SH. NAVNEET JHANB,NEW DELHI vs. ACIT, FARIDABAD
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the penalty order was not specific about the charge (concealment or inaccurate particulars) under Section 271(1)(c). Following a previous decision, the Tribunal deleted the penalty.
What were the facts?
The assessee appealed against the penalty levied under Section 271(1)(c) for multiple assessment years. The penalty was imposed based on the same grounds as in a previous assessment year.
What were the issues?
Whether penalty under Section 271(1)(c) can be imposed without a specific charge of concealment or furnishing inaccurate particulars of income.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Manjunatha Cotton & Ginning Factory2,590 citing359 ITR 565 · 2013 · HC · Read judgment
- New Sorathia Engineering Co. v. CIT90 citing282 ITR 642 · 2006 · HC · Read judgment
Income Tax Appellate Tribunal, DELHI BENCH “E” NEW DELHI
Before: SHRI P. K. BANSAL & SMT BEENA A. PILLAI
PER P.K. BANSAL, VICE PRESIDENT : All these appeals have been filed by the assessee against the respective order of the CIT(A). The only issue involved in all these appeals relate to the sustenance of the penalty levied u/s 271(1)(c). 2. The ld. AR during the course of hearing stated that the issue involved in this appeal as well as the facts are concerned is duly covered in favour of the assessee by the decision of this Tribunal in for the assessment year 2001-02 vide order dated 11.07.2016. The Ld. DR was fair enough to concede the position.
We, therefore, after hearing the rival submission and going through the order of the tax authorities as well as of the assessing officer and after noticing the penalty in all these years has also been levied on the same basis as has been levied in the assessment year 2001-02. We set aside the respective order of the CIT(A) in each of the assessment year as the issue involved in our view is duly covered in favour of the assessee by the order of this Tribunal in for the assessment year in which this tribunal vide order dated 11.7.2016 held as under :- “2. I have heard the rival submissions and carefully considered the same along with the order of the tax authorities below. I noted that in this case the AO levied the penalty on the assessee @200% of the tax sought to be evaded amounting to Rs, 4,89,880/- by observing as under: - "The assessee has kept changing the explanation, rather he kept on submitting wrong facts/misleading facts both before the AO and the CIT(A), therefore, it is a fit case for imposition of penalty @ 200%. In view of the above I find it reasonable to impose a penalty of Rs. 4,89,880/- being 200% of the tax sought to be evaded as calculated below :- i) Tax as per assessed income : Rs. 3,50,269/- ii) Tax as per returned income : Rs. 1,05,329/- iii) Tax sought to be evaded : Rs. 2,44,940/- iv) Minimum penalty leviable @100%: Rs. 2,44,940/- v) Maximum penalty leviable @ 200%: Rs. 4,89,880/- " 3. When the matter went before the Id. CIT(A), the Id. CIT(A) reduced the penalty to 100% of the tax sought to be evaded amounting to Rs, 2,44,940/-.
Provision of section 271(l)(c) empowers the AO if in the course of the proceedings under the Income Tax Act the AO is satisfied that any person has concealed the particulars of his income by furnishing inaccurate particulars of such income. Thus there are two different charges in respect of which penalty has to be imposed. The charge of concealing the particulars of income is different from furnishing of inaccurate particulars of the income. Explanation I is applicable in case of concealment of particulars of income. In the case of concealment of particulars of income the onus is on the assessee. In view of applicability of Explanation I to prove that the assesee has not concealed the particulars of income while in the case of furnishing the inaccurate particulars of income the onus lies on the revenue to prove that the assesee has furnished inaccurate particulars of income. Thus there must be specific charge in respect of which the penalty u/s 271(1) (c) can be imposed in the case of the assessee. It is apparent from the penalty order the AO is not aware of for which charge .he has imposed the penalty whether it is for furnishing inaccurate particulars or for concealing the particulars of income. Until and unless there is a specific charge being levied on the assesee. I am of the view no penalty u/s 271(l)(c) can be imposed on the assessee. My aforesaid view is tilt, supported by the decision of Gujarat High Court in the case of New Sorathia Engg. Co. vs. CIT 282 ITR 642 (Gujarat), Hon'ble Karnataka High Court has also taken the similar view in the case of CIT vs, Manjunatha Cotton & Ginning Factory 359 ITR 565. Since it is not discernible from the order passed by the AO for specific charge the penalty has been imposed u/s 271(i)(c), I therefore delete the penalty imposed u/s 271(l)(c) of the Act.
5. In the result appeal filed by the assessee is allowed.”
4. Respectfully following the said decision of the Tribunal, we set aside the order of the CIT(A) and delete the penalty levied u/s 271(1)(c) in each of the assessment years.
In the result all the appeals filed by the assessee are allowed. (Order Pronounced in the Open Court during the course of hearing.)
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 →- Ayush Sureshchandra Shah vs. State Of GujaratGujarat · 27 Oct 2026
- Sureshchandra Moolchand Shah vs. State Of GujaratGujarat · 27 Oct 2026
- M/S Larsen And Toubro Limited vs. Joint Commissioner Of Central GST And Anr.Delhi · 27 Oct 2026
- T C Global INDIA Private Limited vs. Principal Commissioner Of Central GST, North DelhiDelhi · 27 Oct 2026
- Kamlasana Impex Private Limited vs. Director General Of GST Intelligence (Hq) Delhi) & Anr.Delhi · 27 Oct 2026