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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)

Invest Smart India Private Limited, Hyderabad vs. ITO, Ward-2(1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 331/HYD/2023[2013-14]Status: DisposedITAT Hyderabad22 Feb 2024AY 2013-14

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumarआ.अपी.सं /Ita No. 331/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2013-14) Invest Smart India (P) Ltd Vs. Income Tax Officer Hyderabad Ward 2(1) Pan:Aftpg1095F Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri N. Raja Kumar, Dr सुनवाई की तारीख/Date Of Hearing: 20/02/2024 घोषणा की तारीख/Pronouncement: 22/02/2024 Order Per R.K. Panda, Vice-This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.04.2023 Of The Learned Cit (A)-Nfac Delhi, Relating To A.Y.2013-14. 2. Although A Number Of Grounds Have Been Raised By The Assessee, However, These All Relate To The Order Of The Learned Cit (A) Nfac In Confirming The Penalty Of Rs.30,000/- Levied By The Assessing Officer U/S 271(1)(B) Of The I.T. Act. 3. Facts Of The Case, In Brief, Are That The Assessee Is A Private Limited Company & Did Not File Its Return Of Income Nor

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri N. Raja Kumar, DR
Section 142(1)Section 144Section 148Section 271(1)(b)Section 274Section 68

before the Tribunal. 6. The learned Counsel for the assessee at the outset drew the attention of the Bench to the provisions of section 271(1)(b) r.w.s. 274 and submitted that since the penalty in the instant case has exceeded Rs.10,000/-, the Assessing Officer was duty bound

M/S. Shanker Fuels Pvt., Kolkata vs. ACIT, C.C-3(1), Kolkata.

In the result, appeal of the assessee is allowed

ITA 1317/KOL/2023[2015-16]Status: DisposedITAT Kolkata19 Feb 2024AY 2015-16

Bench: Dr. Manish Borad, Hon’Ble & Shri Anikesh Banerjee, Hon’Blei.T.A. No. 1317/Kol/2023 Assessment Year: 2015-16 M/S. Shanker Fuels Pvt. Ltd. Asst. Commissioner Of Income Tax, 301, Manglam Vs Central Circle -3(1), Kolkata 24, Hemant Basu Sarani Kolkata - 700001 [Pan: Aaecs1106J] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : None Revenue By : Shri Kiran Chatrapoty, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 31/01/2024 घोषणा क" तारीख /Date Of Pronouncement: 19/02/2024 आदेश/O R D E R Per Dr. Manish Borad: The Above Captioned Appeal Is Directed At The Instance Of The Revenue Against The Order Of The National Faceless Appeal Centre, (Hereinafter The “Ld. Cit(A)”) Dt. 15/09/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2015-16. 2. There Is A Minor Delay In Filing Of This Appeal. In The Larger Interest Of Justice, The Same Is Hereby Condoned & The Appeal Is Admitted For Adjudication On Merits. None Appeared On Behalf Of The Assessee Despite Issuance Of Notice Nor Is Any Application For Adjournment Placed Before Us. We, Therefore, Deem It Proper To Adjudicate The Appeal & Decide It On Merits Ex-Parte, Qua The Assessee, After Hearing The Ld. D/R. 3. We Have Heard The Ld. D/R & Perused The Material Placed Before Us. The Sole Grievance Of The Assessee Is Against The Finding Of The 2

For Appellant: NoneFor Respondent: Shri Kiran Chatrapoty, JCIT, Sr. D/R
Section 142(1)Section 144Section 153ASection 250Section 271(1)(b)

| आयकर अपीलीय अिधकरण "यायपीठ, कोलकाता | IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, KOLKATA BEFORE DR. MANISH BORAD, HON’BLE