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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)

Sh. Satpal Singh, Meerut vs. ITO, Meerut

The appeal of the assessee is dismissed

ITA 2761/DEL/2013[2007-08]Status: DisposedITAT Delhi29 Dec 2025AY 2007-08

Bench: Shri Yogesh Kumar U.S. & Shri Naveen Chandrash. Satpal Singh, Income Tax Officer, C/O Sh. P.K. Dublish, Ward-2 (3), Meerut. Advocate, 205/5, Vs. Thapar Nagar, Meerut. Pan-Bllps5466B (Appellant) (Respondent) Appellant By None Respondent By Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing 16.12.2025 Date Of Pronouncement 29.12.2025 Order Per Yogesh Kumar U.S., Jm: This Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals), Meerut [“Ld.Cit(A)”, For Short], Dated 16.12.2010 Pertaining To Assessment Year 2007-08. 2. Brief Facts Of The Case Are That The Assessment Order Came To Be Passed On 29.12.2009 U/S 1243(3) Of The Act By Making The Following Additions: I. Rs.1,49,761/- On Account Of Gross Profit On Suppressed Sales. Ii. Rs.1,16,750/- On Account Of Unexplained Capital. Iii. Rs.16,00,000/- On Account Of Unexplained Income. Iv. Rs.36,87,216/- Towards Unexplained Debtors. Satpal Singh Vs. Ito 3. Aggrieved By The Assessment Order Dated 29.12.2009, Assessee Preferred An Appeal Before The Ld. Cit(A). The Ld. Cit(A) Vide Order Dated 16.10.2010 Dismissed The Appeal Of The Assessee. As Against The Order Of The Ld. Cit(A) Dated 16.10.2010, Assessee Preferred The Present Appeal.

Section 124Section 133(6)Section 142(1)Section 143(3)

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’: NEW DELHI BEFORE SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER AND SHRI