Section 221(1) of the Income Tax Act

Income-tax Act, 2025: s.412

Section 221(1) falls under section 221 of the Income-tax Act, 1961, which corresponds to section 412 (Penalty payable when tax in default) of the Income-tax Act, 2025.

Read section 412 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 221(1) is Kartik Vijaysinh Sonavano v. DCIT (132 Taxmann.com 293), cited in 33 of the 159 judgments on BharatTax that turn on this section.

Leading authorities on Section 221(1)

Judgments on Section 221(1)

Rishab Steel ( House), Mumbai vs. Asst CIT 15(2), Mumbai

In the result, this appeal by the assessee stands allowed

ITA 1657/MUM/2016[2010-11]Status: DisposedITAT Mumbai01 Mar 2018AY 2010-11

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं./I.T.A. No.1657/Mum/2016 ("नधा"रण वष" / Assessment Year: 2010-11) M/S. Rishab Steel (House) Asst. Cit – 15(2), बनाम/ 101/102, Rishab House, Mumbai 301, Duncan Road, M A Road, Vs. Mumbai-400 004 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aacfr 2807 C (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri M. M. Porwal ""यथ" क" ओर से/Respondent By : Shri Rajat Mittal सुनवाई क" तार"ख / : 13.02.2018 Date Of Hearing घोषणा क" तार"ख / : 01.03.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Assessee Is Directed Against The Order By The Commissioner Of Income Tax (Appeals) Dated 04.12.2015 & Pertains To The Assessment Year 2010- 11. 2. The Grounds Of Appeal Read As Under: 1. On The Facts & In The Circumstances Of The Case & In Law The Learned Commissioner Of Income Tax (Appeals) Erred In Confirming Penalty Levied By Assessing Officer Of Rs.100000/- Under Section 221(1) Of The Act. Provisions Of The Act Ought To Have Been Properly Construed & Regard Being Had To Facts Of The Case No Such Penalty Should Have Been Levied. Reasons Assigned By Him Are Insufficient To Justify Levy Of Penalty Under Section 221(1) Of The Act.

For Appellant: Shri M. M. PorwalFor Respondent: Shri Rajat Mittal
Section 220Section 221(1)Section 271(1)(c)