← All Phrases

“concealment of income”

PenaltySection 271(1)(c)Section 271(1)(c)2,901 judgments

The decision most relied on for concealment of income is CIT v. Manjunatha Cotton & Ginning Factory (359 ITR 565), cited in 2,590 judgments on BharatTax.

Leading authorities on concealment of income

CIT v. Manjunatha Cotton & Ginning Factory
359 ITR 565 · 2013 · High Court
2,590
citing judgments

A penalty notice issued under section 274 read with section 271(1)(c) is invalid if it fails to specify whether the penalty proceedings are initiated for concealment of income or for furnishing inaccurate particulars of income. This non-specification vitiates the penalty proceedings.

CIT v. Reliance Petroproducts Pvt. Ltd.
322 ITR 158 · 2010 · Supreme Court
2,228
citing judgments

Penalty under Section 271(1)(c) for furnishing inaccurate particulars or concealment of income is not automatically leviable if the assessee has made a full disclosure of all particulars and the addition or disallowance arises from a difference of opinion.

CIT v. SSA’s Emerald Meadows
73 Taxmann.com 248 · 2016 · Supreme Court
953
citing judgments

A notice issued under Section 274 read with Section 271(1)(c) is invalid if it fails to specify whether penalty proceedings are for concealment of particulars of income or furnishing inaccurate particulars of income. Such lack of specificity vitiates the penalty proceedings.

Ashok Pai v. CIT
292 ITR 11 · 2007 · Supreme Court
812
citing judgments

“Concealment of particulars of income” and “furnishing inaccurate particulars of income” are two distinct offences under Section 271(1)(c) of the Income Tax Act. A penalty cannot be levied under one limb if the show cause notice or basis for penalty specifies the other, as this constitutes a complete variance in the reasons for assuming jurisdiction.

CIT v. SSA’s Emerald Meadows
73 Taxmann.com 241 · 2016 · High Court
791
citing judgments

A penalty notice under section 271(1)(c) read with section 274 of the Income Tax Act is invalid if it fails to specify whether the penalty is for concealment of income or for furnishing incorrect particulars of income.

Mr. Mohd. Farhan A. Shaikh v. ACIT
434 ITR 1 · 2021 · High Court
672
citing judgments

A penalty notice issued under section 274 read with section 271(1)(c) is invalid if it fails to specify the exact charge by not striking off the irrelevant limb (concealment of income or furnishing inaccurate particulars of income). Such an omnibus or vague notice renders the penalty proceedings bad in law, and any penalty imposed on its basis is liable to be quashed.

Dilip N. Shroff v. JCIT
291 ITR 519 · 2007 · Supreme Court
565
citing judgments

A penalty notice issued under Section 271(1)(c) is invalid if the Assessing Officer fails to strike out the inapplicable limb (concealment or furnishing inaccurate particulars) from the standard proforma, indicating non-application of mind. The initial burden of proving concealment or inaccurate particulars rests on the Revenue.

CIT v. Kaushalya
216 ITR 660 · 1995 · High Court
511
citing judgments

A penalty levied under Section 271(1)(c) for concealment or furnishing inaccurate particulars of income is not invalidated by the Assessing Officer's failure to strike off irrelevant portions in the show cause notice, provided the assessee understood the exact charge and suffered no prejudice, indicating an application of mind by the AO.

Judgments citing concealment of income

Shardul Singh, Jhunjhunu vs. Income Tax Officer Ward-1, Jhunjhunu, Income Tax Officer Jhunjhunu

In the result, the appeal of the assessee is allowed and the penalty levied is hereby dropped with no orders to cost

ITA 1061/JPR/2024[2016-17]Status: DisposedITAT Jaipur30 Sept 2024AY 2016-17

Bench: passing the order u/s 271 (1) (c) 4 The AO imposed penalty u/s 271 (1)(c) without any ESTABLISHING Submission of A. Inaccurate facts/Statements B. without Establishing CONCEALMENT OF INCOME as all mentioned by him was fetched by Submission of the Assessee and without doing any Act to take correct decision to impose penalty u/s 271 (1)(c) 5. The AO not considered the Submitted Decisions of relavant courts furnished by the Assessee in his favour.” 2.1 The brief facts of the case are that asse

For Appellant: Shri Sumer Singh Shekhawat, CAFor Respondent: Shri Gautam Singh Choudhary,JCIT-DR
Section 143Section 143(1)Section 147Section 271Section 271(1)Section 80D

imposed penalty u/s 271 (1)(c) without any ESTABLISHING Submission of A. Inaccurate facts/Statements B. without Establishing CONCEALMENT OF INCOME as all mentioned by him was fetched by Submission of the Assessee and without doing any Act to take correct decision to impose penalty ... revenue authorities, and further submitted that since the assessee had wrongly claimed deduction under section 80DD of the Act and thus concealed the income therefore, penalty in the present case was rightly imposed. It was further argued that assessee has not disclosed his interest income in the income tax return

Echo Entertainment Pvt. Ltd., Kolkata vs. ITO, Ward-1, Kolkata

In the result, the appeal of the assessee is allowed

ITA 1469/KOL/2023[2012-13]Status: DisposedITAT Kolkata26 Sept 2024AY 2012-13

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No. 1469/Kol/2023 Assessment Year: 2012-2013 Echo Entertainment Private Limited,…..……Appellant C/O. Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite-213, 2Nd Floor, Kolkata-700069 [Pan:Aadcc0535E] -Vs.- Income Tax Officer,…………………………….…Respondent Ward-1(4), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Siddharth Agarwal, A.R., Appeared On Behalf Of The Assessee Shri Abhijit Kundu, Cit, D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : August 09, 2024 Date Of Pronouncing The Order : September 26, 2024 O R D E R

Section 143(3)Section 250Section 271(1)(c)Section 274

cable rights. In this assessment, ld. Assessing Officer initiated the penalty proceedings under section 271(1)(c) of the Act for alleged concealment of income or furnishing inaccurate particulars of income. The assessee preferred an appeal before the ld. CIT(Appeals) against the addition made by the ld. Assessing Officer ... assessee is that initiation of penalty under section 271(1)(c) 2 Echo Entertainment Private Limited was improper as the assessee neither concealed its income nor furnished inaccurate particulars of income. It is argued that ld. Assessing Officer failed to specify the exact charge i.e. whether penalty was imposed