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“penalty proceedings initiated”

PenaltySection 271Section 271556 judgments

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

Leading authorities on penalty proceedings initiated

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. Virgo Marketing (P) Ltd.
171 Taxmann 156 · 2008 · High Court
384
citing judgments

The assessment order must clearly specify the reason for initiating penalty proceedings under Section 271(1)(c) and explicitly state whether it is for concealment of income or furnishing inaccurate particulars. Failure to identify the specific limb under which penalty is initiated renders the penalty unsustainable.

MAK Data (P.) Ltd. v. CIT
38 Taxmann.com 448 · 2013 · Supreme Court
186
citing judgments

A voluntary disclosure of income does not automatically exempt an assessee from penalty proceedings under Section 271(1)(c). The Assessing Officer must satisfy himself about initiating penalty proceedings during the assessment, but is not required to record this satisfaction in a specific written manner.

P.V. Doshi v. CIT
113 ITR 22 · 1978 · High Court
179
citing judgments

The lack of jurisdiction to initiate reassessment proceedings under Section 147/148 cannot be waived and can be challenged at a later stage, even if not raised initially. An invalid reassessment due to such jurisdictional defects cannot sustain subsequent penalty proceedings.

Sundaram Finance Ltd. v. CIT
99 Taxmann.com 152 · 2018 · Supreme Court
121
citing judgments

The Supreme Court, by dismissing the Special Leave Petition, affirmed that a penalty notice issued under Section 274 read with Section 271(1)(c) of the Income-tax Act is invalid if the Assessing Officer fails to specify the exact limb (furnishing inaccurate particulars of income or concealment of income) under which the penalty is initiated. This failure to frame a specific charge vitiates the penalty proceedings.

CIT v. Jai Laxmi Rice Mills
379 ITR 521 · 2015 · Supreme Court
110
citing judgments

The assessing officer must record explicit satisfaction in the assessment order for initiating penalty proceedings under sections like 271D, 271E, 269SS, 269T, or 269ST; a mere recommendation or information to another authority is insufficient to validate the penalty.

CIT v. Ram Commercial Enterprises Ltd.
246 ITR 568 · 2000 · High Court
103
citing judgments

The Assessing Officer must record clear satisfaction in the assessment order that the assessee concealed particulars of income or furnished inaccurate particulars, for initiating penalty proceedings under section 271(1)(c). Without such recorded satisfaction, the penalty proceedings lack jurisdiction and are unsustainable in law.

CIT v. NHK Japan Broadcasting Corporation
305 ITR 137 · 2008 · High Court
96
citing judgments

When no specific statutory period of limitation exists, proceedings under Section 201(1) and 201(1A) of the Income-tax Act, particularly for payments to non-residents, must be initiated within a reasonable period of four years. This limitation also applies to consequential penalty proceedings under Section 271C.

Judgments citing penalty proceedings initiated

The Assistant Commissioner of Income Tax, Circle-2(1), Vijayawada vs. Sri Sai Engineering and Drilling, Vijayawada

In the result, Cross Objection filed by the assessee is allowed and the appeal of the Revenue is dismissed

ITA 63/VIZ/2025[2009-10]Status: DisposedITAT Visakhapatnam15 Sept 2025AY 2009-10

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. No.63/Viz/2025 (निर्धारण वर्ा / Assessment Year: 2009-10) Assistant Commissioner Of Vs. Sri Sai Engineering & Drilling, Income Tax, D. No. 54-18-26, B-3, Circle-2(1), Second Lane, Lic Colony, Vijayawada. Vijayawada. Pan:Abafs0788A (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) C.O. No. 06/Viz/2025 (In आयकर अपील सं./ I.T.A. No.63/Viz/2025) (निर्धारण वर्ा / Assessment Year: 2009-10) Sri Sai Engineering & Drilling, Vs. Assistant Commissioner Of D. No. 54-18-26, B-3, Second Income Tax, Lane, Lic Colony, Circle-2(1), Vijayawada. Vijayawada. Pan:Abafs0788A (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent)

For Appellant: Sri GVN Hari, AdvocateFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 143(3)Section 271(1)(c)

striking of one of the limbs renders the notice issued U/s. 271(1)(c) of the Act as invalid and consequently the penalty proceedings initiated against the invalid notice cannot be sustained and deserves to be quashed. Thus, the ground No.2 raised by the assessee in its Cross Objection

Maya Devi, Manoharpur, Chaibasa vs. ITO Ward 2(1), Jamshedpur

In the result, all the captioned appeals are allowed

ITA 298/RAN/2024[2017-18]Status: DisposedITAT Ranchi11 Sept 2025AY 2017-18

Bench: Shri Sonjoy Sarma, Jm & Shri Ratnesh Nandan Sahay, Am (Through Hybrid Mode) आयकर अपील सं./Ita No.296-298/Ran/2024 ("नधा"रण वष" / Assessment Year :2017-2018) Maya Devi, Vs. Ito-Ward-2(1), Nandpur, Jharkhand-833104 Jamshedpur "थायी लेखा सं./Pan No. :Bgwpd 1450 J (अपीलाथ" /Appellant) .. (""यथ" / Respondent) िनधा"रती की ओर से /Assessee By : Shri Sumit Mittal, Ar राज"व क" ओर से /Revenue By : Shri Khubchand T Pandya, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 03/09/2025 घोषणा क" तार"ख/Date Of Pronouncement : 11/09/2025 आदेश / O R D E R Per Sonjoy Sarma, Jm : These Three Appeals Filed By The Assessee Are Directed Against The Separate Orders Passed By The Ld. Commissioner Of Income Tax (Appeals), All Dated 14.05.2024 For The Assessment Year 2017-2018. 2. Ita No.296/Ran/2024 Is Relating To Assessment Made U/S.147 R.W.S.144 Of The Act. Ita No.297/Ran/2024 Is Relating To Penalty Order Passed In The Case Of The Assessee U/S.271Aac(1) Of The Act & Ita No.298/Ran/2024 Is Relating To The Penalty Order Passed U/S.270A Of The Act. 3. Since The Issues Involved In All These Appeals Are Common Except For Variations In Figures, Therefore, All The Three Appeals Are Heard Together & Disposed Of By This Consolidated Order For The Sake Of Convenience. First We

For Appellant: Shri Sumit Mittal, ARFor Respondent: Shri Khubchand T Pandya, Sr. DR
Section 147Section 270ASection 271ASection 56(2)(vii)Section 69

husband. Accordingly, the present addition made in the case of the assessee is hereby directed 5 ITA No.296-298/Ran/2024 to be deleted and consequential penalty proceedings initiated u/s.271AAC(1) and 270A of the Act having no legs to stand, are directed to be deleted and assessee is granted the consequential relief

Maya Devi, Manoharpur, Chaibasa vs. ITO Ward 2(1), Jamshedpur

In the result, all the captioned appeals are allowed

ITA 297/RAN/2024[2017-18]Status: DisposedITAT Ranchi11 Sept 2025AY 2017-18

Bench: Shri Sonjoy Sarma, Jm & Shri Ratnesh Nandan Sahay, Am (Through Hybrid Mode) आयकर अपील सं./Ita No.296-298/Ran/2024 ("नधा"रण वष" / Assessment Year :2017-2018) Maya Devi, Vs. Ito-Ward-2(1), Nandpur, Jharkhand-833104 Jamshedpur "थायी लेखा सं./Pan No. :Bgwpd 1450 J (अपीलाथ" /Appellant) .. (""यथ" / Respondent) िनधा"रती की ओर से /Assessee By : Shri Sumit Mittal, Ar राज"व क" ओर से /Revenue By : Shri Khubchand T Pandya, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 03/09/2025 घोषणा क" तार"ख/Date Of Pronouncement : 11/09/2025 आदेश / O R D E R Per Sonjoy Sarma, Jm : These Three Appeals Filed By The Assessee Are Directed Against The Separate Orders Passed By The Ld. Commissioner Of Income Tax (Appeals), All Dated 14.05.2024 For The Assessment Year 2017-2018. 2. Ita No.296/Ran/2024 Is Relating To Assessment Made U/S.147 R.W.S.144 Of The Act. Ita No.297/Ran/2024 Is Relating To Penalty Order Passed In The Case Of The Assessee U/S.271Aac(1) Of The Act & Ita No.298/Ran/2024 Is Relating To The Penalty Order Passed U/S.270A Of The Act. 3. Since The Issues Involved In All These Appeals Are Common Except For Variations In Figures, Therefore, All The Three Appeals Are Heard Together & Disposed Of By This Consolidated Order For The Sake Of Convenience. First We

For Appellant: Shri Sumit Mittal, ARFor Respondent: Shri Khubchand T Pandya, Sr. DR
Section 147Section 270ASection 271ASection 56(2)(vii)Section 69

husband. Accordingly, the present addition made in the case of the assessee is hereby directed 5 ITA No.296-298/Ran/2024 to be deleted and consequential penalty proceedings initiated u/s.271AAC(1) and 270A of the Act having no legs to stand, are directed to be deleted and assessee is granted the consequential relief

Maya Devi, Manoharpur, Chaibasa vs. ITO Ward 2(1), Jamshedpur

In the result, all the captioned appeals are allowed

ITA 296/RAN/2024[2017-18]Status: DisposedITAT Ranchi11 Sept 2025AY 2017-18

Bench: Shri Sonjoy Sarma, Jm & Shri Ratnesh Nandan Sahay, Am (Through Hybrid Mode) आयकर अपील सं./Ita No.296-298/Ran/2024 ("नधा"रण वष" / Assessment Year :2017-2018) Maya Devi, Vs. Ito-Ward-2(1), Nandpur, Jharkhand-833104 Jamshedpur "थायी लेखा सं./Pan No. :Bgwpd 1450 J (अपीलाथ" /Appellant) .. (""यथ" / Respondent) िनधा"रती की ओर से /Assessee By : Shri Sumit Mittal, Ar राज"व क" ओर से /Revenue By : Shri Khubchand T Pandya, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 03/09/2025 घोषणा क" तार"ख/Date Of Pronouncement : 11/09/2025 आदेश / O R D E R Per Sonjoy Sarma, Jm : These Three Appeals Filed By The Assessee Are Directed Against The Separate Orders Passed By The Ld. Commissioner Of Income Tax (Appeals), All Dated 14.05.2024 For The Assessment Year 2017-2018. 2. Ita No.296/Ran/2024 Is Relating To Assessment Made U/S.147 R.W.S.144 Of The Act. Ita No.297/Ran/2024 Is Relating To Penalty Order Passed In The Case Of The Assessee U/S.271Aac(1) Of The Act & Ita No.298/Ran/2024 Is Relating To The Penalty Order Passed U/S.270A Of The Act. 3. Since The Issues Involved In All These Appeals Are Common Except For Variations In Figures, Therefore, All The Three Appeals Are Heard Together & Disposed Of By This Consolidated Order For The Sake Of Convenience. First We

For Appellant: Shri Sumit Mittal, ARFor Respondent: Shri Khubchand T Pandya, Sr. DR
Section 147Section 270ASection 271ASection 56(2)(vii)Section 69

husband. Accordingly, the present addition made in the case of the assessee is hereby directed 5 ITA No.296-298/Ran/2024 to be deleted and consequential penalty proceedings initiated u/s.271AAC(1) and 270A of the Act having no legs to stand, are directed to be deleted and assessee is granted the consequential relief