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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)

C.Vijayalakshmi, Sivakasi vs. DCIT, CC-2, Madurai

In the result, appeal filed by the assessee is allowed

ITA 1599/CHNY/2024[2012-13]Status: DisposedITAT Chennai31 Dec 2024AY 2012-13

Bench: Imposing Of Penalty Was Invalid, Because, It Didn'T Specify The Exact Fault On Which The Penalty Is Proposed To Be Levied & Drew Our Attention To Show Cause Notice Issued By The Ao U/S.271(1)(C) R.W.S.274 Of The Act Dated 31.12.2016 For Ay 2012-13, Which We Perused & Will Adjudicate This Legal Issue. 3. As Discussed, The Assessee Has Assailed The Action Of The Ld. Cit(A) Confirming The Penalty U/S.271(1)(C) Of The Act, Which Penalty Was Imposed By Ao According To Assessee Without Having Jurisdiction. According To Assessee, The Ld.Cit(A) While Passing The Impugned Order Has Not Considered The Fact That The Notice Issued By The Ao Before Imposition Of The Penalty Didn'T Specify The Exact Fault On Which The Penalty Is Proposed To Be Levied I.E. Whether The Assessee Had Furnished Inaccurate Particulars Of Income Or Have Concealed The Income & Hence Notice Is Bad In Law, Which Vitiates Levy Of Penalty. 4. In Respect Of The Aforesaid Legal Issue, First Of All We Have Perused The Show Cause Notice (Scn) Issued By The Ao U/S 271(1)(C) R.W.S. 274 Of The Act Dated 31.12.2016 For Ay 2012-13 By Virtue Of Which The Ao Gave Notice To The Assessee 'As To Why The Penalty Should Not Be Levied U/S.271(1)(C) Of The Act Or Not? On Perusal Of Of The The Impugned Scn Dated :: 3 ::

Section 271(1)(c)Section 274

impugned SCN dated :: 3 :: ITA No.1599/Chny/2024 (AY 2012-13) C. Vijayalakshmi 31.12.2016, we note that the fault specified in Section 271(1)(c) of the Act, is given i.e. “the assessee have concealed the particulars of his income" or "furnishing inaccurate particulars of such income", meaning ... 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