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“Section 271(1)”

Section References (mined)Section 271Section 271(1)5,698 judgments

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

Leading authorities on Section 271(1)

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)

Subramaniam Saravanakumar, Coimbatore vs. DCIT, Ncc-1, Coimbatore

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

ITA 2953/CHNY/2024[2013-14]Status: DisposedITAT Chennai13 Mar 2025AY 2013-14

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.2953/Chny/2024 िनधा"रण वष"/Assessment Year: 2013-14 Subramaniam Saravanakumar, Vs. The Deputy Commissioner Of No. 188, Sukrawarpet Street, Income Tax, Coimbatore 641 001. Non Corporate Circle 1, Coimbatore. [Pan:Accps5345Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Arjun Raj, Advocate ""थ" की ओर से/Respondent By : Ms. Sandhya Rani Kure, Jcit सुनवाई की तारीख/ Date Of Hearing : 12.03.2025 घोषणा की तारीख /Date Of Pronouncement : 13.03.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 06.11.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2013-14. 2. The Assessee Raised 14 Grounds In His Appeal & Mainly Challenged The Order Of The Ld. Cit(A) In Dismissing The Appeal Without Condoning Delay In Filing The Appeal.

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Ms. Sandhya Rani Kure, JCIT
Section 271(1)(c)

without condoning delay in filing the appeal. 2 I.T.A. No.2953/Chny/24 3. At the outset, we note that the Assessing Officer levied penalty under section 271(1)(c) of the Income Tax Act, 1961 [“Act” in short] dated 04.09.2021. Against the penalty order, the assessee preferred an appeal before ... No.2953/Chny/24 was reproduced at page 11 & 12 the impugned order, we note that the contention of the assessee is penalty order passed under section 271(1)(c) of the Act was not delivered to the e-mail ID of the assessee and in support of his submissions, the assessee produced

Nihal Industries Private Limited, Ahmedabad vs. Income Tax Officer, Ward 3(1)(1), Ahmedabad

The appeal of the assessee is partly allowed

ITA 1488/AHD/2024[A.Y. 2014-15]Status: DisposedITAT Ahmedabad12 Mar 2025

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1488/Ahd/2024 िनधा"रण वष" /Assessment Year : 2014-15 Nihal Industries Private The Income Tax Officer बनाम/ Limited Ward-3(1)(1) V/S. 1961, Above Royal Cycle Ahmedabad Inside Panchkuwa Panchkuwa Ahmedabad – 380 001 "थायी लेखा सं./Pan: Aadcn 7129 D (अपीलाथ&/ Appellant) ('( यथ&/ Respondent) Assessee By : Shri Arjav D. Vidani, Ar Revenue By : Ms. Ketaki Desai, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 11 /03/2025 घोषणा की तारीख /Date Of Pronouncement: 12 /03/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-Nfac, Delhi [Hereinafter Referred To As “Cit(A)”], Dated 21.06.2024, Confirming The Penalty Of Rs.30,000/- Levied By The Assessing Officer [Hereinafter Referred To As “Ao”] Under Section 271(1)(B) Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”] For Assessment Year (Ay) 2014-15. Nihal Industries Pvt.Ltd. Vs. Ito Asst. Year : 2014-15

For Appellant: Shri Arjav D. Vidani, ARFor Respondent: Ms. Ketaki Desai, Sr.DR
Section 142(1)Section 144Section 147Section 148Section 271(1)(b)

dated 21.06.2024, confirming the penalty of Rs.30,000/- levied by the Assessing Officer [hereinafter referred to as “AO”] under Section 271(1)(b) of the Income Tax Act, 1961 [hereinafter referred to as “the Act”] for Assessment Year (AY) 2014-15. Nihal Industries Pvt.Ltd. vs. ITO Asst. Year ... assessment under Section 144 r.w.s. 147 of the Act on 04.05.2023, making an addition of Rs.2,44,53,602/-. Subsequently, penalty proceedings under Section 271(1)(b) of the Act were initiated, and the AO imposed a penalty of Rs.30,000/- for non-compliance with the statutory notices

Ms Imsofer Manufacturing India Private Limited (Now Known As Ferrero India Private Limited), Pune vs. Deputy Commissioner of Income Tax, Circle 1(1)– Pune and National Faceless Assessment Centre, Delhi, Pune and NFAC (Delhi)

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

ITA 1316/PUN/2024[2012-13]Status: DisposedITAT Pune11 Mar 2025AY 2012-13

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1316/Pun/2024 िनधा"रण वष" / Assessment Year : 2012-13 M/S. Imsofer Manufacturing Vs. Dcit, Circle-1(1), Pune. India Private Limited (Now Known As Ferrero India Private Limited), World Trade Center, 8Th Floor, Tower-3, Kharadi- 411014. Pan : Aabci6450N Appellant Respondent Assessee By : Shri Siddhesh Chaugule & Nagma Gupta Revenue By Shri Amol Khairnar : Date Of Hearing : 18.12.2024 Date Of Pronouncement : 11.03.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.04.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2012-13. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “General Grounds: 1. On The Facts & Circumstances Of The Case & In Law, The Hon. Cit(A) Has Erred In Passing Order Under Section 250 Of The Act I.E. Levying Penalty Of Inr 3,55,82,949/-. Legal Grounds:

For Appellant: Shri Siddhesh Chaugule &
Section 154Section 250Section 251Section 271(1)(c)Section 275(1)(A)

learned CTT(A) erred in violating the provisions of section 251 (1)(b) of the Act. Non-levy of penalty under section 271(1)(c); 2. On the facts and circumstances of the case and in law, the Hon'ble ITAT has heard the quantum appeal of the appellant. Accordingly ... erred in ignoring that there is absence of essential element for levy of penalty under section 271(1)(c) of the Act in the Appellant's case viz. ‘concealment of particulars of income' or 'furnishing of inaccurate particulars of income’. 4. On the facts and circumstances of the case