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“Section 274(2)”

Section References (mined)Section 274Section 274(2)66 judgments

The decision most relied on for Section 274(2) is CIT v. SSA’s Emerald Meadows (73 Taxmann.com 248), cited in 953 judgments on BharatTax.

Leading authorities on Section 274(2)

CIT v. SSA’s Emerald Meadows
73 Taxmann.com 248 · 2016 · Supreme Court
953
citing judgments

A notice issued under Section 274 read with Section 271(1)(c) is invalid if it fails to specify whether penalty proceedings are for concealment of particulars of income or furnishing inaccurate particulars of income. Such lack of specificity vitiates the penalty proceedings.

Mr. Mohd. Farhan A. Shaikh v. ACIT
434 ITR 1 · 2021 · High Court
672
citing judgments

A penalty notice issued under section 274 read with section 271(1)(c) is invalid if it fails to specify the exact charge by not striking off the irrelevant limb (concealment of income or furnishing inaccurate particulars of income). Such an omnibus or vague notice renders the penalty proceedings bad in law, and any penalty imposed on its basis is liable to be quashed.

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.

CIT v. Zoom Communication (P) Ltd.
327 ITR 510 · 2010 · High Court
330
citing judgments

Penalty under section 271(1)(c) is not leviable for legally unsustainable claims if the assessee provides a substantiated, bona fide explanation without concealing facts or giving incorrect information. However, penalty is attracted if a claim is baseless, legally incorrect, and the explanation lacks bona fides.

Earthmoving Equipment Service Corporation v. DCIT 22(2), Mumbai
84 Taxmann.com 51 · 2017 · ITAT
263
citing judgments

A penalty levied under Section 271(1)(c) for concealment of income or furnishing inaccurate particulars cannot be deleted merely due to technical defects in the penalty notice, such as not ticking the specific default, if the assessee understood the charges.

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. Krishna SSK
211 Taxmann 109 · 2012 · Supreme Court
102
citing judgments

The Supreme Court in CIT v. Krishna SSK establishes principles for de novo assessment of co-operative sugar factories concerning the tax implications of sugar sales to members, acknowledging that such sales are regulated under Section 79(A) of the Maharashtra Co-operative Societies Act, 1960. These principles guide the computation of total income from these regulated transactions.

48 ITR 1 (SC) Gursahai Saigal v. CIT
27 ITR 20 · 1955 · Supreme Court
77
citing judgments

The strict rule of construction applies only to taxing provisions that create a charge for tax liability. It does not apply to machinery provisions that facilitate the assessment, collection, and recovery of tax.

Judgments citing Section 274(2)

Invest Smart India Private Limited, Hyderabad vs. ITO, Ward-2(1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 331/HYD/2023[2013-14]Status: DisposedITAT Hyderabad22 Feb 2024AY 2013-14

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumarआ.अपी.सं /Ita No. 331/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2013-14) Invest Smart India (P) Ltd Vs. Income Tax Officer Hyderabad Ward 2(1) Pan:Aftpg1095F Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri N. Raja Kumar, Dr सुनवाई की तारीख/Date Of Hearing: 20/02/2024 घोषणा की तारीख/Pronouncement: 22/02/2024 Order Per R.K. Panda, Vice-This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.04.2023 Of The Learned Cit (A)-Nfac Delhi, Relating To A.Y.2013-14. 2. Although A Number Of Grounds Have Been Raised By The Assessee, However, These All Relate To The Order Of The Learned Cit (A) Nfac In Confirming The Penalty Of Rs.30,000/- Levied By The Assessing Officer U/S 271(1)(B) Of The I.T. Act. 3. Facts Of The Case, In Brief, Are That The Assessee Is A Private Limited Company & Did Not File Its Return Of Income Nor

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri N. Raja Kumar, DR
Section 142(1)Section 144Section 148Section 271(1)(b)Section 274Section 68

prior approval of the Add. CIT/JCIT before levy of such penalty which is in excess of Rs.10,000/-. We find the provisions of section 274(2) which reads as under: Section 274(2) in The Income Tax Act, 1961 “(2)[ No order imposing a penalty under this Chapter shall ... JCIT/Addl.CIT before levy of penalty of Rs.30,000/- which is in excess of Rs.10,000/-, he has violated the provisions of section 274(2) of the I.T. Act. Under these circumstances, we are of the considered opinion that due to non- obtaining of prior approval of the JCIT/Add.CIT for levy