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“penalty u/s 271(1)(c)”

PenaltySection 271(1)(c)Section 271(1)(c)2,277 judgments

The decision most relied on for penalty u/s 271(1)(c) is CIT v. Atul Mohan Bindal (9 SCC 589), cited in 200 judgments on BharatTax.

Leading authorities on penalty u/s 271(1)(c)

CIT v. Atul Mohan Bindal
9 SCC 589 · 2009 · Supreme Court
200
citing judgments

The Supreme Court clarifies the scope of penalty under Section 271(1)(c), holding that for its applicability, conditions stated in the provision must strictly exist, and making an incorrect claim in law does not automatically amount to furnishing inaccurate particulars of income.

CIT v. Subhash Trading Co. Ltd.
221 ITR 110 · 1996 · High Court
146
citing judgments

Penalty under Section 271(1)(c) of the Income Tax Act cannot be levied when an addition to income is based purely on an estimate, without concrete evidence proving concealment of income or furnishing of inaccurate particulars.

Prasanna Dugar v. CIT
70 Taxmann.com 175 · 2016 · Supreme Court
49
citing judgments

Penalty under section 271(1)(c) can be levied even if the assessee voluntarily discloses income after detection by the department or subsequent to a search, especially when the explanation provided is not bona fide or cannot be substantiated.

Ganga Iron & Steel Trading Co. v. Commissioner of Income Tax
135 Taxmann.com 244 · 2022 · High Court
45
citing judgments

A notice imposing penalty under section 271(1)(c) of the Income Tax Act is invalid if it shows non-application of mind by the Assessing Officer regarding the specific grounds for levying the penalty.

CIT v. Dhillon Rice Mills
256 ITR 447 · 2002 · High Court
30
citing judgments

Penalty under section 271(1)(c) is not leviable when additions to income are made on the basis of estimation, rather than on concrete evidence of concealment. Deletion of such a penalty is upheld.

ACIT v. Gebilal Kanhaialal HUF
348 ITR 561 · 2012 · Supreme Court
28
citing judgments

Section 271AAA penalty deletion can be based on the Apex Court's decision in ACIT v. Gebilal Kanhaialal HUF (2012) 348 ITR 561, particularly when there was no specific question put to the assessee about the manner of earning undisclosed income.

CIT v. Norton Electronics Systems (P) Ltd.
41 Taxmann.com 280 · 2014 · High Court
27
citing judgments

Penalty under Section 271(1)(c) is not sustainable when the income addition is made on an estimated basis without clinching material suggesting concealment or inaccurate particulars.

New Holland Tractors (India) (P.) Ltd. v. CIT
49 Taxmann.com 573 · 2014 · High Court
24
citing judgments

The charge of concealment of income and furnishing of inaccurate particulars of income may overlap. A taxpayer's conduct can be considered bonafide even if their submissions were rejected in the quantum appeal.

Judgments citing penalty u/s 271(1)(c)

Shri Anantanath Alpasankhyatar Vividh Uddeshagal Souhard Sahakari Sangh Niy, Belagavi vs. Income Tax Officer, NFAC, Delhi

ITA 6/PAN/2025[2009-10]Status: DisposedITAT Panaji03 Jun 2025AY 2009-10

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 006/Pan/2025 Assessment Year : 2009-10 Shri Anantanath Alpasankhyatar Vivid Uddheshagal Souhardha Sahakari Sangh Niyamit [‘Saavusssn’] 1738, Anantnath Building, Jain Galli, Main Rd., Kannur Niyamit Kalloli, Kalloli, Belagavi. Pan : Aagts1962B . . . . . . . Appellant V/S Income Tax Office, Ward-1, Gokak, Belagavi. . . . . . . . Respondent Appearances Assessee By : Mr Sachin Nichal [‘Ld. Ar’] Revenue By : Mr Deshmukh Prakash [‘Ld. Dr’] Date Of Conclusive Hearing : 02/06/2025 Date Of Pronouncement : 03/06/2025 Order Per G. D. Padmahshali; This Appeal Is Filed Against Din & Order 1070608483(1) Dt. 25/11/2024 Passed By The National Faceless Appeal Centre, Delhi [‘Ld. Nfac’ Hereinafter] U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] Which In Turn Arisen Out Of Order Of Penalty Dt. 23/03/2022 Passed U/S 271(1)(C) Of The Act By The National Faceless Assessment Centre Delhi [‘Ld. Nfeac’ Hereinafter] Anent To Assessment Year 2009-10 [‘Ay’ Hereinafter].

For Appellant: Mr Sachin Nichal [‘Ld. AR’]For Respondent: Mr Deshmukh Prakash [‘Ld. DR’]
Section 143(3)Section 250Section 271(1)(c)Section 80PSection 80P(4)

upon which are forewarned to the parties present. 4. The only dispute and the strength upon which the Revenue imposed & sustained the penalty u/s 271(1)(c) of the Act revolves around ‘furnishing in accurate particulars of income’ in the return of income filed by the assessee. In view therefore ... appellant has de-facto ceased to be ‘furnishing of inaccurate particulars’ thus giving no-power or sanction to invoke & impose penalty u/s 271(1)(c) of the Act. For said reasons, we set-aside impugned order of Ld. NFAC and delete the impugned penalty in its entirety. The solitary ground

Mr Vikas Jayram Bhukan, Pune vs. ITO Ward 12(3), Pune

In the result, the appeal filed by the assesse is allowed

ITA 2483/PUN/2024[2012-13]Status: DisposedITAT Pune30 May 2025AY 2012-13

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2483/Pun/2024 िनधा"रण वष" / Assessment Year : 2012-13 Mr. Vikas Jayram Bhukan, Vs. Ito, Ward-12(3), Pune. Survey No.34, House No.80, Azad Chowk, Opposite Ramma, Lohegaon, Near Gram Panchayat, Pune- 411047. Pan : Alqpb0811K Appellant Respondent Assessee By : Shri Bhuvanesh Kankani Revenue By : Shri Kumar Manish Singha Date Of Hearing : 08.04.2025 Date Of Pronouncement : 30.05.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 03.09.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2012-13. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstance Prevailing In The Case & As Per Provisions & Scheme Of The Act It Be Held That The Notice For Levy Of Penalty Was Defective Since No Specific Charge Of Violation, Was Made Out In The Notice & Thus The Consequent Penalty So Levied Be Kindly Deleted.

For Appellant: Shri Bhuvanesh KankaniFor Respondent: Shri Kumar Manish Singha
Section 271(1)(c)Section 274

furnishing of inaccurate particulars and concealment of income. Subsequently, by an order dated 23.09.2015 the Assessing Officer imposed penalty u/s 271(1)(c) of the IT Act of Rs.13,44,580/-. 4. In first appeal, after considering the reply of the assessee, Ld. CIT(A)/NFAC dismissed the appeal filed ... adjudication of this appeal. In the response filed to the notices issued, the appellant has submitted that the notice for initiation of penalty u/s 271(1)(c) read with section 274 of the 1.T.Act, 1961 is ambiguous and vague because in the notice both furnishing of inaccurate particulars of income

Rupesh Mahendra Kankariya, Ahmednagar vs. ITO Ward 1, Ahmednahgar, Ahmednagar

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 465/PUN/2025[2013-14]Status: DisposedITAT Pune29 May 2025AY 2013-14

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.465/Pun/2025 िनधा"रण वष" / Assessment Year : 2013-14 Rupesh Mahendra Kankariya, Vs. Ito, Ward-1, Ahmednagar. B Namrata Marbles, Tilak Road, Ahmednagar- 414001. Pan : Arspk8493L Appellant Respondent Assessee By : Miss Kimaya Kudva Revenue By Shri Milind Debaje : Date Of Hearing 22.04.2025 : Date Of Pronouncement : 29.05.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.08.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2013-14. 2. The Assessee Has Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstances Of The Case & In Law, The Cit(A) Erred In; I. Concluding That The Appellant'S Request For Condonation Of Delay In Filing The Appeal Was Without Any Reasonable Cause, Rejecting The Application & Dismissing The Appeal In Limine. Ii. Dismissing The Appeal Ex-Parte Without Adjudicating The Ground Challenging Levy Of Penalty Of Appeal On Merits.

For Appellant: Miss Kimaya Kudva
Section 142(1)Section 144Section 147Section 148Section 271(1)(c)Section 274

electronically to attend on 20.04.2022, however the assessee again remained absent and therefore by an order dated 12.09.2022 the Assessing Officer imposed penalty u/s 271(1)(c) of the IT Act of Rs. 11,70,963/-. 4. After considering the reply of the assessee, Ld. CIT(A)/NFAC