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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)

Kandla Steel Private Limited, Mumbai vs. ITO, Gujarat

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 569/RJT/2025[2010-11]Status: DisposedITAT Rajkot30 Oct 2025AY 2010-11

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./Ita No. 569/Rjt/2025 ("नधा"रण वष" / Assessment Year: 2010-11) Kandla Steel Pvt. Ltd, Vs. The Income Tax Officer, 105, Lotus Business Park, Ra Baug Plot No. 20A, Sector-8, Lane, Off. S.V. Road, Malad West, Gandhidham Mumbai-400064 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadck1337N (Appellant) (Respondent) Appellant By : Shri Saurabh Thakur, Ar Respondent By : Shri Abhimanyu Singh Yadav, Sr. Dr Date Of Hearing : 23/09/2025 Date Of Pronouncement : 30/10/2025 आदेश / O R D E R Per, Dr. Arjun Lal Saini, Am:

For Appellant: Shri Saurabh Thakur, ARFor Respondent: Shri Abhimanyu Singh Yadav, Sr. DR
Section 271(1)(c)

Commissioner of Income-tax (Appeals) has erred both in law and on facts in upholding the penalty of Rs.5,74,953/- levied under section 271(1)(c) of the Income-tax Act, 1961. ITA No.569/RJT/2025/AY.2010-11 Kandla Steel Pvt. Ltd. 2.That the learned CIT(A) failed to appreciate that the penalty ... confirming penalty without appreciating the fact that rejection of books and estimation of income does not automatically justify imposition of penalty under section 271(1)(c). 5.That the learned CIT(A) grossly erred in treating the non-compliance with notices as sufficient ground to reject the appeal, without adjudicating

Jetsynthesys Private Limited, Pune vs. DCIT, Circle-7, Pune

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

ITA 346/PUN/2025[2017-18]Status: DisposedITAT Pune30 Oct 2025AY 2017-18

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.346/Pun/2025 िनधा"रण वष" / Assessment Year : 2017-18 Jetsynthesys Private Vs. Dcit, Circle-7, Pune. Limited, 101-104, 1St Floor, Metro House, Mangaldas Road, Pune- 411001. Pan : Aaicm1358A Appellant Respondent Assessee By : Shri Sarvesh Khandelwal Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 06.08.2025 Date Of Pronouncement : 30.10.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.12.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On Facts & Circumstances Prevailing In The Case & As Per Provisions Of The Act It Be Held That The Penalty Imposed U/S 270A

For Appellant: Shri Sarvesh KhandelwalFor Respondent: Shri Ramnath P. Murkunde
Section 143(3)Section 270ASection 270A(9)Section 271(1)(c)

claim was not accepted or was not acceptable to the revenue, that by itself would not, in our opinion, attract the penalty under section 271(1)(c). If we accept the contention of the revenue then in case of every Return where the claim made is not accepted by Assessing ... Officer for any reason, the assessee will invite penalty under section 271(1)(c). That is clearly not the intendment of the Legislature.” 8. Respectfully following the above judgement of Hon’ble Supreme Court in the case of CIT, Ahmedabad vs. Reliance Petroproducts (P.) Ltd. [2010] 189 Taxman

Amit Suresh Agrawal, Satara vs. ITO Ward-2, Satara

In the result, appeal of the assessee is partly allowed

ITA 2225/PUN/2025[2016-17]Status: DisposedITAT Pune30 Oct 2025AY 2016-17

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.2225/Pun/2025 निर्धारण वषा / Assessment Year: 2016-17 Amit Suresh Agrawal, V The Income Tax Officer, Amit Trading Co, Plot No.35, S Ward-2, Satara. Satara – 415002. Maharashtra. Pan: Abgpa2925D Appellant/ Assessee Respondent / Revenue Assessee By Shri Suhas Kulkarni – Advocate Revenue By Shri Eknath Abhang – Add.Cit(Dr) Date Of Hearing 30/10/2025 Date Of Pronouncement 30/10/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2016-17 Dated 02.04.2025 Emanating From The Assessment Order Passed Under Section 147 R.W.S 144B Of The Income Tax Act, 1961 Dated 10.05.2023. The Assessee Has Raised The Following Grounds Of Appeal :

Section 147Section 148Section 149(1)(b)Section 151Section 151ASection 153ASection 153CSection 250Section 271(1)(c)Section 68

required to be quashed or remanded for fresh adjudication on merits. 8. The Assessing Officer has erroneously initiated penalty proceedings under Section 271(1)(c) of the Income Tax Act, 1961 without any legal basis. The penalty proceedings are not sustainable in law as the primary addition itself is unjustified

Rashmi Arun Chougule, Kolhapur vs. Income Tax Officer Ward 2(1), Kolhapur

In the result, appeal of the assessee is allowed for statistical purpose

ITA 1892/PUN/2025[A.Y. 2014-15]Status: DisposedITAT Pune30 Oct 2025

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.1892/Pun/2025 निर्धारण वषा / Assessment Year: 2014-15 Rashmi Arun Chogule, V The Income Tax Officer, 1557, D Ward, Dhanawade S Ward-2(1), Kolhapur. Galli, Shukrawarpeth, Kolhapur – 416002. Maharashtra. Pan: Aehpc4149R Appellant/ Assessee Respondent / Revenue Assessee By None Revenue By Shri Eknath Abhang – Add.Cit(Dr) Date Of Hearing 30/10/2025 Date Of Pronouncement 30/10/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2014-15 Dated 20.06.2025 Emanating From The Penalty Order Passed Under Section 271(1)(C) Of The Income Tax Act, 1961 Dated 14.09.2022. The Assessee Has Raised The Following Grounds Of Appeal :

Section 250Section 271(1)(c)Section 69

NFAC] passed under section 250 of the Income Tax Act, 1961 for the A.Y.2014-15 dated 20.06.2025 emanating from the Penalty Order passed under section 271(1)(c) of the Income Tax Act, 1961 dated 14.09.2022. The Assessee has raised the following grounds of appeal : ITA No.1892/PUN/2025 [A] “1 ... ITAT, Pune Bench, vide appeal no. ITA No.2202/PUN/2024 dated 10.12.2024 and hence, the penalty levied under section 271(1)(c) is premature and liable to be deleted. 2 The learned authorities below failed to appreciate that the alleged unexplained investment of ₹25,96,575/- was sourced from a loan