← All Phrases

“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)

Mahesh Vishwanath Bhoir, Pune vs. Income Tax Officer, Pune

In the result, both the above captioned appeals of the assessee are allowed for statistical purposes

ITA 1814/PUN/2024[2011-2012]Status: DisposedITAT Pune10 Feb 2025AY 2011-2012

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1813 & 1814/Pun/2024 िनधा"रण वष" / Assessment Year : 2011-12 Mahesh Vishwanath Bhoir, Vs. Ito, Ward-9(1), Pune. 3Rd Floor, Bhoir Building, Keshav Nagar, Chinchwad, Pune- 410033. Pan : Aihpb9631K Appellant Respondent Assessee By : None Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 29.01.2025 Date Of Pronouncement : 10.02.2025 आदेश / Order Per Manish Borad, Am: These Appeals Filed At The Instance Of Assessee Are Directed Against The Separate Orders Of Ld. Cit(A)/Nfac Dated 10.07.2024 Which Are Arising Out Of The Assessment Order Framed On 29.01.2014 U/S 144 & Penalty Order Framed On 17.07.2024 U/S 271(1)(C) Of The Act For Assessment Year 2011-12 By The Ito, Ward-9(1), Pune Respectively.

For Appellant: NoneFor Respondent: Shri Ramnath P. Murkunde
Section 143(2)Section 144Section 250Section 271(1)(c)Section 274

Officer, assessee preferred appeal before Ld. CIT(A)/NFAC against the additions made by the Assessing Officer and also the levy of penalty u/s 271(1)(c) of the Act. The appeal was barred by limitation of 1285 days. Reason for the delay as stated in the affidavit placed ... assessee. We also notice that during the course of appellate proceedings against the quantum addition as well as against the levy of penalty u/s 271(1)(c) of the Act, the assessee has filed various details before Ld. CIT(A)/NFAC including the additional evidences to which remand report

Mahesh Vishwanath Bhoir, Pune vs. Income Tax Officer, Pune

In the result, both the above captioned appeals of the assessee are allowed for statistical purposes

ITA 1813/PUN/2024[2011-2012]Status: DisposedITAT Pune10 Feb 2025AY 2011-2012

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1813 & 1814/Pun/2024 िनधा"रण वष" / Assessment Year : 2011-12 Mahesh Vishwanath Bhoir, Vs. Ito, Ward-9(1), Pune. 3Rd Floor, Bhoir Building, Keshav Nagar, Chinchwad, Pune- 410033. Pan : Aihpb9631K Appellant Respondent Assessee By : None Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 29.01.2025 Date Of Pronouncement : 10.02.2025 आदेश / Order Per Manish Borad, Am: These Appeals Filed At The Instance Of Assessee Are Directed Against The Separate Orders Of Ld. Cit(A)/Nfac Dated 10.07.2024 Which Are Arising Out Of The Assessment Order Framed On 29.01.2014 U/S 144 & Penalty Order Framed On 17.07.2024 U/S 271(1)(C) Of The Act For Assessment Year 2011-12 By The Ito, Ward-9(1), Pune Respectively.

For Appellant: NoneFor Respondent: Shri Ramnath P. Murkunde
Section 143(2)Section 144Section 250Section 271(1)(c)Section 274

Officer, assessee preferred appeal before Ld. CIT(A)/NFAC against the additions made by the Assessing Officer and also the levy of penalty u/s 271(1)(c) of the Act. The appeal was barred by limitation of 1285 days. Reason for the delay as stated in the affidavit placed ... assessee. We also notice that during the course of appellate proceedings against the quantum addition as well as against the levy of penalty u/s 271(1)(c) of the Act, the assessee has filed various details before Ld. CIT(A)/NFAC including the additional evidences to which remand report

M/S Silver Oaks Township Ltd., Bathinda vs. DCIT-CC-III, Ludhiana

ITA 183/CHANDI/2021[2012-13]Status: DisposedITAT Chandigarh03 Feb 2025AY 2012-13

Bench: Shri Mahavir Singh & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 183/Chd/2021 "नधा"रण वष" / Assessment Year : 2012-13 M/S Silver Oaks Township Vs. The Dcit, Central Circle-Iii, Ltd., बनाम Ludhiana 163, Urban Estate, Phase Ii, Bhatinda 151001 "थायी लेखा सं./Pan No: Aajcs3445B अपीलाथ"/ Appellant ""यथ"/ Repsondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Sudhir Sehgal, Adv. राज"व क" ओर से/ Revenue By : Dr. Ranjit Kaur, Addl. Cit, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 02.01.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 03 .02.2025

For Appellant: Shri Sudhir Sehgal, AdvFor Respondent: Dr. Ranjit Kaur, Addl. CIT, Sr. DR
Section 271(1)(c)Section 40A(3)

Silver Oaks Township Ltd, Bhatinda 2 1. That the Ld. CI(A), Ludhiana has erred in confirming the levy of penalty u/s 271(1)(c) amounting to Rs.7,39,283/-, which have been imposed in contravention to the provisions of section 40A(3) of the Income Tax Act. 2. That ... made u/s 40A(3) have already been disclosed and the disallowance has been made on account of deeming provisions and, therefore, no penalty u/s 271(1)(c) could be imposed. 3. That the Appellant craves leave to add or amend the grounds of appeal before the appeal is finally heard

Shri Abhijit Uttamrao Deshmukh, Beed vs. ACIT, Circle-3, Aurangabad

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

ITA 1596/PUN/2024[2010-11]Status: DisposedITAT Pune31 Jan 2025AY 2010-11

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1596/Pun/2024 िनधा"रण वष" / Assessment Year : 2010-11 Shri Abhijit Uttamrao Vs. Acit, Circle-3, Deshmukh, Aurangabad. Vithal Niwas, Ganesh Par Road, Parli Vaijanath Beed, Beed- 431515. Pan : Agwpd1032B Appellant Respondent Assessee By : Shri Prateek Jha Revenue By : Shri Amol Khairnar Date Of Hearing : 29.01.2025 Date Of Pronouncement : 31.01.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 03.07.2024 Passed By Ld. Cit(A)/Nfac Confirming The Penalty U/S 271(1)(C) Of The It Act For The Assessment Year 2010-11. 2. Facts Of The Case, In Brief, Are, That The Assessee Is An Individual & An Ex-Parte Assessment Order Was Passed In His Case Wherein Income Of Rs.10 Crores Was Determined By The Assessing

For Appellant: Shri Prateek JhaFor Respondent: Shri Amol Khairnar
Section 271(1)(c)

This appeal filed by the assessee is directed against the order dated 03.07.2024 passed by Ld. CIT(A)/NFAC confirming the penalty u/s 271(1)(c) of the IT Act for the assessment year 2010-11. 2. Facts of the case, in brief, are, that the assessee is an individual ... case, it was requested by Ld. Counsel of the assessee that the penalty being consequential in nature, the order confirming the penalty u/s 271(1)(c) passed by Ld. CIT(A)/NFAC may also be set-aside and the matter may kindly be remitted back to the file

Smt. Dayawanti, New Delhi vs. DCIT, New Delhi

In the result, the appeal of the assessee is partly allowed

ITA 1639/DEL/2010[2006-07]Status: DisposedITAT Delhi31 Jan 2025AY 2006-07

Bench: Shri Yogesh Kumar Us & Shri Manish Agarwal[Assessment Year : 2012-13] Smt. Sangeeta Sawhney, Vs Acit, 6, Link Road, Jangpura Central Circle-7, Extension, New Delhi-110024 New Delhi Pan-Abjps6408A Appellant Respondent [Assessment Year : 2012-13] Smt. Sangeeta Sawhney, Vs Dcit, 6, Link Road, Jangpura Central Circle-7, Extension, New Delhi-110024 New Delhi Pan-Abjps6408A Appellant Respondent Appellant By Dr. Rakesh Gupta, Adv., Shri Somil Aggarwal, Adv. & Shri Deepesh Garg, Adv. Respondent By Shri Mahesh Kumar, Cit Dr Date Of Hearing 28.05.2025 Date Of Pronouncement 18.06.2025 Order Per Manish Agarwal, Am : The Captioned Appeals Have Been Filed By The Assessee Against The Order Dated 29.12.2016 & 30.12.2016 Passed By Ld. Commissioner Of Income Tax (A)-25, Delhi [“Ld.Cit(A)”] In Appeal No.14/15-16/21/16-17 & Appeal No.278/15-16/28/16-17 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Penalty Order Dated 21.09.2015 Passed U/S 271(1)(C) R.W.S 274 Of The Act Pertaining To Assessment Year 2012-13 Respectively.

Section 250Section 271(1)(c)

first appeal, Ld.CIT(A) has dismissed the appeal of the assessee and in the meantime, the AO proceeded to levy the penalty u/s 271(1)(c) of the Act in respect of the additions so made by holding that the assessee has concealed the particulars of income. The said order