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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)

ACIT 17(1), Mumbai vs. Vinodkuar Premchand Aggarwal, Mumbai

ITA 2481/MUM/2021[2011-12]Status: DisposedITAT Mumbai04 May 2022AY 2011-12

Bench: Shri Vikas Awasthy & Shri Amarjit Singhआअसं. 2481/मुं/2021("न.व.2011-12) Asst. Commissioner Of Income Tax – 7(1) Room No.117, 1St Floor, Kautilya Bhavan, Bandra Kurla Complex, Bandra(E), : अपीलाथ"/ Appellant Mumbai -400 051. बनाम/ Vs. Vinod Kumar Premchand Aggarwal, 3/1 Bradys Flats, Sorab Bharucha Road, Colaba, Mumbai 400 005 Pan: Acspa-0793-N : ""थ"/ Respondent Appellant By : Shri S.N.Kabra Respondent By : Shri Prakash Jhunjhunwala For Shri Tanzil Pdvekar सुनवाई की तारीख/ : 04/05/2022 Date Of Hearing घोषणा की तारीख / : 04/05/2022 Date Of Pronouncement आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax(Appeals), National Faceless Appeal Centre, Delhi [In Short 'The Cit(A)’] Dated 31/08/2021 For The Assessment Year 2010-11. 2 2. This Appeal Is Time Barred By 60 Days. Shri S.N.Kabra Representing The Department Submitted That The Delay In Filing Of The Appeal Was On Account Of Covid-19 Pandemic . The Limitation For Filing The Appeal Was Extended By The Hon'Ble Supreme Court Of India On Its Own Motion To Mitigate The Hardship Caused Due To Covid 19 Pandemic. The Limitation For Filing Of Appeals Under Various Laws Was Extended By General Order Reported As Cognizance For Extension Of Limitation 132 Taxmann.Com 123. In The Present Case The Impugned Order Was Passed On 31/08/2021. The Appeal Before The Tribunal Was Filed On 29/12/2021. The Appeal Has Been Filed Within Extended Period Of Limitation. Hence, No Delay In Filing Of The Appeal.

For Appellant: Shri S.N.KabraFor Respondent: Shri Prakash Jhunjhunwala for Shri Tanzil Pdvekar
Section 147Section 271(1)(c)

filing of the appeal. 3. The ld.Departmental Representative submitted that the appeal is against the order of CIT(A) deleting penalty levied under section 271(1)(c) of the Income Tax Act, 1961 [in short ‘the Act’]. The assessee has indulged in obtaining bogus purchase bills. The addition of Rs.41 ... made by the Assessing Officer in reassessment proceedings on account of bogus purchases. Consequent to the addition, penalty under section 271(1)(c) of the Act was levied by the Assessing Officer vide order dated 12/03/2019. The CIT(A) deleted the penalty. The ld.Departmental Representative prayed for upholding the order

ACIT -17 (1), Mumbai vs. Vinodkumar Premchand Aggarwal, Mumbai

ITA 2479/MUM/2021[2009-10]Status: DisposedITAT Mumbai04 May 2022AY 2009-10

Bench: Shri Vikas Awasthy & Shri Amarjit Singhआअसं. 2479/मुं/2021("न.व.2009-10) Asst. Commissioner Of Income Tax – 7(1) Room No.117, 1St Floor, Kautilya Bhavan, Bandra Kurla Complex, Bandra(E), : अपीलाथ"/ Appellant Mumbai -400 051. बनाम/ Vs. Vinod Kumar Premchand Aggarwal, 3/1 Bradys Flats, Sorab Bharucha Road, Colaba, Mumbai 400 005 Pan: Acspa-0793-N : ""थ"/ Respondent Appellant By : Shri S.N.Kabra Respondent By : Shri Prakash Jhunjhunwala For Shri Tanzil Pdvekar सुनवाई की तारीख/ : 04/05/2022 Date Of Hearing घोषणा की तारीख / : 04/05/2022 Date Of Pronouncement आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax(Appeals), National Faceless Appeal Centre, Delhi [In Short 'The Cit(A)’] Dated 31/08/2021 For The Assessment Year 2010-11. 2 2. This Appeal Is Time Barred By 60 Days. Shri S.N.Kabra Representing The Department Submitted That The Delay In Filing Of The Appeal Was On Account Of Covid-19 Pandemic . The Limitation For Filing The Appeal Was Extended By The Hon'Ble Supreme Court Of India On Its Own Motion To Mitigate The Hardship Caused Due To Covid 19 Pandemic. The Limitation For Filing Of Appeals Under Various Laws Was Extended By General Order Reported As Cognizance For Extension Of Limitation 132 Taxmann.Com 123. In The Present Case The Impugned Order Was Passed On 31/08/2021. The Appeal Before The Tribunal Was Filed On 29/12/2021. The Appeal Has Been Filed Within Extended Period Of Limitation. Hence, No Delay In Filing Of The Appeal.

For Appellant: Shri S.N.KabraFor Respondent: Shri Prakash Jhunjhunwala for Shri Tanzil Pdvekar
Section 147Section 271(1)(c)

filing of the appeal. 3. The ld.Departmental Representative submitted that the appeal is against the order of CIT(A) deleting penalty levied under section 271(1)(c) of the Income Tax Act, 1961 [in short ‘the Act’]. The assessee has indulged in obtaining bogus purchase bills. The addition of Rs.68 ... made by the Assessing Officer in reassessment proceedings on account of boguspurchases. Consequent to the addition, penalty under section 271(1)(c) of the Act was levied by the Assessing Officer vide order dated 12/03/2019. The CIT(A) deleted the penalty. The ld.Departmental Representative prayed for upholding the order levying

ACIT- 32(1), Mumbai vs. Shri Uttam Shantaram Phutankar, Mumbai

ITA 2535/MUM/2021[2010-11]Status: DisposedITAT Mumbai02 May 2022AY 2010-11

Bench: Shri Vikas Awasthy & Shri Amarjit Singhआअसं. 2535/मुं/2021("न.व.2010-11) Asst. Commissioner Of Income Tax – 32(1), Room No.702, 7Th Floor, Kautilya Bhavan, Bandra Kurla Complex, Bandra(E), : अपीलाथ"/ Appellant Mumbai -400 051. बनाम/ Vs. Shri Uttam Shantaram Phutankar, Plot No.96/100 Audumber Bungalow, Charkop Road, Borivali (W), Mumbai 400 092. Pan: Aaapp-7172-N : ""थ"/ Respondent Appellant By : Shri Hoshang B. Irani : None Respondent By सुनवाई की तारीख/ : 02/05/2022 Date Of Hearing घोषणा की तारीख / : 02/05/2022 Date Of Pronouncement आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax(Appeals), National Faceless Appeal Centre, Delhi [In Short 'The Cit(A)’] Dated 30/07/2021 For The Assessment Year 2010-11. 2 2. As Per Defect Memo Raised By The Registry, This Appeal Is Time Barred By 94 Days. The Ld.Departmental Representative Submitted That The Delay In Filing Of The Appeal Was On Account Of Covid-19 Pandemic . The Limitation For Filing The Appeal Was Extended By The Hon'Ble Supreme Court Of India On Its Own Motion To Mitigate The Hardship Caused Due To Covid 19 Pandemic. The Limitation For Filing Of Appeals Under Various Laws Was Extended By General Order Reported As Cognizance For Extension Of Limitation 132 Taxmann.Com 123. In The Present Case The Impugned Order Was Passed On 30/07/2021. The Appeal Before The Tribunal Was Filed On 31/12/2021. The Appeal Has Been Filed Within Extended Period Of Limitation. Hence, No Delay In Filing Of The Appeal.

For Appellant: Shri Hoshang B. Irani
Section 271(1)(c)

material available on record. The addition on account of bogus purchases was made merely on estimation basis. The Assessing Officer levied penalty under section. 271(1)(c) of the Act on the said addition. There is no concrete finding by the Assessing Officer as to what is the amount unreported

ACIT- 17(1), Mumbai vs. Vinodkumar Premchand Aggarwal, Mumbai

ITA 2480/MUM/2021[2010-11]Status: DisposedITAT Mumbai02 May 2022AY 2010-11

Bench: Shri Vikas Awasthy & Shri Amarjit Singhआअसं. 2480/मुं/2021("न.व.2010-11) Asst. Commissioner Of Income Tax – 7(1) Room No.117, 1St Floor, Kautilya Bhavan, Bandra Kurla Complex, Bandra(E), : अपीलाथ"/ Appellant Mumbai -400 051. बनाम/ Vs. Vinod Kumar Premchand Aggarwal, 3/1 Bradys Flats, Sorab Bharucha Road, Colaba, Mumbai 400 005 Pan: Acspa-0793-N : ""थ"/ Respondent Appellant By : Shri S.N.Kabra Respondent By : Shri Tanzil Pdvekar सुनवाई की तारीख/ : 02/05/2022 Date Of Hearing घोषणा की तारीख / : 02/05/2022 Date Of Pronouncement आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax(Appeals), National Faceless Appeal Centre, Delhi [In Short 'The Cit(A)’] Dated 31/08/2021 For The Assessment Year 2010-11. 2. This Appeal Is Time Barred By 60 Days. Shri S.N.Kabra Representing The Department Submitted That The Delay In Filing Of The Appeal Was On Account Of 2 Covid-19 Pandemic . The Limitation For Filing The Appeal Was Extended By The Hon'Ble Supreme Court Of India On Its Own Motion To Mitigate The Hardship Caused Due To Covid 19 Pandemic. The Limitation For Filing Of Appeals Under Various Laws Was Extended By General Order Reported As Cognizance For Extension Of Limitation 132 Taxmann.Com 123. In The Present Case The Impugned Order Was Passed On 31/08/2021. The Appeal Before The Tribunal Was Filed On 29/12/2021. The Appeal Has Been Filed Within Extended Period Of Limitation. Hence, No Delay In Filing Of The Appeal.

For Appellant: Shri S.N.KabraFor Respondent: Shri Tanzil Pdvekar
Section 147Section 271(1)(c)

filing of the appeal. 3. The ld.Departmental Representative submitted that the appeal is against the order of CIT(A) deleting penalty levied under section 271(1)(c) of the Income Tax Act, 1961 [in short ‘the Act’]. The assessee has indulged in obtaining bogus purchase bills. The addition of Rs.38 ... made by the Assessing Officer in reassessment proceedings on account of bogus purchases. Consequent to the addition, penalty under section 271(1)(c) of the Act was levied by the Assessing Officer vide order dated 12/03/2019. The CIT(A) deleted the penalty. The ld.Departmental Representative prayed for upholding the order

M/S. Dmg Mori India Private Limited (Formerly Dmg Mori Seiki India Machines and Services Private Limited), Bangalore vs. The Deputy Commissioner of Income Tax, Circle- 11(1), Bangalore

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

ITA 165/BANG/2020[2009-10]Status: DisposedITAT Bangalore29 Apr 2022AY 2009-10

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 165/Bang/2020 Assessment Year : 2009-10 M/S. Dmg Mori India Pvt. Ltd. (Formerly Dmg Mori Seiki India Machines & The Deputy Services Pvt. Ltd.), Commissioner Of No. 3/1, 3Rd Main Road, Income Tax, Kiadb, Peenya, 1St Stage, Circle – 11(1), Ward No. 1, Hmt, Vs. Bangalore. Bangalore – 560 058. Pan: Aabcd0003E Appellant Respondent Assessee By : Shri Vikram, Advocate : Shri Priyadarshi Mishra, Addl. Revenue By Cit (Dr) Date Of Hearing : 22-03-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Appeal Has Been Filed By The Assessee Against Order Dated 29/11/2019 Passed By The Ld.Cit(A)-2, Bangalore For Assessment Year 2009-10 On Following Consolidated Grounds Of Appeal: “1. The Order Of The Cit(Appeals) Is Contrary To Law, Facts & Circumstances Of The Case. 2. Disallowance Under Section 40(A)(I) Of The Act (Rs.2,76,24,000/-) 2.1. Disallowance U/S.40(A)(I) Unwarranted: The Cit(Appeals) Erred In Confirming The Disallowance Of Payments Made To M/S R.S Mail Limited , United Kingdom

For Appellant: Shri Vikram, Advocate
Section 234BSection 271(1)(c)Section 40

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

Alcon Laboratories India Pvt Ltd, Bangalore vs. Income Tax Officer Ward-1(1)(4), Bangalore

In the result the appeal filed by the assessee stands allowed as indicated herein above

ITA 726/BANG/2017[2012-13]Status: DisposedITAT Bangalore29 Apr 2022AY 2012-13

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiit(Tp)A No. 726/Bang/2017 Assessment Year : 2012-13 M/S. Alcon Laboratories (India) The Deputy Pvt. Ltd., Commissioner Of 11Th Floor, Rmz Azure, Income Tax, Bellary Road, Hebbal, Circle – 1(1)(1), Bangalore – 560 092. Vs. Bangalore. Pan: Aacca3430F Appellant Respondent : Shri Percy Pardiwala, Sr. Assessee By Advocate : Dr. Manjunath Karkihalli, Cit Revenue By (Dr) Date Of Hearing : 12-04-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Final Assessment Order Dated 23/01/2017 Passed By The Ld.Ito, Ward-1(1)(4), Bangalore For Assessment Year 2012-13 On Following Revised Grounds Of Appeal: “Based On The Facts & Circumstances Of The Case & In Law, Alcon Laboratories (India) Private Limited (Hereinafter Referred To As "Appellant”), Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The Learned Assessing Officer [Hereinafter Referred To As The "Learned Ao”] In Pursuance To The Directions Issued By Hon'Ble

For Respondent: Shri Percy Pardiwala, Sr
Section 143(3)Section 144C

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

Bini Builders P. Ltd., Mumbai vs. Dy CIT-CC-7(3), Mumbai

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

ITA 1321/MUM/2021[2009-10]Status: DisposedITAT Mumbai28 Apr 2022AY 2009-10

Bench: Shri Prashant Maharishi, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 1321/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2009-10) बिधम/ Bini Builders Pvt. Ltd. Dcit Central Circle-7(3) 203-204, Raigad Darshan, Jp Room No.655, Aayakar Vs. Road, Andheri West, Bhawan, M. K. Road, Mumbai-400053. Mumbai-400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccb3447R (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Shri C. T. Mathews (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 20/04/2022 घोषणा की तारीख /Date Of Pronouncement: 28/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 20.05.2021 Passed By The Commissioner Of Income Tax (Appeals) -49, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2009- 10. 2. The Assessee Has Raised The Following Grounds: - “1. On The Facts & Circumstances Of The Case & In Law The Ld Cit(A) Erred In Confirming The Initiation Of The Reassessment Proceeding Under Section 147. A.Y.2009-10 2. On The Facts & Circumstances Of The Case The Ld Cit(A) Erred In Confirming & Creating Reason To Believe For Escaped Assessment U/S. 147 As There Was No Failure On Part Of Assessee To Disclose Fully & Truly Fact.

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri C. T. Mathews (Sr. AR)
Section 131Section 143Section 143(2)Section 147Section 148Section 234ASection 271(1)(c)Section 3Section 68

234C of the Income Tax Act 1961. 6. The Ld. CIT(A) erred in confirming the initiation of the penalty proceeding under section 271(1)(c) of the Income Tax Act 1961. 7. The Assessee craves leave to add further grounds or to amend or alter the existing grounds