C.I.T.UDAIPUR vs. UDAIPUR MAHILA URBAN CO.-OP.BANK LTD.
What did the High Court hold?
The High Court held that the penalty under Section 271(1)(c) of the Income Tax Act, 1961, was erroneously imposed. The reasoning was that while the assessee initially claimed a deduction, it voluntarily filed a revised return and withdrew the deduction. Crucially, no change in facts was made; the change was solely regarding the entitlement to the deduction, which the assessee corrected on its own. The Court found no force in the Revenue's argument that the assessee knowingly submitted an inaccurate return. Relying on the Supreme Court's decision in CIT Vs. Reliance Petro Products Pvt. Ltd., the High Court concluded that merely claiming a deduction that is later found not to be allowable, and then correcting it in a revised return, does not automatically attract penalty under Section 271(1)(c). The appeal was dismissed as having no merit.
What were the facts?
The assessee, Udaipur Mahila Urban Co.-Op. Bank Ltd., for assessment year 2008-09, initially declared a taxable income of Rs. 2,74,660/- and claimed a deduction of Rs. 76,16,622/- under Section 80P(2)(d) of the Income Tax Act, 1961. Subsequently, on November 30, 2009, a revised return was filed declaring Rs. 78,91,280/- as taxable income, withdrawing the deduction claimed under Section 80P(2)(d). The Assessing Officer treated this as concealment and imposition of inaccurate particulars, leading to a penalty under Section 271(1)(c). The Commissioner of Income Tax (Appeals) allowed the assessee's appeal, and the Income Tax Appellate Tribunal affirmed this decision.
What were the issues?
1. Whether the penalty under Section 271(1)(c) of the Income Tax Act, 1961, was erroneously imposed on the respondent-assessee, when the assessee voluntarily withdrew a claimed deduction in a revised return. The Assessee's contention, as understood from the High Court's analysis, is that the penalty under Section 271(1)(c) was wrongly invoked because the assessee corrected its own mistake by filing a revised return and withdrawing the deduction, without any change in the underlying facts. The Revenue argued that the assessee was aware that the deduction under Section 80P(2)(d) was not applicable, yet submitted an inaccurate return, justifying the Assessing Officer's invocation of Section 271(1)(c). The High Court relied on the Supreme Court's judgment in CIT Vs. Reliance Petro Products Pvt. Ltd.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
Judgment 02/01/2017
This appeal is preferred to question correctness of the judgment dated 14.2.2013 passed by the Income Tax Appellate Tribunal, Jodhpur Bench, Jodhpur affirming the order passed by the learned Commissioner of Income Tax (Appeals) dated 22.5.2012 arriving at the conclusion that the respondent-assessee was erroneously subjected to penalty as per provisions of Section 271(1)(c) of the Income Tax Act, 1961. The factual matrix necessary to be noticed is that the assessee, a Co-operative Bank, for the assessment year 2008-09
(2 of 3) [ITA-103/2013] declared taxable income of Rs.2,74,660/-. While doing so, the assessee claimed deduction as per provisions of Section 80P (2) (d) of the Income Tax Act, 1961 for a sum of Rs.76,16,622/-. A revised return was subsequently filed on 30.11.2009 declaring a sum of Rs.78,91,280/- as taxable income. While submitting revised return, the assessee withdrew deduction claimed as per Section 80P (2)(d) of the Act of 1961. The Assessing Officer treated the same as concealment of a particular income and further submission of inaccurate particulars of income, thus, imposed a penalty. To challenge the same, an appeal was preferred before the Commission of Income Tax (Appeals), that came to be allowed under an order dated 22.5.2012. The Commissioner of Income Tax while accepting the appeal arrived at the conclusion that in light of the judgment of Hon`ble Supreme Court in CIT Vs. Reliance Petro Products Pvt. Ltd., merely because the assessee claimed deduction of interest incurred has not been accepted by the revenue and the penalty under Section 271(1)(c) could have not been attracted. The Income Tax Appellate Tribunal affirmed the finding aforesaid by relying upon the judgment of Hon`ble [ITA-103/2013] Sanjay
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 →- M/S Shivam Tiles House vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- Dr Babasaheb Ambedkar Marathwada University Thr Its Registrar Prashant S Amrutkar vs. Union Of INDIA Thr The Secretary And OthersBombay · 19 Oct 2026
- Babasaheb Ambedkar Marathwada University Thr Registrar Prashant S Amrutkar vs. Union Of INDIA Thr Secretary And OthersBombay · 19 Oct 2026
- Vinishma Technologies Private Limited vs. State Of KarnatakaKarnataka · 17 Oct 2026