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)

Ajai Trivedi, Lucknow vs. Assessing Officer, Neac, Lucknow

In the result, the appeal of the Assessee stands allowed for statistical purposes

ITA 592/LKW/2025[2016-17]Status: DisposedITAT Lucknow06 May 2026AY 2016-17

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2016-17 Ajay Trivedi V. The Assessing Officer 538K/223A, Sitapur Road National E-Assessment Centre Triveni Nagar, Lucknow (U.P) Lucknow Tan/Pan:Agypt5072H (Applicant) (Respondent) Applicant By: Shri Rohan Mishra, C.A. Respondent By: Shri Amit Kumar, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 27.06.2025, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2016-17. 2.0 The Brief Facts Of The Case Are That The Assessee Had Not Filed The Return Of Income For The Year Under Consideration. The Income Tax Department Was In Possession Of Information That The Assessee Had Made Cash Deposits Of Rs.8,00,00,000/- In His Bank Account Maintained With Corporation Bank & Had Earned Interest Income Of Rs.30,000/- During The Year Under Consideration. Accordingly, The Case Of The Assessee Was Reopened Under Section 147 Of The Income Tax Act, 1961 (Hereinafter Called 'The Act’) After Issuing Notice To The Assessee Under Section 148 Of The Act. However, There Was No Response From The Side Of The Assessee To The Notice Issued Under Section

For Respondent: Shri Amit Kumar, D.R
Section 133(6)Section 142(1)Section 144Section 147Section 148Section 234ASection 234BSection 271(1)(b)Section 44A