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“levy of penalty”

PenaltySection 271Section 2715,057 judgments

The decision most relied on for levy of penalty is CIT v. Manjunatha Cotton & Ginning Factory (359 ITR 565), cited in 2,590 judgments on BharatTax.

Leading authorities on levy of penalty

CIT v. Manjunatha Cotton & Ginning Factory
359 ITR 565 · 2013 · High Court
2,590
citing judgments

A penalty notice issued under section 274 read with section 271(1)(c) is invalid if it fails to specify whether the penalty proceedings are initiated for concealment of income or for furnishing inaccurate particulars of income. This non-specification vitiates the penalty proceedings.

CIT v. Reliance Petroproducts Pvt. Ltd.
322 ITR 158 · 2010 · Supreme Court
2,228
citing judgments

Penalty under Section 271(1)(c) for furnishing inaccurate particulars or concealment of income is not automatically leviable if the assessee has made a full disclosure of all particulars and the addition or disallowance arises from a difference of opinion.

Ashok Pai v. CIT
292 ITR 11 · 2007 · Supreme Court
812
citing judgments

“Concealment of particulars of income” and “furnishing inaccurate particulars of income” are two distinct offences under Section 271(1)(c) of the Income Tax Act. A penalty cannot be levied under one limb if the show cause notice or basis for penalty specifies the other, as this constitutes a complete variance in the reasons for assuming jurisdiction.

Rashmikant Kundalia v. Union of India
54 Taxmann.com 200 · 2015 · High Court
702
citing judgments

Section 234E, levying late fees for delayed filing of TDS statements under section 200(3), is constitutionally valid and constitutes a compensatory fee, not a punitive penalty. Before treating any person as an assessee-in-default, an opportunity of being heard must be provided.

Dilip N. Shroff v. JCIT
291 ITR 519 · 2007 · Supreme Court
565
citing judgments

A penalty notice issued under Section 271(1)(c) is invalid if the Assessing Officer fails to strike out the inapplicable limb (concealment or furnishing inaccurate particulars) from the standard proforma, indicating non-application of mind. The initial burden of proving concealment or inaccurate particulars rests on the Revenue.

CIT v. Kaushalya
216 ITR 660 · 1995 · High Court
511
citing judgments

A penalty levied under Section 271(1)(c) for concealment or furnishing inaccurate particulars of income is not invalidated by the Assessing Officer's failure to strike off irrelevant portions in the show cause notice, provided the assessee understood the exact charge and suffered no prejudice, indicating an application of mind by the AO.

CIT v. Manu Engg
122 ITR 306 · 1980 · High Court
505
citing judgments

When levying a penalty under Section 271(1)(c), the Assessing Officer must clearly specify whether it is for concealment of income or furnishing inaccurate particulars. An ambiguous notice or order using "and/or" for these limbs, or a standard proforma without striking irrelevant clauses, indicates non-application of mind and renders the penalty unsustainable.

Hindustan Steel Ltd. v. State of Orissa
83 ITR 26 · 1972 · Supreme Court
502
citing judgments

An order imposing penalty for failure to carry out a statutory obligation results from quasi-criminal proceedings. Penalty is not ordinarily imposed unless the party acted deliberately in defiance of law, was guilty of contumacious or dishonest conduct, or acted in conscious disregard of their obligation.

Judgments citing levy of penalty

Sujith Surampudi, Ghatkesar vs. Income Tax Officer, Ward-1, Mancherial

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

ITA 1630/HYD/2025[2022-23]Status: DisposedITAT Hyderabad07 Jan 2026AY 2022-23

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1630/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2022-23) Shri Sujith Surampudi Vs. Income Tax Officer Ghatkesar Ward 1 Pan:Cwcps7355A Mancherial (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: C.A Swathi Sheela राज" व "ारा/Revenue By:: Smt. Helan Ruby Jesindha, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 23/12/2025 घोषणा की तारीख/Pronouncement: 07/01/2026 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Sujith Surampudi (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”) Dated 15.09.2025 For The A.Y 2022-23. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Order U/S250 Of The Act Dt. 15-09-2025 Passed By The Commissioner Of Income Tax(Appeals), Nfac, Delhi Is Page 1 Of 7

For Appellant: C.A Swathi SheelaFor Respondent: : Smt. Helan Ruby Jesindha, Sr. DR
Section 142(1)Section 144Section 144BSection 144rSection 250Section 272Section 272A(1)(d)

extent prejudicial to the interest of the appellant. 2. The Ld. CIT(A) ought to have considered that the levy of penalty u/s 272A(1)(d) of the act of Rs.20,000/- by the AO dt. 14.08.2024 is not sustainable as the appellant was prevented by sufficient cause ... issued by the Ld. AO. The Ld. AO, therefore, passed a penalty order under section 272A(1)(d) of the Act on 14.08.2024, levying a penalty of Rs.20,000/- at the rate of Rs.10,000/- per default for non- compliance with two notices. 4. Aggrieved by the penalty order

Surabi Educational and Charitable Trust, Dindigul vs. ACIT, Exemptions, Coimbatore

In the result, all the appeals of the assessee for AY 2018-19 and AY

ITA 2759/CHNY/2025[2018-19]Status: DisposedITAT Chennai07 Jan 2026AY 2018-19

Bench: Shri Ss Viswanethra Ravi & Ms. Padmavathy.Sआयकर अपील सं./Ita Nos.2759, 2760, 2761, 2762, 2763, 2764 & 2765/Chny/2025 निर्धारण वर्ष / Assessment Years: 2018-19 & 2020-21 Surabi Educational & Charitable Trust, S7/2 Prnp Complex, Kumaran Thiru Nagar, Silavathur Road, Dindigul – 624 005. Pan: Aafts 0804D (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By प्रत्यर्थी की ओर से /Respondent By सुनवाई की तारीख/Date Of Hearing घोषण की तारीख / Date Of Pronouncement Per Padmavathy.S, A.M: The Asst. Commissioner Of Income Vs. Tax (Exemptions), Coimbatore. (प्रत्यर्थी/Respondent) Mr. Richard Joseph, Advocate Ms. Latchana, Jcit 16.12.2025 07.01.2026 आदेश / Order These Appeals By The Assessee Are Against The Separate Orders Of The Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi, (In Short "Cit(A)") Passed U/S. 250 Of The Income Tax Act, 1961 (In Short "The Act") For Assessment Years (Ay) 2018-19 & 2020-21. The Order Of The Cit(A) Is Emanating From The Order Of The A.O Passed U/S. 143(3) & The Penalty Orders U/S. 270A, 271Aac(1), 272A(1)(D) & 272A(1)(C) Of The Act. For The Purpose Of Adjudication, We Will First Consider The Appeal Filed For A.Y 2018-19.

Section 143(3)Section 250Section 270A

dismissed the appeal confirming the disallowances made by the A.Ο. The CIT(A) also confirmed the levy of penalty by the A.O u/s. 270A of the Act for the same reason that the assessee did not furnish any details. 3. We have heard the both the parities, perused

Income Tax Officer, Ranchi, Jharkhand vs. Amba Carbonisation Pvt. Ltd., Ranchi, Jharkhand

In the result, the appeal of the revenue is dismissed

ITA 61/RAN/2024[2013-14]Status: DisposedITAT Ranchi06 Jan 2026AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.61/Ran/2024 Assessment Year: 2013-14 Ito, Ranchi………..…………….…….…...................................……….……Appellant Vs. Amba Carbonisation Pvt. Ltd ……....….…..….........……........……...…..…..Respondent 21, Ashok Bhawan, Kali Asthan Road, Ranchi, Jharkhand. [Pan: Aadca7460J] Appearances By: Shri Kanhaiya Lal Kanak, Cit, Appeared On Behalf Of The Appellant. Shri Devesh Poddar, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 18, 2025 Date Of Pronouncing The Order : January 06, 2026 Order Per Sonjoy Sarma: This Appeal Filed By The Revenue Is Directed Against The Order Of The Nfac, Delhi (Hereinafter Referred To As “Ld. Cit(A)”) Dated 15.01.2024 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. Brief Facts Of The Case Are That The Assessee Is A Company Incorporated Under The Provisions Of The Companies Act & Is Engaged In The Business Of Manufacturing & Trading Of Special Smokeless Coal/Coke. The Assessee Also Derives Income By Way Of Interest On Bank Deposits. As Per Information Available With The Income-Tax Department, It Was Noticed That The Assessee’S Bank Accounts Reflected Substantial Cash Deposits, Which Were Allegedly Withdrawn Immediately Through Rtgs/Neft Transactions. It Was Further Observed That There Existed A Difference Between The Turnover Disclosed By The Assessee In The Return Of Income & The Total Credits Appearing In The Bank Accounts. On The Basis Of The Above Information, The Assessing Officer (Ao) Initiated Reassessment Proceedings By Issuing A Notice Under Section 148 Of The

Section 139Section 142(1)Section 143(2)Section 143(3)Section 144BSection 147Section 148Section 250Section 270ASection 273B

adjournment. On account of alleged non- compliance, the AO also initiated penalty proceedings after issuing notice under section 273B of the Act, proposing levy of penalty under section 270A/270AA of the Act. The assessee raised objections against the reopening of the assessment proceedings vide objections dated 15.02.2022, which were duly

Anjaneya Ispat Limited, Jamshedpur vs. CIT(A), Jamshedpur

In the result the appeal of the assessee is allowed

ITA 191/RAN/2023[2008-2009]Status: DisposedITAT Ranchi06 Jan 2026AY 2008-2009

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.191/Ran/2023 Assessment Year: 2008-09 M/S Anjeneya Ispat Ltd.…………….…….…............................……….……Appellant 29, Rain Basera, Sanjay Nagar Colony, Adityapur, Saraikela, Jharkhand- 831013. [Pan: Aagca1031N] Vs. Cit(A), Jamshedpur.………….....…..…..….........……........……...…..…..Respondent Appearances By: Shri Devesh Poddar, Adv., Appeared On Behalf Of The Appellant. Shri Kanhaiya Lal Kanak, Cit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 18, 2025 Date Of Pronouncing The Order : January 06, 2026 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Cit(A), Jamshedpur (Hereinafter Referred To As “Cit(A)”) Dated 18.01.2019 Passed Under Section 271(1)(C) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. Brief Facts Of The Case Are That The Instant Appeal Has Been Filed By The Assessee Against The Order Dated 18.01.2019 Passed By The Cit(A) Under Section 271(1)(C) Read With Section 250 Of The Income-Tax Act, 1961, Whereby The Total Income Of The Assessee Was Determined At ₹37,00,000, As Against The Income Originally Assessed. Consequent To The Said Appellate Order, The Assessing Officer Initiated Penalty Proceedings & Passed An Order Dated 18.01.2019 Under Section 270A(1)(C) Of The Act, Imposing A Penalty Of ₹27,00,000, Being 200% Of The Tax Alleged To Be Evaded, On The Addition Of ₹37,00,000. I.T.A. No.191/Ran/2023 M/S Anjeneya Ispat Ltd

Section 250Section 270A(1)(c)Section 271(1)(c)

alleged to be evaded, on the addition of ₹37,00,000. I.T.A. No.191/Ran/2023 M/s Anjeneya Ispat Ltd 3. Aggrieved by the levy of penalty, the assessee is in appeal before the Tribunal. The learned counsel for the assessee submitted that the penalty imposed is purely consequential to the quantum addition

Sandip Ganpat Lokhande, Pune vs. Income Tax Officer Ward 13(2), Pune

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

ITA 2628/PUN/2025[2017-18]Status: DisposedITAT Pune05 Jan 2026AY 2017-18

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2628/Pun/2025 िनधा"रण वष" / Assessment Year : 2017-18 Sandip Ganpat Lokhande, Vs. Ito, Ward-13(2), Pune. A/P Annapur, Tal- Shirur, Shirur S.O., Pune- 412210. Pan : Akepl2437L Appellant Respondent Assessee By : Smt. Deepa Khare Revenue By : Shri Manish Sinha Date Of Hearing : 22.12.2025 Date Of Pronouncement : 05.01.2026 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 18.09.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Ld Cit(A) Erred In Law & On Facts In Dismissing Appeal By Not Condoning The Delay Without Appreciating The Facts & Circumstances Of The Case. 2. The Ld Cit(A) Erred In Law & On Facts In Confirming Levy Of Penalty U/S 270A At Rs 3,59,726/- Towards Alleged Misreporting Of Income. 3. The Appellant Craves Leave To Add, Alter, Modify Or Substitute Any Ground Of Appeal At The Time Of Hearing.”

For Appellant: Smt. Deepa KhareFor Respondent: Shri Manish Sinha
Section 143(3)Section 270A

delay without appreciating the facts and circumstances of the case. 2. The ld CIT(A) erred in law and on facts in confirming levy of penalty u/s 270A at Rs 3,59,726/- towards alleged misreporting of income. 3. The appellant craves leave to add, alter, modify or substitute