Section 271(1)(b) of the Income Tax Act

The decision most relied on for Section 271(1)(b) is Hindustan Steel Ltd. v. State of Orissa (83 ITR 26), cited in 502 of the 2,912 judgments on BharatTax that turn on this section.

Leading authorities on Section 271(1)(b)

Hindustan Steel Ltd. v. State of Orissa
83 ITR 26 · 1972 · Supreme Court
502
citing judgments

An order imposing penalty for failure to carry out a statutory obligation results from quasi-criminal proceedings. Penalty is not ordinarily imposed unless the party acted deliberately in defiance of law, was guilty of contumacious or dishonest conduct, or acted in conscious disregard of their obligation.

Velu Palandar v. DCIT
83 ITR 683 · 1972 · High Court
94
citing judgments

The opportunity of hearing provided to an assessee must be real, effective, and realistic, not merely notional, and tax authorities are incumbent to decide cases on their merits after affording due opportunity.

CIT v. Subodh Gupta
54 Taxmann.com 343 · 2015 · High Court
29
citing judgments

In the absence of material to show a net profit rate, the presumptive net profit rate of 8% under section 44AD can be used for estimating income. However, this 8% is not a sacrosanct profit ratio and depends on the specific facts of each case.

Vama Apparels (India) (P) Ltd. v. ACIT
102 Taxmann.com 398 · 2019 · High Court
22
citing judgments

A substantial delay in filing an appeal requires a proper explanation for the bulk of the period, not necessarily each day.

Smt. Rekha Rani v. DCIT
60 Taxmann.com 131 · 2015 · High Court
21
citing judgments

Penalty under Section 271(1)(b) for non-compliance with notices under Section 143(2) should be restricted to the first default only, as each notice should not trigger a separate penalty.

Rekha Rani v. DCIT
154 ITD 617 · 2015 · ITAT
19
citing judgments

Penalty under section 271(1)(b) cannot be imposed for each and every notice issued under section 143(2) that remains uncomplied with; it should be restricted to the first default only.

Bharat Aluminium Company Ltd. v. Union of India
134 Taxmann.com 187 · 2022 · High Court
18
citing judgments

An assessee has a vested right to a personal hearing in faceless assessment proceedings under section 144B. The granting of a personal hearing is not discretionary and must be provided based on the facts of each case, upholding the principles of natural justice.

M/S J.T. (India) Exports And Another v. Union Of India And Another
262 ITR 269 · 2003 · High Court
18
citing judgments

The principle of natural justice is essential for legal justice, and it can supplement or correct legal justice when the latter fails due to technicalities or omissions in law.

Oriental Investment Co. Ltd. v. CIT
32 ITR 664 · 1957 · Supreme Court
13
citing judgments

A finding of fact by the Income-tax Appellate Tribunal can be challenged as erroneous in law under section 66(1) if it is not supported by any evidence or is perverse.

CIT v. K.Ρ. Madhusudanan
246 ITR 218 · 2000 · High Court
12
citing judgments

Penalty for concealment of income requires circumstances that reasonably point to the conclusion that the disputed amount represented income and the assessee consciously concealed particulars or deliberately furnished inaccurate particulars. An assessee must offer an acceptable explanation for undisclosed income or inaccurate particulars to rebut the presumption of concealment.

Judgments on Section 271(1)(b)

Prakashchandra Harilal Shah, Mumbai vs. CIT (A)-25, Mumbai

The appeal of the assessee is allowed, and appeal of the Assessing Officer is dismissed

ITA 1206/MUM/2019[2012-13]Status: DisposedITAT Mumbai15 Jul 2020AY 2012-13

Bench: Shri C. N. Prasad, Jm & Shri S. Rifaur Rahman, Am आयकरअपीलसं./ I.T.A. No. 1206/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2012-13) Prakash Chandra Harilal Cit(A)-25, 4Th Floor Tower No. 6 Rly Shah, Flat No. 803, 8Th Floor, B Station Commercial बिधम/ Wing, Adinath Bldg, Complex, Vashi Navi Vs. Mumbai-400 703 Neelkanth Enclave Opp- Shreyas Cinema Lbs Road, Ghatkopar West, Mumbai-400 086 स्थायीलेखासं./जीआइआरसं./Pan No. Aapps6547M (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Ashwin Kumar H. Shah, Ar प्रत्यथीकीओरसे/Respondentby : Shri Unavekar, Dr सुनवाईकीतारीख/ : 27.02.2020 Date Of Hearing घोषणाकीतारीख / : 15.07.2020 Date Of Pronouncement आदेश / O R D E R Per S. Rifaur Rahman (): The Present Appeal Has Been Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-25, Mumbai, Dated 17.01.2019 For Ay 2012-13. 2

For Appellant: Shri Ashwin Kumar HFor Respondent: Shri Unavekar, DR
Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 271(1)(b)Section 271(1)(c)Section 274Section 282

Manoj Sudhakar Pardeshi, Pune vs. Deputy Commissioner of Income-Tax, Circle - 14, Pune

In the result, the appeal of the assessee is allowed

ITA 1125/PUN/2018[2013-14]Status: DisposedITAT Pune01 Jun 2020AY 2013-14

Bench: Shri D. Karunakara Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.1125/Pun/2018 िनधा"रण वष" / Assessment Year : 2013-14 Manoj Sudhakar Pardeshi, C/O G.Y. Limaye & Co., 101, Manikanchan, Kanchan Gallie, Behind Krishna Dining Hall, Off. Law College Road, Erandwana, Pune-411004. .......अपीलाथ" / Appellant Pan : Aazpp3408J बनाम / V/S. Dcit, Circle-14, ……""यथ" / Respondent Pune. Assessee By : Shri Kishor Phadke Revenue By : Shri S. P. Walimbe सुनवाई क" तारीख / Date Of Hearing : 02.06.2020 घोषणा क" तारीख / Date Of Pronouncement : 02.06.2020 आदेश / Order Per D. Karunakara Rao, Am: This Appeal Filed By The Assessee Is Against The Order Of The Cit(A)-7, Pune Dated 25.04.2018 For The Assessment Year 2013-14. 2. The Grounds Raised By The Assessee Are As Under :- “1. The Learned Dcit, Circle 14, Pune (Hereinafter Referred To As Learned Ao) Erred In Law & On Facts In Levying A Penalty Of Rs. 10,000/- U/S 271(1)(B) Of The Ita, 1961. 2. In Arriving At The Conclusion For Levy Of Penalty, The Lower Authorities Failed To Appreciate That - The Appellant Ensured Due Compliances With All The Notices Issued By The Learned Ao & Hence Levy Of Penalty Is Bad Is Law. - No Non-Compliance With Notices Issued By Learned Ao Deciphers From The Assessment Order.

For Appellant: Shri Kishor PhadkeFor Respondent: Shri S. P. Walimbe
Section 142(1)Section 143(3)Section 153ASection 271(1)(b)