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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)

Bappaditya Chakraborty, Kolkata vs. ACIT, Cir-24, Hooghly

In the result, both the appeals of the assessee is treated as allowed

ITA 899/KOL/2023[2013-14]Status: DisposedITAT Kolkata31 Jan 2024AY 2013-14

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. Nos.898&899/Kol/2023 Assessment Year: 2013-14 Bappaditya Chakraborty……..…..…......................…...……………....Appellant C/O Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Afupc4296H] Vs. Acit, Circle-24, Hooghly………………............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Appellant. Shri Amuldeep Kaur, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 24, 2024 Date Of Pronouncing The Order : January 31, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Are The Two Appeals Preferred By The Assessee, One Is Pertaining To The Quantum Addition & The Other Is Deleting To The Levying Of Penalty U/S 271(1)(C) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Both The Appeals Of The Assessee Are Time-Barred By 1395 Days. As Per The Affidavit Of The Assessee Namely Shri Bappaditya Chakrabotry, It Has Been Deposed That The Appeal Orders Of The Cit(A) Were Received By The Assessee On 03.09.2019 & Thereafter The Assessee Approached His Advocate, Keshab Lal Mukherjee, For The

Section 271(1)(c)

आयकर अपील"य अ"धकरण, कोलकाता पीठ ‘सी’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH KOLKATA "ी संजय गग

Bappaditya Chakraborty, Kolkata vs. ACIT, Cir-24, Hooghly

In the result, both the appeals of the assessee is treated as allowed

ITA 898/KOL/2023[2013-14]Status: DisposedITAT Kolkata31 Jan 2024AY 2013-14

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. Nos.898&899/Kol/2023 Assessment Year: 2013-14 Bappaditya Chakraborty……..…..…......................…...……………....Appellant C/O Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata – 700069. [Pan: Afupc4296H] Vs. Acit, Circle-24, Hooghly………………............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Appellant. Shri Amuldeep Kaur, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 24, 2024 Date Of Pronouncing The Order : January 31, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Are The Two Appeals Preferred By The Assessee, One Is Pertaining To The Quantum Addition & The Other Is Deleting To The Levying Of Penalty U/S 271(1)(C) Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Both The Appeals Of The Assessee Are Time-Barred By 1395 Days. As Per The Affidavit Of The Assessee Namely Shri Bappaditya Chakrabotry, It Has Been Deposed That The Appeal Orders Of The Cit(A) Were Received By The Assessee On 03.09.2019 & Thereafter The Assessee Approached His Advocate, Keshab Lal Mukherjee, For The

Section 271(1)(c)

आयकर अपील"य अ"धकरण, कोलकाता पीठ ‘सी’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH KOLKATA "ी संजय गग

Himanshu Chimanlal Engineer, Mumbai vs. Assistant Commissioner of Income Tax, 19 (2), Mumbai

In the result, the appeals of the assessee are allowed

ITA 3209/MUM/2023[2007-08]Status: DisposedITAT Mumbai30 Jan 2024AY 2007-08

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.3209/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2007-08) & आयकर अपील सं/ I.T.A. No.3208/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2009-10) Himanshu Chimanlal बिधम/ Assistant Commissioner Engineer Income Tax, 19 (2) Vs. 33 – Chamunda Niwas, B- Piramal Chambers, Wing, 3Rd Floor, Tagore Parel, Mumbai-400012. Road, Santa Cruz (West), Mumbai-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaape0548H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Anant N Pai Revenue By: Shri. P D Chougle (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 16/01/2024 घोषणा की तारीख /Date Of Pronouncement: 30/01/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-34, Mumbai/National Faceless Appeal Center, Delhi (Nfac) [Hereinafter Referred As “Ld. Cit(A)”] Dated 14.07.2023 For The Assessment Year (Ay) 2007-08 & Ay 2009-10. 2. Both Sides Agree That These Appeals Are Penalty Appeals; & Facts As Well As The Penalty Levied Are Similar/Identical In Both Appeals. Therefore, Appeal For The Ay 2007-08 Is Taken As The Lead Case & The Result Of Which Will Be Followed Mutatis Mutandis For The Appeal For Ay 2009-10. A.Y. 2007-08, 2009-10 Himanshu Chimanlal Engineer, Mumbai 3. Coming To Appeal For Ay 2007-08, The Ld. Ar Of The Assessee Shri Anant N Pai Pointed Out That The Ao Had Levied An Amount Of Rs.5,00,000/- U/S 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter “The Act”) By Penalty Order Dated 31.03.2014 For Ay. 2007-08 (And Rs. 10,00,000/- For Ay 2009-10). Further According To Him, The Ld. Cit(A) Has Confirmed The Impugned Penalty Levied By The Ao. Before Us The Assessee Has Raised An Addition Ground Of Appeal Wherein Assessee Has Raised The Legal Issue Which Is Reproduced As Under:-

For Appellant: Shri Anant N PaiFor Respondent: Shri. P D Chougle (Sr. AR)
Section 271(1)(c)Section 274

Tribunal has allowed the appeal filed by the assessee holding the notice issued by the Assessing Officer under section 274 read with Section 271(1)(c) of the Income Tax Act, 1961 (for short ‘the Act’), to be bad in law as it did not specify which limb of Section