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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)

Kay Kay Synthetics, Mumbai vs. I.T.O. National Faceless Assessment Centre, Delhi, Not Known

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

ITA 3959/MUM/2024[ASSESSMENT YEAR 2011-12]Status: DisposedITAT Mumbai25 Sept 2024

Bench: Shri Pavan Kumar Gadale & Shri Girish Agrawalkay Kay Synthetics, Vs. I.T.O, Nfac, 201-202, Anna New Delhi. Apartments, 2Nd Floor, 14 Main Avenue, Santacruz (W), Mumbai-400054. Pan/Gir No. : Aaafk0934D Appellant .. Respondent Appellant By : Shri Vimal Punmiya.Ar Respondent By : Shri B.B. Nagawe, Sr. Dr Date Of Hearing 23.09.2024 Date Of Pronouncement 25.09.2024 आदेश / O R D E R Per Pavan Kumar Gadale, Jm: The Appeal Is Filed By The Assesse Against The Order Of National Faceless Appeal Centre(Nfac) Delhi / Cit(A), Passed U/Sec 271(1)(C) & U/Sec 250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri Vimal Punmiya.ARFor Respondent: Shri B.B. Nagawe, Sr. DR
Section 143(3)Section 271(1)(c)Section 274Section 275

rival submissions and perused the material on record. The sole crux of the disputed issue is with respect to levy of penalty u/s 271(1)(c) of the Act by the A.O based on the assessment order under section 143 r.w.s 147 of the Act. We find ... sales in the books of accounts. We are of the opinion, that where the addition is sustained on the estimated basis no penalty u/s 271(1)(c) of the Act can be levied. Accordingly, we considering the facts, circumstances Kay Kay Synthetics, Mumbai and the ratio of the judicial decisions

Ms Rajmal Lakhichand, Jalgaon vs. DCIT, Jalgaon

In the result, the appeal filed by the assessee stands allowed

ITA 1206/PUN/2023[2010-2011]Status: DisposedITAT Pune10 Sept 2024AY 2010-2011

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1206/Pun/2023 िनधा"रण वष" / Assessment Year: 2010-11 Ms. Rajmal Lakhichand, Vs. Dcit, Jalgaon. 169, Balaji Peth, Jalgaon- 425001. Pan : Aacfr8609L Appellant Respondent Assessee By : Shri Nikhil Pathak Revenue By Shri Sourabh Nayak : Date Of Hearing : 27.06.2024 Date Of Pronouncement : 10.09.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20.09.2023 Passed By Ld Cit(A)/Nfac For The Assessment Year 2010-11. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “The Grounds Of Appeal Stated Below Are Without Prejudice To Each Other. 1) That The Learned Cit(A) Erred In Confirming The Penalty Of Rs.62,95,800 U/S. 271(1)(C) Of The Act. On The Facts & In The Circumstances Of The Case, The Said Penalty Be Cancelled. 2) Gross Profit Addition

For Appellant: Shri Nikhil Pathak
Section 142Section 271(1)(c)Section 274Section 36(1)(iii)Section 40A(2)(a)

appreciated that penalty proceedings are independent of assessment proceedings and mere addition/disallowance even if confirmed in appeal would not necessarily justify the penalty u/s. 271(1)(c). 4.2 THAT the learned CIT(A) erred in placing reliance upon cases facts of which are distinguishable while ignoring the decisions relied upon ... with the penalty order, the appellant preferred an appeal before the ld. CIT(A)/NFAC, who vide impugned order 20.09.2023 confirmed the penalty u/s 271(1)(c) of the IT Act as imposed by the Assessing Officer. 5. Being aggrieved with the decision of the ld. CIT(A)/NFAC dated