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“Section 271(1)(b)”

Section References (mined)Section 271Section 271(1)(b)1,252 judgments

The decision most relied on for Section 271(1)(b) is Hindustan Steel Ltd. v. State of Orissa (83 ITR 26), cited in 502 judgments on BharatTax.

Leading authorities on Section 271(1)(b)

Hindustan Steel Ltd. v. State of Orissa
83 ITR 26 · 1972 · Supreme Court
502
citing judgments

An order imposing penalty for failure to carry out a statutory obligation results from quasi-criminal proceedings. Penalty is not ordinarily imposed unless the party acted deliberately in defiance of law, was guilty of contumacious or dishonest conduct, or acted in conscious disregard of their obligation.

CIT v. Hero Cycles (P.) Ltd.
228 ITR 463 · 1997 · Supreme Court
262
citing judgments

A point not examined on facts or in law cannot be treated as a mistake apparent on record for rectification purposes.

CIT v. K.G. Rukminiamma
331 ITR 211 · 2011 · High Court
104
citing judgments

For capital gains exemption under Sections 54 and 54F of the Income Tax Act (prior to the 2015 amendment), the expression "a residential house" includes multiple residential units and should not be construed in the singular, by applying Section 13 of the General Clauses Act.

Velu Palandar v. DCIT
83 ITR 683 · 1972 · High Court
94
citing judgments

The opportunity of hearing provided to an assessee must be real, effective, and realistic, not merely notional, and tax authorities are incumbent to decide cases on their merits after affording due opportunity.

Duggal & Co. v. CIT
220 ITR 456 · 1996 · High Court
84
citing judgments

An assessment order becomes erroneous and prejudicial to the revenue under Section 263 if the Assessing Officer fails to conduct a proper inquiry or investigation, even if the return appears prima facie correct. The Income-tax Officer has a duty to investigate and cannot remain passive.

Maria Fernandes Cheryl v. ITO
187 ITD 738 · 2021 · ITAT
58
citing judgments

The third proviso to Section 50C(1) of the Income-tax Act, 1961, which provides a tolerance band of 10% between the sale consideration and the stamp duty value, is retrospective. This curative and declaratory amendment applies from the date of the insertion of Section 50C.

Addl. CIT v. J.K. D'Costa
133 ITR 7 · 1982 · High Court
57
citing judgments

Debatable issues cannot be rectified under Section 154 of the Income-tax Act, as rectification is limited to mistakes apparent from the record.

Akhil Bhartiya Prathamik Shikshak Sangh Bhawan Trust v. ADIT
5 DTR 429 · High Court
50
citing judgments

To levy a penalty under section 271(1)(b), the Assessing Officer (AO) must record satisfaction in the assessment order. Mere initiation of penalty proceedings without such recorded satisfaction does not confer jurisdiction on the AO to levy the penalty.

Judgments citing Section 271(1)(b)

Cognizance Constructions Private Limited, Hyderabad vs. ITO., Ward-1(1), Hyderabad

In the result, appeal of the Assessee is allowed for

ITA 344/HYD/2025[2013-14]Status: DisposedITAT Hyderabad15 Oct 2025AY 2013-14

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं / Ita No.344/Hyd/2025 निर्धारण वर्ष/Assessment Year 2013-2014 | M/S. Cognizance | Constructions Private | Limited, Hyderabad. | Pin – 500 075. Telangana. | Pan Aadcc1366M | (Appellant) Vs. The Income Tax Officer, Ward-1(1), Hyderabad. Telangana. (Respondent) निर्धारिती द्वारा/Assessee By: Ca Srinivas Maddury राजस्व द्वारा / Revenue By:: Dr. Sachin Kumar, Sr. Ar सुनवाई की तारीख /Date Of Hearing: 13.10.2025 घोषणा की तारीख /Pronouncement: 15.10.2025 आदेश/Order Per Vijay Pal Rao: This Appeal By The Assessee Is Directed Against The Order Dated 17.12.2024 Of The Learned Cit(A)-National Faceless Appeal Centre [In Short “Nfac], Delhi, For The

For Appellant: CA Srinivas MadduryFor Respondent: : Dr. Sachin Kumar, Sr. AR
Section 139Section 142(1)Section 144Section 147Section 148Section 250Section 271(1)(b)Section 271(1)(c)Section 271ASection 271F

Ld.AO/NFAC erred in law and on facts of the case by initiation of penalty proceedings under Section 271A, Section 271(1)(c), section 271(1)(b) and section 271F of the Act. 12. Any other ground that may be urged at the time of hearing with the approval

Gunjan Rungta, Kushinagar vs. Income Tax Officer, Ward - 2(4), Kushinagar

In the result, the appeal of the assessee stands allowed for statistical purposes

ITA 50/VNS/2022[2012-2013]Status: DisposedITAT Varanasi10 Oct 2025AY 2012-2013

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2012-13 Gunjan Rungta V. The Income Tax Officer Onkar Vatika Colony Ward 2(4) Padrauna, Kushinagar (U.P) Kushinagar Tan/Pan:Agmpr5334G (Appellant) (Respondent) Appellant By: Shri Ashish Bansal, Advocate Respondent By: Smt Amandeep Kaur, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against Order Dated 15.06.2022, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2012-13. 2.0 The Brief Facts Of The Case Are That The Assessee Had Not Filed The Return Of Income For The Year Under Consideration. The Income Tax Department Was In Possession Of Information That During The Year Under Consideration The Assessee Had Purchased An Immovable Property For A Consideration Of Rs.30,50,000/-. To Examine This Transaction, The Case Of The Assessee Was Reopened Under Section 147 Of The Income Tax Act, 1961 (Hereinafter Called “The Act’) After Issuing Notice Under Section 148 Of The Act. However, There Was No Response From The Side Of The Assessee To The Notice Under Section 148 Of The Act. Thereafter, The

For Appellant: Shri Ashish Bansal, AdvocateFor Respondent: Smt Amandeep Kaur, D.R
Section 147Section 148Section 69

added to the total income of the assessee under section 69 of the Act. 2.1 The AO also initiated penalty proceedings under sections 271(1)(b) and 271(1)(c) of the Act, separately. 2.2 Aggrieved, the Assessee preferred an appeal before the NFAC and submitted before it that

Babu Singh, Gautam Buddha Nagar vs. Assessment Unit, Delhi

In the result, the appeal of the assessee is allowed

ITA 3440/DEL/2025[2015-16]Status: DisposedITAT Delhi30 Sept 2025AY 2015-16

Bench: Shri Sudhir Kumar & Shri Manish Agarwalbabu Singh, Assessment Unit, 138, Village-Mirzapur, Knp-W-(100) (6), P.O.-Dankaur, Vs. Income Tax Department Distt. Gautam Buddha Nagar, Uttar Pradesh 203201. Pan-Eakps8485M (Appellant) (Respondent) Assessee By Shri Udham Singh, Adv. Department By Shri Shyam Manohar Singh, Sr. Dr Date Of Hearing 25/09/2025 Date Of Pronouncement 30/09/2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Cit(A), In Short] Dated 10.03.2025 In Appeal No. Nfac/2014-15/10297028 Arising Out Of Order Passed U/S 271(1)(B) Of The Act, 1961 (Hereinafter Referred As ‘The Act’) Dated 20.09.2023 For Assessment Year 2015-16. 2. Brief Facts Of The Case Are That The Assessment Of The Assessee Was Completed Vide Order Dated 21.03.2023 Passed U/S 147/144 R.W.S 144B Of The Act Wherein The Penalty Proceedings U/S 271(1)(B) Were Initiated For Non-Compliance Of The Statutory Notices. Thereafter, The Ao Proceeded With Pending Penalty Proceedings U/S Babu Singh Vs. Assessment Unit 271(1)(B) & In Terms Of Order Dated 20.09.2023 Levied Penalty Of Rs.20,000/- For Non-Compliance Of The Statutory Notices Issued U/S 142(1) Of The Act On 17.01.2023 & 01.02.2023. 3. Against Such Order, An Appeal Was Preferred By The Assessee Before The Ld. Cit(A) Who Vide Impugned Order Dated 10.03.2023 Has Dismissed The Appeal Of The Assessee Therefore, The Assessee Is In Appeal Before The Tribunal.

Section 142(1)Section 147Section 250Section 271(1)(b)

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’: NEW DELHI BEFORE SHRI SUDHIR KUMAR, JUDICIAL MEMBER AND SHRI MANISH

Hirabai & Hormusji Jiwanivakil Model School Trust, Dahanu Road vs. The Income Tax Officer, Exemption Ward, Thane

In the result, appeal of the assessee is allowed for statistical purposes

ITA 4137/MUM/2025[2016-17]Status: DisposedITAT Mumbai24 Sept 2025AY 2016-17

Bench: Shri Pawan Singh & Smt. Renu Jauhriआयकर अपील सुं./Ita No.4137/Mum/2025 (धििाारण वर्ा / Assessment Year: 2016-2017) Hirabai & Hormusji V/S. Income Tax Officer, Jiwanivakil Model बिाम Exemption Ward, Thane School Trust Income Tax Officer, Near Chandra Takies, Exemption Ward, Thane Masoli, Dahanu Road, 400604 Palghar 401602 स्थायी लेखा सुं./जीआइआर सुं./Pan/Gir No: Aaath1536J Appellant/अपीलाथी .. Respondent/प्रधिवादी धििााररिी की ओर से /Assessee By: Shri Piyush Bafna, Ca (Virtually Appear) राजस्व की ओर से /Revenue By: Shri Ritesh Misra, Cit Dr स िवाई की िारीख / Date Of Hearing 25.08.2025 घोर्णा की िारीख/Date Of Pronouncement 24.09.2025 आदेश / O R D E R Per Renu Jauhri [A.M.] :- This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 23.04.2025 Passed U/S. 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “Act”] For Assessment Year 2016-2017. 2. The Assessee Has Raised The Following Grounds In This Appeal. “1. It Is Submitted That The Order Imposing Penalty Of Rs. 10,000/-Dated 28.06.2019 [Itba/Pnl/7271(1)(B)/2019-20/1016563977(1)] Is Bad In Law & Is Required To Be Held As Illegal As The Penalty Order Is Under The Signature Of Mr. Sanjay Kumar, Ito Exemption Ward, Thane. However, The Demand Notice Has Been Issued On 27.06.2019 By Mr. Prashant Singh, Ito Exemption Ward, Thane, I.E. One Day Prior To The Issue

For Appellant: Shri Piyush Bafna, CA (VirtuallyFor Respondent: Shri Ritesh Misra, CIT DR
Section 143(2)Section 144Section 156Section 250Section 271(1)(b)

आयकर अपीलीय न्यायाधिकरण न्यायपीठ, म ुंबई| IN THE INCOME-TAX APPELLATE TRIBUNAL “E” BENCH, MUMBAI BEFORE SHRI PAWAN SINGH, JUDICIAL