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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)

Sumit Lalchand Pahuja, Kolhapur vs. The Income Tax Officer, Ward1(5), Kolhapur

In the result, the appeal of the assessee stands partly allowed for statistical purposes

ITA 273/PUN/2024[2015-16]Status: DisposedITAT Pune05 Sept 2024AY 2015-16

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.273/Pun/2024 िनधा"रण वष" / Assessment Year: 2015-16 Sumit Lalchand Pahuja, Vs. Ito, Ward-1(5), House No.2719, Gandhinagar, Kolhapur. Tal. Karveer, Dist. Kolhapur- 416119. Pan : Bohpp0806D Appellant Respondent Assessee By : None Revenue By : Shri Sourabh Nayak Date Of Hearing : 27.06.2024 Date Of Pronouncement : 05.09.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.12.2023 Passed By Ld Cit(A)/Nfac For The Assessment Year 2015-16. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case The Ld. Cit(A) Erred In Law & On Merit In Confirming Additions Of Rs.1,03,90,206/- When The Notice Issued U/S 148 Was Bad In Law. 2. On The Facts & In The Circumstances Of The Case The Ld. Cit(A) Erred In Law & On Merit In Confirming Additions Of Rs.1,03,90,206/- When Notice Issued U/S 148 Was Based On Erroneous Facts & Without Proper Application Of Mind By Assessing Officer As The Assessee Did Not Held Any Account With M/S Renuka Mata Multi State Urban Cooperative Credit Society Ltd.

For Appellant: NoneFor Respondent: Shri Sourabh Nayak
Section 132Section 147Section 148Section 250(6)Section 271(1)(c)Section 69A

facts and in the circumstances the Ld. CIT(A) erred in law and on merit in confirming levy of penalty u/s 271(1)(c). 5. The appellant craves for leave to amend, modify or add to any of the above grounds of appeal and / or take any additional ground

N R Constructions, Kakinada vs. Assistant Commissioner of Income Tax, Circle-1, Kakinada

In the result, appeal of the assessee is allowed

ITA 18/VIZ/2024[2012-13]Status: DisposedITAT Visakhapatnam05 Sept 2024AY 2012-13

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./I.T.A. No. 18/Viz/2024 (धििाधरणिरध/ Assessment Year: 2012-13) N R Constructions V. Acit – Circle – 1 Kakinada 2-59-7, Shanthi Nagar Kakinada – 533003 Andhra Pradesh [Pan : Aabfn7969A] (अपीलार्/ Appellant) (प्र्/ Respondent) यरद्त्य्पयतय्यिध/ Assessee Represented By : Ms. Keerthana, Ar र्जसय्पयतय्यिध/ Department Represented By : Dr. Aparna Villuri, Sr.Ar सु्व्ईसम्पहो्ेय्यतयि/ Date Of Conclusion Of Hearing : 12.08.2024 घोषण्य्त्र्ख/Date Of Pronouncement : 05.09.2024 आदेश/O R D E R Per Shri S Balakrishnan: 1. This Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals), Nfac, Delhi [Hereinafter In Short “Ld.Cit(A)”] Vide Din & Order No. Itba/Nfac/S/250/2023-

Section 143(1)Section 143(3)Section 271Section 271(1)(C)Section 271(1)(c)

particulars of income nor furnishing of inaccurate particulars of income. 6. The Ld. CIT(A) ought to have appreciated the fact that penalty u/s 271(1)(C) is not leviable in the matter of bonafide difference of opinion between the assessee and the department regarding allowability of the claim. Page ... assessee had claimed expenditure which claim was not accepted or was not acceptable to revenue, that by itself would not attract penalty u/s 271(1)(c)of the Act. 10. The Ld. CIT(A) erred in levying penalty u/s 271(I)(c) of the Act as penalty cannot be levied

Ram Awatar Dhoot, Kolkata vs. Ward 22(4) Kolkata, Kolkata

In the result, the appeal of the assessee stands allowed

ITA 91/KOL/2024[2015-16]Status: DisposedITAT Kolkata29 Aug 2024AY 2015-16

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.91/Kol/2024 Assessment Year: 2015-16 Ram Awatar Dhoot…...…………….....……………………....………....Appellant 29B, Rabindra Sarani Floor, Room No.10E, Kolkata-700073. [Pan: Adepd7419F] Vs. Ito, Ward-22(4), Kolkata…...................................................…..…..... Respondent Appearances By: Shri Ram Awatar Dhoot, Self, Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 27, 2024 Date Of Pronouncing The Order : August 29, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 26.12.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Agitated Against The Levy/Confirmation Of Penalty U/S 271(1)(C) Of The Act. 3. The Brief Facts Of The Case Are That The Assessee Had Claimed Long- Term Capital Gains On Account Of Sale Of Shares At Rs.14,94,407/-. During The Assessment Proceedings, The Assessee Produced Relevant Documents To Substantiate His Claim, However, The Assessing Officer Held That As Per The Report Received From The Investigation Wing, There

Section 250Section 271(1)(c)

Income Tax Act (hereinafter referred to as the ‘Act’). 2. The assessee in this appeal has agitated against the levy/confirmation of penalty u/s 271(1)(c) of the Act. 3. The brief facts of the case are that the assessee had claimed long- term capital gains on account of sale ... preponderance of probabilities, however, to attract the I.T.A. No.91/Kol/2024 Assessment Year: 2015-16 Ram Awatar Dhoot penal provisions of levy of penalty u/s 271(1)(c) of the Act, the stricter yardstick of culpability is required to be established. Considering the overall facts and circumstances of the case and also