Section 270A of the Income Tax Act

Income-tax Act, 2025: s.439

Section 270A of the Income-tax Act, 1961 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 is CIT v. Manjunatha Cotton & Ginning Factory (359 ITR 565), cited in 2,590 of the 4,156 judgments on BharatTax that turn on this section.

Leading authorities on Section 270A

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.

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.

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.

Dilip N. Shroff v. JCIT
291 ITR 519 · 2007 · Supreme Court
565
citing judgments

A penalty notice issued under Section 271(1)(c) is invalid if the Assessing Officer fails to strike out the inapplicable limb (concealment or furnishing inaccurate particulars) from the standard proforma, indicating non-application of mind. The initial burden of proving concealment or inaccurate particulars rests on the Revenue.

CIT v. Vinay Cements Ltd.
213 CTR 268 · 2007 · Supreme Court
422
citing judgments

Employees' contributions to provident fund and ESI are allowable as a deduction under Section 36(1)(va) read with Section 2(24)(x) if deposited by the assessee before the due date for filing the income tax return.

CIT v. Virgo Marketing (P) Ltd.
171 Taxmann 156 · 2008 · High Court
384
citing judgments

The assessment order must clearly specify the reason for initiating penalty proceedings under Section 271(1)(c) and explicitly state whether it is for concealment of income or furnishing inaccurate particulars. Failure to identify the specific limb under which penalty is initiated renders the penalty unsustainable.

DIT v. Morgan Stanley & Co.
292 ITR 416 · 2007 · Supreme Court
360
citing judgments

A Permanent Establishment (PE) signifies a foreign enterprise's virtual projection into another country, with a fixed place PE existing where an MNE's business is wholly or partly carried on. A dependent agent PE requires the agent to act as such and/or have the authority to conclude contracts for the foreign enterprise under DTAA provisions.

CIT v. Zoom Communication (P) Ltd.
327 ITR 510 · 2010 · High Court
330
citing judgments

Penalty under section 271(1)(c) is not leviable for legally unsustainable claims if the assessee provides a substantiated, bona fide explanation without concealing facts or giving incorrect information. However, penalty is attracted if a claim is baseless, legally incorrect, and the explanation lacks bona fides.

DIT v. New Skies Satellite BV
382 ITR 114 · 2016 · High Court
325
citing judgments

An amendment to the Income Tax Act, such as the Finance Act, 2012 amendment to Section 9(1)(vi) defining royalty, does not automatically override or alter the definition of 'royalty' as provided in a Double Taxation Avoidance Agreement (DTAA) unless the DTAA itself is bilaterally amended. The definition of royalty in a DTAA remains unaffected by unilateral changes to domestic law.

Judgments on Section 270A

Unblock India Pvt Ltd, Kolkata vs. ITO, Ward-7(2), Kolkata

In the result, the appeal of the assessee is allowed for statistical purpose

ITA 100/KOL/2022[2017-18]Status: DisposedITAT Kolkata26 May 2022AY 2017-18

Bench: Shri Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Ble] I.T.A. No. 100/Kol/2022 Assessment Year: 2017-18 Unblock India Pvt. Ltd...............................................................................................................Appellant 11B, Jatindra Mohan Avenue, Sova Bazar, Kolkata – 700 006. [Pan: Aabcu 3336 K] Vs Ito, Ward-7(2), Kolkata ..................………………………………………..................................Respondent Appearances By: Shri Anil Kochar & Shri Aryan Kochar, Advocate Appearing On Behalf Of The Assessee Shri Biswanath Das, Acit Appearing On Behalf Of The Revenue: Date Of Concluding The Hearing : May 19, 2022 Date Of Pronouncing The Order : May 26, 2022 Order Per Sonjoy Sarma, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of National Faceless Appeal Centre, Delhi Dated 08.12.2021 For A.Y. 2017-18. 2. At The Outset, It Is Noted That There Is A Delay Of 15 Days On The Part Of The Assessee In Filing This Appeal Before The Tribunal. In This Regard, The Assessee Has Filed An Application Seeking Condonation Of The Said Delay & Keeping In View The Reasons Given Therein, We Are Satisfied That There Is A Sufficient Cause For The Delay Of 15 Days On The Part Of The Assessee In Filing This Appeal Before The Tribunal & Delay In Filing The Instant Appeal Is Accordingly Condoned.

For Respondent: Date of concluding the hearing : May 19, 2022
Section 10ASection 115JSection 143(1)Section 143(3)Section 270A