INDIA And 4 OrsGauhati · 14 Oct 2026
- Sanjay Maheshwari vs. Union Of INDIA & Ors.Delhi · 14 Oct 2026