Section 270A(8) of the Income Tax Act

Income-tax Act, 2025: s.439

Section 270A(8) falls under section 270A of the Income-tax Act, 1961, which corresponds to section 439 (Penalty for under-reporting and misreporting of income) of the Income-tax Act, 2025.

Read section 439 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 270A(8) is CIT v. M. M.Khambatbala (198 ITR 144), cited in 67 of the 29 judgments on BharatTax that turn on this section.

Leading authorities on Section 270A(8)

CIT v. M. M.Khambatbala
198 ITR 144 · 1992 · High Court
67
citing judgments

Revisional powers under Section 263 can be exercised even if the issue is debatable, provided the order is erroneous and prejudicial to the revenue's interest.

Rajesh Kumar v. CIT
27 SCC 181 · 2007 · Reported
57
citing judgments

Where civil or evil consequences ensue from the action of a statutory authority, the principles of natural justice must be followed, even if not explicitly stated in the statute. Failure to comply with these principles may render a statute ultra vires Article 14 of the Constitution.

CIT v. Emery Stone Manufacturing Company
213 ITR 843 · 1995 · High Court
43
citing judgments

The Commissioner can invoke revisional jurisdiction under Section 263 even when the assessee has disclosed all facts, if the Assessing Officer failed to examine those details in accordance with the correct provisions of law. Full disclosure does not provide immunity from revision if the assessment order is erroneous and prejudicial to the revenue due to the AO's inadequate inquiry.

Mohd. Farhan A. Shaikh v. DCIT, Central Circle-1, Bengaluru
280 Taxmann 334 · 2021 · High Court
42
citing judgments
Prem Brothers Infrastructure LLP v. NFAC
142 Taxmann.com 38 · 2022 · High Court
32
citing judgments

When initiating penalty proceedings, the Assessing Officer (AO) must specify the limb of the charge, indicating whether the penalty is for concealment of income or furnishing inaccurate particulars. This requirement is essential for valid penalty proceedings.

Schneider Electric South East Asia (HQ) PTE Ltd. v. Commissioner of Income Tax (International Taxation) & Ors.
443 ITR 186 · 2022 · High Court
29
citing judgments

Penalty under Section 270A of the Income Tax Act, 1961, cannot be imposed if the Assessing Officer fails to specify which clause under Section 270A(9) applies and fails to show cause to the assessee accordingly. Strict adherence to the conditions of Section 270A is mandatory for its applicability.

Indian Textile v. CIT
157 ITR 112 · High Court
25
citing judgments

An assessment order is erroneous and prejudicial to the revenue's interest if it is passed without proper verification or application of mind by the Assessing Officer. Revisionary powers under section 263 can be invoked even if only one item in the assessment order is prejudicial.

Dr. Motibhai D. Patel v. Commissioner of Income-tax
127 ITR 671 · 1981 · High Court
21
citing judgments

If agricultural operations are being carried out on land at the time of sale and revenue records indicate it is agricultural land, a presumption arises that it is agricultural in character, which the revenue must rebut. Permission to convert land to non-agricultural use does not render it non-agricultural if not obtained before the sale.

CIT v. ECS Ltd.
336 ITR 162 · 2011 · High Court
21
citing judgments

The Assessing Officer's satisfaction for imposing a penalty under Section 271(1)(c) must be discernible from the assessment order, even if not expressly recorded in a specific format.

CIT v. Manilal Somnath
106 ITR 917 · 1977 · High Court
18
citing judgments

The potential non-agricultural value of land, or the large price a purchaser is willing to pay due to market conditions, does not change its essential character as agricultural land at the time of sale, provided it was used for agricultural purposes.

Judgments on Section 270A(8)