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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)

DCIT(It)-3(3)(2), Mumbai vs. Venu Raman Kumar, Mumbai

In the result, appeal by the Revenue is dismissed

ITA 3559/MUM/2019[2007-08]Status: DisposedITAT Mumbai09 Jun 2022AY 2007-08

Bench: Shri M Balaganesh & Shri Pavan Kumar Gadaledcit (It) – 3(3)(2) Vs. Shri Venu Raman 16Th Floor, Room No. Kumar, 1634, Air India Bldg, Flat No. 2, Hermes Nariman Point, House-Iii, Mumbai – 400020. Worli Sea Face, Mumbai – 400025. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abapk9122E Appellant .. Respondent Appellant By : Shri.Achal Sharma. Cit. Dr Respondent By : Shri.Vijay Mehta.Ar Date Of Hearing 01.06.2022 Date Of Pronouncement 13.06.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals) – 57, Mumbai Passed U/S 271(1)(C) & 250 Of The Income Tax Act, 1961. The Revenue Has Raised The Following Grounds Of Appeal.

For Appellant: Shri.Achal Sharma. CIT. DRFor Respondent: Shri.Vijay Mehta.AR
Section 114Section 271Section 271(1)(c)Section 5(2)

section, be deemed to represent the income in respect of which particulars have been concealed. Therefore, by operation of the explanation 1 to section 271 (1)(c), the onus squarely lies on the assessee and the findings given at the time of assessment are relevant and have much probative value ... explanation in the facts and circumstances of the case. The assessee's case therefore squarely falls within the ambit of the provisions of section 271 (1)(c) r/w explanation 1 thereto attracting penal action for the above. 12. Reliance is also placed on the recent Hon'ble Supreme Court judgment

Blues Innovations India P. Ltd, Mumbai vs. ITO-12(1)(3), Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 1331/MUM/2021[2014-15]Status: DisposedITAT Mumbai07 Jun 2022AY 2014-15

Bench: Shri Pavan Kumar Gadale & Shri Gagan Goyalblues It Innovations Vs. Ito – 12(1)(3) India Pvt Ltd., Ab 145A, Aayakar B-101, Bhumi Enclave, Bhavan, Mahaveer Nagar, Mumbai -400020. Kandivali (W) Mumbai – 400067. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccb4562D Appellant .. Respondent Appellant By : None Respondent By : Shri Pramod Nikalje.Dr Date Of Hearing 15.06.2022 Date Of Pronouncement 20.06.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of Cit(A)- National Faceless Appeal Centre(Nfac) Delhi Passed U/S 271(1)(C) & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: NoneFor Respondent: Shri Pramod Nikalje.DR
Section 142(1)Section 143Section 143(2)Section 143(3)Section 271(1)Section 271(1)(c)

assessee has raised the following grounds of appeal: 1. The Ld.CIT(A) erred in confirming the penalty levied of Rs.4,01,919/- under section 271(1)(c) of the Income Tax Act 1961. Blues IT Innovation India Pvt Ltd, Mumbai 2.The appellant craves leave to add further grounds ... levied. The disallowance of purchases on ad- hoc/estimated basis does not tantamount to furnishing inaccurate particulars of income under the provisions of Section 271(1) (c) of the Act. The A.O. has not doubted the sales and made disallowance of bogus purchases and we rely on the ratio

Shri Pravin Champalal Bokadia, Mumbai vs. ITO WD-19(2) (5), Mumbai

ITA 7/MUM/2022[2011-12]Status: DisposedITAT Mumbai02 Jun 2022AY 2011-12

Bench: Shri Vikas Awasthy & Shri Amarjit Singh आअसं.07/मुं/2022 ("न.व. 2011-12) Shri Pravin Champalal Bokadia, 77, Dr. Mahimtura Marg, 3Rd Kumbharwada, Near Cp Tank, Mumbai -400 004. Pan: Aaqpb-4778-E ...... अपीलाथ" /Appellant बनाम Vs. Ito,Ward 19(2)(5), Room No.210, 2Nd Floor, Matru Mandir, Tardeo Road, Grant Road(W) Mumbai 400 007. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Rajiv Khandelwal ""तवाद" "वारा/Respondent By : Shri R.A.Dhyani सुनवाई क" "त"थ/ Date Of Hearing : 02/06/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 02/06/2022 आदेश/ Order Per Vikas Awasthy, Jm:

For Appellant: Shri Rajiv KhandelwalFor Respondent: Shri R.A.Dhyani
Section 271Section 271(1)(c)Section 274

23/02/2016 issued u/s. 274 r.w.s. 271 of the Act is defective as the notice is not specific as to on which limb of section 271(1)(c) of the Act penalty is being levied. The said notice has been issued in pre-printed Performa. The irrelevant section of the notice ... penalty proceedings are being initiated separately. However, nowhere in the assessment order the Assessing Officer has mentioned as to on which limb of section 271(1)(c) of the Act penalty proceedings are being initiated. Even the satisfaction recorded by the Assessing Officer in the assessment order is vague

Essilor India Private Limited, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-2(1)(1), Bangalore

In the result, the appeal filed by the assessee stands allowed

ITA 219/BANG/2021[2016-17]Status: DisposedITAT Bangalore31 May 2022AY 2016-17

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 219/Bang/2021 Assessment Year : 2016-17 M/S. Essilor India Pvt. Ltd., 10Th Floor, Prestige Trade The Deputy Tower, Commissioner Of 46, Palace Road, High Income Tax, Grounds Sampangi Rama Circle-2 (1)(1), Nagar, Vs. Bangalore. Bangalore – 560 001. Pan: Aaace4623J Appellant Respondent Assessee By : Shri Chavali Narayan, Ca : Dr. Manjunath Karkihalli, Revenue By Cit Dr Date Of Hearing : 30-03-2022 Date Of Pronouncement : 31-05-2022 Order Per Beena Pillaipresent Appeal Is Filed By The Assessee Against The Final Assessment Order Dated 30.03.2021 For Assessment Year 2016-17 Passed By The Ld.Acit, National E-Assessment Centre, Delhi On Following Grounds Of Appeal: “Based On The Facts & Circumstances Of The Case & In Law, Essilor India Private Limited (Hereinafter Referred To As "Eipl" Or The "Company" Or The "Appellant"), Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The Additional / Joint / Deputy / Assistant Commissioner Of Income Tax / Income Tax Officer

For Appellant: Shri Chavali Narayan, CA
Section 143(3)Section 144C(13)Section 144C(5)

IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL

M/S Tejas Networks Limited, Bangalore vs. Assistant Commissioner of Income Tax Central Circle-2(1), Bangalore

In the result, the appeals filed by the assessee are partly allowed

ITA 205/BANG/2018[2013-14]Status: DisposedITAT Bangalore31 May 2022AY 2013-14

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.764/Bang/2017 : Asst.Year 2012-2013 It(Tp)A No.205/Bang/2018 : Asst.Year 2013-2014 M/S.Tejas Networks Limited The Assistant Commissioner Plot No.25, Jp Software Park Of Income-Tax, Circle – 1, Ltu V. Bangalore. Electronic City Phase-I Hosur Road, Bangalore – 560 100. Pan : Aabct1670M. (Appellant) (Respondent) Appellant By : Sri.S.Annamalai, Advocate Respondent By : Sri.Sumer Singh Meena, Cit-Dr Date Of Pronouncement : 31.05.2022 Date Of Hearing : 19.05.2022 O R D E R Per George George K, Jm : These Appeals At The Instance Of The Assessee Are Directed Against Final Assessment Orders Dated 31.01.2017 & 23.11.2017, Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Years Are 2012-2013 & 2013- 2014. We Shall First Adjudicate It(Tp)A No.764/Bang/2017 Pertaining To The Assessment Year 2012-2013. It(Tp)A No.764/Bang/2017 (Asst.Year 2012-2013) 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Engaged In The Business Of Design, Development, Manufacture Of Telecommunication Equipments. For The Assessment Year 2012-2013, The Return

For Appellant: Sri.S.Annamalai, AdvocateFor Respondent: Sri.Sumer Singh Meena, CIT-DR
Section 143(2)Section 143(3)Section 92BSection 92C

Nos.764 /Bang/2017 & Or. M/s.Tejas Networks Limited. 15. Initiation of Penalty Proceedings The learned AO has erred in initiating proceedings under section 271(1)(c) of the Act without having regard to the fact that the appellant has fully disclosed all the facts in the return of income and that ... method of accounting regularly employed by the assessee. 5. Initiation of Penalty Proceedings 5.1. The learned AO has erred in initiating proceedings under section 271(1)(c) of the Act without having regard to the fact that the appellant has fully disclosed all the facts in the return of income

M/S Tejas Networks Limited, Bangalore vs. Assistant Commissioner of Income Tax Circle-1 Ltu, Bangalore

In the result, the appeals filed by the assessee are partly allowed

ITA 764/BANG/2017[2012-13]Status: DisposedITAT Bangalore31 May 2022AY 2012-13

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.764/Bang/2017 : Asst.Year 2012-2013 It(Tp)A No.205/Bang/2018 : Asst.Year 2013-2014 M/S.Tejas Networks Limited The Assistant Commissioner Plot No.25, Jp Software Park Of Income-Tax, Circle – 1, Ltu V. Bangalore. Electronic City Phase-I Hosur Road, Bangalore – 560 100. Pan : Aabct1670M. (Appellant) (Respondent) Appellant By : Sri.S.Annamalai, Advocate Respondent By : Sri.Sumer Singh Meena, Cit-Dr Date Of Pronouncement : 31.05.2022 Date Of Hearing : 19.05.2022 O R D E R Per George George K, Jm : These Appeals At The Instance Of The Assessee Are Directed Against Final Assessment Orders Dated 31.01.2017 & 23.11.2017, Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Years Are 2012-2013 & 2013- 2014. We Shall First Adjudicate It(Tp)A No.764/Bang/2017 Pertaining To The Assessment Year 2012-2013. It(Tp)A No.764/Bang/2017 (Asst.Year 2012-2013) 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Engaged In The Business Of Design, Development, Manufacture Of Telecommunication Equipments. For The Assessment Year 2012-2013, The Return

For Appellant: Sri.S.Annamalai, AdvocateFor Respondent: Sri.Sumer Singh Meena, CIT-DR
Section 143(2)Section 143(3)Section 92BSection 92C

Nos.764 /Bang/2017 & Or. M/s.Tejas Networks Limited. 15. Initiation of Penalty Proceedings The learned AO has erred in initiating proceedings under section 271(1)(c) of the Act without having regard to the fact that the appellant has fully disclosed all the facts in the return of income and that ... method of accounting regularly employed by the assessee. 5. Initiation of Penalty Proceedings 5.1. The learned AO has erred in initiating proceedings under section 271(1)(c) of the Act without having regard to the fact that the appellant has fully disclosed all the facts in the return of income