Union of India v. Dharamendra Textile Processors

13 SCC 369Supreme Court of India2008#729 most cited

What is Union of India v. Dharamendra Textile Processors authority for?

For the applicability of Section 271(1)(c) penalty, the Assessing Officer must be satisfied that the assessee concealed income or furnished inaccurate particulars; however, this satisfaction is not required to be recorded in a particular manner or reduced to writing.

139

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2009 to 2025.

Also referred to as

Union of India v. Dharamendra Textile Processors · Dharamendra Textile Processors · Section 271(1)(c) penalty · concealment of income · furnishing inaccurate particulars · AO satisfaction for penalty · recording satisfaction · conditions for penalty under Section 271(1)(c) · scope of Section 271(1)(c) · Section 274.

Also reported as

174 Taxmann 57295 ITR 2441

Issues it is cited on

Judgments citing Union of India v. Dharamendra Textile Processors

Shashikant Sukdeo Ambekar, 10, Sadgurunagar, Nasik 422007, Maharashtra, India vs. Income Tax Officer ITO Ward 2(1), Nashik/, Kendriya Rajaswa Bhavan, Gadkari Chowk, Agra Road

In the result, appeal of the assessee is dismissed

ITA 364/PUN/2023[2016-17]Status: DisposedITAT Pune21 Jul 2023AY 2016-17

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.364/Pun/2023 िनधा"रण वष" / Assessment Years : 2016-17 Shashikant Sukdeo Ambekar, The Income Tax Officer, 10, Sadgurunagar, Vs Ward-2(1), Nashik. Nashik – 422007. Pan: Aavpa 6177 F Appellant / Assessee Respondent / Revenue Assessee By Shri Suresh Gawali – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 03/05/2023 Date Of Pronouncement 21/07/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeal)National Faceless Appeal Centre, Delhi Dated 31.01.2023 Emanating From The Penalty Order Dated 17.01.2022 Under Section 271(1)(C) Of The Income Tax Act, 1961 For The A.Y.2016-17. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Learned Cit Is Not Justified In Raising Penalty U/S 271(1)(C) Of Rs.1,33,020/- On The Ground That The Assesses Has Furnish Inaccurate Particulars Of Income Without Appreciating That The Said Levy Of Penalty Was Riot Justified In Law. Shashikant Sukdeo Ambekar [A]

Section 147Section 148Section 271(1)(c)Section 80CSection 80DSection 80T

…ent proceedings and the AO is not required to record his satisfaction in a particular manner or reduce it into writing. The scope of Section 271(1)(c) has also been elaborately discussed by this Court in Union of India vs. Dharmendra Textile Processors (2008) 13 SCC 369 and CIT vs. Atul Mohan Bindal (2009) 9 SCC 589. 11. The principle laid down by this Court, in our view, has been correctly followed by the Revenue and we find no illegality in the department initiating penalty proceedings in the instant case. We, therefore, fully agree with the view of the High Court. Hence, the appeal lacks merit and is dismissed…

Satish Pandurang Pawar, Nashik vs. Income Tax Officer ITO Ward 2(1), Nashik/

In the result, appeal of the assessee is dismissed

ITA 363/PUN/2023[2016-17]Status: DisposedITAT Pune07 Jul 2023AY 2016-17

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.363/Pun/2023 िनधा"रण वष" / Assessment Year : 2016-17 Satish Pandurang Pawar, The Income Tax Officer, 602, Royal Orchid, Near Indian Vs Ward-2(1), Nashik. Oil Petrol Pump, Katraj Bypass, Ambegaon, Pune – 411046. Pan: Abfpp 1207 Q Appellant / Assessee Respondent / Revenue Assessee By Shri Yogesh Gawali – Ar Revenue By Shri M.G.Jasnani, Irs – Dr Joint Commissioner Of Income Tax Date Of Hearing 03/05/2023 Date Of Pronouncement 07/07/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeal)National Faceless Appeal Centre, Delhi Dated 27.02.2023 Emanating From The Penalty Order Dated 24.01.2022 Under Section 271(1)(C) Of The Income Tax Act, 1961 For The A.Y.2016-17. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Learned Cit Is Not Justified In Raising Penalty U/S 271(1)(C) Of Rs.2,36,100/- On The Ground That The Assesses Has Furnish Inaccurate Particulars Of Income Without Appreciating That Satish Pandurang Pawar [A]

Section 143(1)Section 148Section 271(1)(c)Section 274

…ent proceedings and the AO is not required to record his satisfaction in a particular manner or reduce it into writing. The scope of Section 271(1)(c) has also been elaborately discussed by this Court in Union of India vs. Dharmendra Textile Processors (2008) 13 SCC 369 and CIT vs. Atul Mohan Bindal (2009) 9 SCC 589. 11. The principle laid down by this Court, in our view, has been correctly followed by the Revenue and we find no illegality in the department initiating penalty proceedings in the instant case. We, therefore, fully agree with the view of the High Court. Hence, the appeal lacks merit and is dismissed…