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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)

Suresh Nag Yadav, Ranchi vs. ACIT, Central Circle - 1, Ranchi

In the result, ITA No. 08/RAN/2024 is allowed for statistical purposes

ITA 8/RAN/2024[2013-14]Status: DisposedITAT Ranchi13 Aug 2025AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. Nos.08 To 12/Ran/2024 Assessment Year: 2013-14 To 2016-17 Suresh Nag Yadav……………......................…...........................……….……Appellant Yadav Bhawan, Karatoli, Jharkhand - 834008. [Pan: Aafpy5311D] Vs. Acit, Central Circle-1, Ranchi..…..….…..….........……........……...…..…..Respondent Appearances By: Shri V. K. Jalan, Ar, Appeared On Behalf Of The Appellant. Shri Khubchand T. Pandya, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 07, 2025 Date Of Pronouncing The Order : August 13, 2025 Order Per Sonjoy Sarma: These Five Appeals Filed By The Assessee Are Directed Against The Common Orders Passed By The Ld. Commissioner Of Income Tax (Appeals), Dated 28.11.2023 For The Assessment Years 2013-14 To 2016-17 Since The Issues Involved In All These Appeals Are Common Except For Variations In Figures & Assessment Years, All The Appeals Are Heard Together & Disposed Of By This Consolidated Order For The Sake Of Convenience. First We Proceed To Deal With Ita No. 08/Ran/2024 For A.Y. 2013-14 & Our Findings Therein Shall Apply Mutatis Mutandis To The Other Appeals. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income Under Section 139(1) Of The Income-Tax Act, 1961 Declaring A Total Income Of Rs.37,56,390. A Search & Seizure Operation Under Section 132 Of The Act Was Conducted On 29.11.2018 At The Business & Residential Premises Of The Assessee. In Consequence Thereof, A Notice Under Section 153A Of The Act Was Issued. In Response, The Assessee Filed Its Return Of Income On 21.05.2020 Declaring Total Income Of Rs.38,56,390/-, Including Additional Income Of Rs.1,00,000 Disclosed

Section 132Section 139(1)Section 153ASection 271(1)(c)

determining the total income at Rs.38,56,390. Penalty proceedings were initiated, and the Assessing Officer levied penalty of Rs.30,900 under section 271(1)(c) of the Act for concealment of income. 3. The assessee challenged the imposition of penalty before the Ld. CIT(A), who confirmed the order

Suresh Nag Yadav, Ranchi vs. ACIT, Central Circle-1, Ranchi

In the result, ITA No. 08/RAN/2024 is allowed for statistical purposes

ITA 12/RAN/2024[2016-17]Status: DisposedITAT Ranchi13 Aug 2025AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. Nos.08 To 12/Ran/2024 Assessment Year: 2013-14 To 2016-17 Suresh Nag Yadav……………......................…...........................……….……Appellant Yadav Bhawan, Karatoli, Jharkhand - 834008. [Pan: Aafpy5311D] Vs. Acit, Central Circle-1, Ranchi..…..….…..….........……........……...…..…..Respondent Appearances By: Shri V. K. Jalan, Ar, Appeared On Behalf Of The Appellant. Shri Khubchand T. Pandya, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 07, 2025 Date Of Pronouncing The Order : August 13, 2025 Order Per Sonjoy Sarma: These Five Appeals Filed By The Assessee Are Directed Against The Common Orders Passed By The Ld. Commissioner Of Income Tax (Appeals), Dated 28.11.2023 For The Assessment Years 2013-14 To 2016-17 Since The Issues Involved In All These Appeals Are Common Except For Variations In Figures & Assessment Years, All The Appeals Are Heard Together & Disposed Of By This Consolidated Order For The Sake Of Convenience. First We Proceed To Deal With Ita No. 08/Ran/2024 For A.Y. 2013-14 & Our Findings Therein Shall Apply Mutatis Mutandis To The Other Appeals. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income Under Section 139(1) Of The Income-Tax Act, 1961 Declaring A Total Income Of Rs.37,56,390. A Search & Seizure Operation Under Section 132 Of The Act Was Conducted On 29.11.2018 At The Business & Residential Premises Of The Assessee. In Consequence Thereof, A Notice Under Section 153A Of The Act Was Issued. In Response, The Assessee Filed Its Return Of Income On 21.05.2020 Declaring Total Income Of Rs.38,56,390/-, Including Additional Income Of Rs.1,00,000 Disclosed

Section 132Section 139(1)Section 153ASection 271(1)(c)

determining the total income at Rs.38,56,390. Penalty proceedings were initiated, and the Assessing Officer levied penalty of Rs.30,900 under section 271(1)(c) of the Act for concealment of income. 3. The assessee challenged the imposition of penalty before the Ld. CIT(A), who confirmed the order