DCIT,CIRCLE-1,RANCHI, RANCHI vs. CENTRAL COALFIELD LTD, RANCHI
What did the Tribunal hold?
The Tribunal held that the penalty notice issued under Section 274 read with Section 271(1)(c) was defective as it did not specify the limb under which the penalty was being imposed. Following its previous decisions, the Tribunal set aside the penalty.
What were the facts?
The Assessing Officer imposed a penalty under Section 271(1)(c) of the Income Tax Act on the assessee for furnishing inaccurate particulars of income. The CIT(A) partly allowed the appeal, reducing the penalty. Both the revenue and the assessee filed appeals before the ITAT.
What were the issues?
Whether the penalty proceedings initiated under Section 271(1)(c) are vitiated due to a defective notice under Section 274, which failed to specify the limb of the offense.
Which sections of the Income-tax Act were involved?
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Cases cited in this judgment(14)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
- CIT v. Reliance Petroproducts Pvt. Ltd.2,228 citing322 ITR 158 · 2010 · SC · Read judgment
- CIT v. SSA’s Emerald Meadows953 citing73 Taxmann.com 248 · 2016 · SC
- Ashok Pai v. CIT812 citing161 Taxmann 340 · 2007 · SC · Read judgment
- Mr. Mohd. Farhan A. Shaikh v. ACIT672 citing125 Taxmann.com 253 · 2021 · HC
- CIT v. Manu Engg505 citing122 ITR 306 · 1980 · HC
- CIT v. Virgo Marketing (P) Ltd.384 citing171 Taxmann 156 · 2008 · HC · Read judgment
- Pr. CIT v. Golden Peace Hotels and Resorts (P) Ltd.105 citing124 Taxmann.com 249 · 2021 · SC
- Gangotri Textiles v. CIT42 citing121 Taxmann.com 171 · 2020 · HC
- Commissioner of Income Tax (LTU) v. State Bank of India38 citing169 Taxmann.com 305 · 2024 · SC
- (iii) Principal Commissioner of Income-tax v. Unitech Reliable Projects (P.) Ltd.28 citing166 Taxmann.com 135 · 2024 · SC
- 469 ITR 39415 citing469 ITR 394 · 2024 · SC
- Mohd. Farhan A. Shaikh v. DCIT (supra)15 citing302 Taxmann 365 · 2025 · SC
- 181 Taxmann.com 94613 citing181 Taxmann.com 946 · 2025 · HC
Income Tax Appellate Tribunal, RANCHI BENCH, RANCHI
Before: SHRI GEORGE MATHAN & SHRI RATNESH NANDAN SAHAY
PER: BENCH
The appeal filed by the revenue and the cross appeal filed by the assessee are directed against the order of the National Faceless Appeal Centre (NFAC), Delhi/learned Commissioner of Income Tax (Appeals), [in short, the ld. CIT(A)] dated 15/03/2024 for the Assessment Year (AY) 2009-10. The Revenue in its appeal has raised following grounds of appeal:
"
The Ld. CIT(A) had erred in restricting the penalty to its minimum, while the AO was fully justified i
The order continues below.
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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
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