“Section 274(2)(b)”
The decision most relied on for Section 274(2)(b) is Hindustan Steel Ltd. v. State of Orissa (83 ITR 26), cited in 502 judgments on BharatTax.
Leading authorities on Section 274(2)(b)
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.
The Gujarat High Court held that Form No. 10, for exercising the option under section 11(2) to accumulate income, can be submitted during assessment proceedings, including before the Income Tax Appellate Tribunal, which is a continuation of assessment proceedings. Such submission constitutes sufficient compliance for claiming exemption under section 11.
A notice issued under Section 274 of the Income Tax Act is invalid if it is not properly filled, with relevant columns indicated and irrelevant columns struck off, preventing the assessee from understanding the charges against them.