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“Section 271(1)(c)”

Section References (mined)Section 271Section 271(1)(c)8,984 judgments

The decision most relied on for Section 271(1)(c) is CIT v. Manjunatha Cotton & Ginning Factory (359 ITR 565), cited in 2,590 judgments on BharatTax.

Leading authorities on Section 271(1)(c)

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.

Godrej & Boyce Mfg. Co. Ltd. v. DCIT
328 ITR 81 · 2010 · High Court
1,183
citing judgments

Rule 8D, for computing disallowance under Section 14A for expenses related to exempt income, applies from Assessment Year 2008-09 onwards; for prior years, a reasonable disallowance must be made. The disallowance under Section 14A cannot exceed the actual exempt income earned.

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.

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.

CIT v. SSA’s Emerald Meadows
73 Taxmann.com 241 · 2016 · High Court
791
citing judgments

A penalty notice under section 271(1)(c) read with section 274 of the Income Tax Act is invalid if it fails to specify whether the penalty is for concealment of income or for furnishing incorrect particulars of income.

CIT v. Jet Airways (I) Ltd.
331 ITR 236 · 2011 · High Court
694
citing judgments

The Assessing Officer loses jurisdiction and the entire reassessment becomes invalid if no addition is made in respect of the income that formed the basis of the reopening. Explanation 3 to Section 147 does not permit assessing other escaped income unless an addition is made for the original income forming the reason to believe.

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.

Judgments citing Section 271(1)(c)

Uttamchand Hastimal Jain, Vijayapura vs. Income Tax Officer Ward 1and 2, Tps, Vijayapur

ITA 567/BANG/2024[2014-15]Status: DisposedITAT Bangalore25 Jun 2024AY 2014-15

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavuttamchand Hastimal Jain The Income Tax Officer Prop. Of Sumatinath Traders Ward - 1 & 2 (Tps) Kirana Bazar Vs. Aayakar Bhavan Vijayapura 586101 Near All India Raido Pan – Addpj2783P Athani Road, Vijayapura 586104 (Appellant) (Respondent) Assessee By: Shri Prasanna N. Urala, Advocate Revenue By: Ms. Neha Sahay, Jcit-Dr Date Of Hearing: 24.06.2024 Date Of Pronouncement: 25.06.2024 O R D E R Per: Prakash Chand Yadav, J.M. This Appeal Filed By The Assessee Challenges The Din & Order No. Itba/Nfac/S/2003-24/1061137028(1) Of The National Faceless Appeal Centre, Delhi (Cit(A)) Dated 19.02.2024 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) In Respect Of Assessment Year (Ay) 2014-05. 2. Facts Leading To The Filing Of Present Appeal Are, The Assessee Is An Individual Running A Kirana Shop In Vijayapura, Karnataka. For The Impugned Assessment Year He Has Filed His Return Of Income(Roi) Declaring An Income Of Rs 4,72,780/- On 31.10.2014. Thereafter, An Information, Revealing That Assessee Had Deposited An Amount Of Rs. 3,10,13,708/- In Its Bank Account With Shri Gurubasava Urban Credit Souharda Co-Op. Ltd, Surfaced With Department. Accordingly The Case Of The Assessee Was Reopened Under Section 2 Uttamchand Hastimal Jain 148 Of The Vide Notice Dated 31.03.2021. In Response To The 148 Notice The Assessee Filed A Revised Computation Of Income Declaring An Income Of Rs 21,68,535/-. While Concluding The Assessment The Ao Accepted The Revised Computation Without Any Demur. However, The Ao Simultaneously, Initiated Penalty Proceedings Under Section 271(1)(C) Of The Act Alleging That Assessee Has Concealed His Income. Afterwards, The Ao Vide Its Order Dated 26.09.2022, Levied Penalty U/S 271(1)(C) Of The Act.

For Appellant: Shri Prasanna N. Urala, AdvocateFor Respondent: Ms. Neha Sahay, JCIT-DR
Section 2Section 250Section 271(1)(c)

While concluding the assessment the AO accepted the revised computation without any demur. However, the AO simultaneously, initiated penalty proceedings under Section 271(1)(c) of the Act alleging that assessee has concealed his income. Afterwards, the AO vide its order dated 26.09.2022, levied penalty u/s 271(1)(c ... Aggrieved with the order of the AO the assessee filed appeal before the Ld CIT(A) and contended that no penalty under Section 271(1)(c) is leviable as the AO has ultimately accepted the revised computation filed by assessee. Counsel of the assessee further pointed out that the additional

Unitech Fabricators & Engineers Pvt. Ltd., Kolkata vs. ITO, Ward-6(1), Kolkata

In the result, the captioned appeals are treated as allowed for statistical purposes

ITA 73/KOL/2024[2013-14]Status: DisposedITAT Kolkata24 Jun 2024AY 2013-14

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. Nos.72&73/Kol/2024 Assessment Years: 2013-14 Unitech Fabricators & Engineers Pvt. Ltd................…...……………....Appellant C/O Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan:Aaacu5211A] Vs. Ito, Ward-6(1), Kolkata…….……………............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri B. K. Singh, Jcit-Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : April 22, 2024 Date Of Pronouncing The Order : June 24 , 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Are The Two Appeals Filed By The Assessee Against The Separate Orders Dated 04.01.2024 & 05.01.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Has Been Preferred Assailing The Confirmation Of Quantum Additions Made By The Assessing Officer, Whereas, Ita No.73/Kol/2024 Is Against The Confirmation Of Penalty Levied By The Assessing Officer U/S 271(1)(C) Of The Act, Which Is Consequential To The Quantum Additions Contested By The Assessee In Appeal No.72/Ko/2024. We First Take Quantum Appeal In Ita No.72/Kol/2024. I.T.A. No.72&73/Kol/2024 Assessment Years: 2013-14 Unitech Fabricators & Engineers Pvt. Ltd

Section 143(3)Section 250Section 271(1)(c)

आयकर अपील"य अ"धकरण, कोलकाता पीठ ‘ए’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH KOLKATA Before Shri

Unitech Fabricators & Engineers Pvt. Ltd., Kolkata vs. ITO, Ward-6(1), Kolkata

In the result, the captioned appeals are treated as allowed for statistical purposes

ITA 72/KOL/2024[2013-14]Status: DisposedITAT Kolkata24 Jun 2024AY 2013-14

Bench: Shri Sanjay Garg & Shri Rakesh Mishrai.T.A. Nos.72&73/Kol/2024 Assessment Years: 2013-14 Unitech Fabricators & Engineers Pvt. Ltd................…...……………....Appellant C/O Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan:Aaacu5211A] Vs. Ito, Ward-6(1), Kolkata…….……………............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri B. K. Singh, Jcit-Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : April 22, 2024 Date Of Pronouncing The Order : June 24 , 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Are The Two Appeals Filed By The Assessee Against The Separate Orders Dated 04.01.2024 & 05.01.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Has Been Preferred Assailing The Confirmation Of Quantum Additions Made By The Assessing Officer, Whereas, Ita No.73/Kol/2024 Is Against The Confirmation Of Penalty Levied By The Assessing Officer U/S 271(1)(C) Of The Act, Which Is Consequential To The Quantum Additions Contested By The Assessee In Appeal No.72/Ko/2024. We First Take Quantum Appeal In Ita No.72/Kol/2024. I.T.A. No.72&73/Kol/2024 Assessment Years: 2013-14 Unitech Fabricators & Engineers Pvt. Ltd

Section 143(3)Section 250Section 271(1)(c)

आयकर अपील"य अ"धकरण, कोलकाता पीठ ‘ए’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH KOLKATA Before Shri