HPCL Mittal Energy Ltd. v. ACIT
97 Taxmann.com 3Income Tax Appellate Tribunal2018#4929 most cited
What is HPCL Mittal Energy Ltd. v. ACIT authority for?
A penalty order under section 271(1)(c) is unsustainable if the Assessing Officer (AO) initiates proceedings for "concealment of particulars of income" but ultimately finds the assessee guilty of "furnishing inaccurate particulars of income", or vice versa. The AO cannot be uncertain in the penalty order as to which charge applies, as this error goes to the root of the matter and is not saved by section 292B.
24
judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2019 to 2025.
Also referred to as
HPCL Mittal Energy Ltd. · penalty under section 271(1)(c) · concealment of income · furnishing inaccurate particulars of income · AO satisfaction · section 292B · unsustainable penalty order
Also reported as
169 DTR 1