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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)

Sunil Ramchandra Naware, Nashik vs. Income Tax Officer, Nashik

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

ITA 99/PUN/2024[2016-17]Status: DisposedITAT Pune20 May 2024AY 2016-17

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.99/Pun/2024 िनधा"रण वष" / Assessment Year: 2016-17 Sunil Ramchandra Naware, Vs. Ito, Nashik. Row House No.6, Amrut Pushpa, Ambad Link Road, Uttam Nagar- 422010. Pan : Aappn5706R Appellant Respondent Assessee By : None Revenue By : Shri Sourabh Nayak Date Of Hearing : 29.04.2024 Date Of Pronouncement : 20.05.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23.11.2022 Passed By Ld Cit(A)/Nfac, Delhi For The Assessment Year 2016-17. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Learned Cit Is Not Justified In Levying Penalty U/S 271(1)(C) Of Rs. 202118/- On The Ground That The Assessee Had Under Reported His Income By Rs. 4,34,830/- In Consequence Of Misreporting Without Appreciating That The Said Levy Of Penalty Was Not Justified In Law. 2. The Learned Cit Failed To Appreciate That Before The A.O., The Assessee Had Duly Explained That Under Reporting Of Income In His Case

For Appellant: NoneFor Respondent: Shri Sourabh Nayak
Section 139(5)Section 143(3)Section 147Section 148Section 271(1)(c)

year 2016-17. 2. The appellant has raised the following grounds of appeal :- “1. The learned CIT is not justified in levying penalty u/s 271(1)(c) of Rs. 202118/- on the ground that the assessee had under reported his income by Rs. 4,34,830/- in consequence of misreporting ... filed against Tax Consultant before Economic Wing of Police Department etc. were also furnished by the assessee and therefore, the levy of penalty u/s 271(1)(c) without rebutting the explanation offered by the assessee was not justified in view of provisions of the said Act. 3. The learned