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)

Munshi Mini Rice Mill, Hooghly vs. ITO, Ward-2(2), Kolkata, Hooghly

In the result, assessee’s appeal stands allowed

ITA 146/KOL/2017[2012-13]Status: DisposedITAT Kolkata04 Apr 2018AY 2012-13

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2012-13 Munshi Mini Rice Mill V/S. Income Tax Officer, C/O S.N. Ghosh & Ward-2(2), Aayakar Associates, Advocates, Bhawan, G.T. Road, “Sebenbrothers” Lodge, Khadina More, P.O. P.O. Buroshibtala, P.S. Chinsurah, P.S/. Chinsurah, Dist. Hooghly, Chinsurahk,, Dist. Pin 712105 Hooghly, Pin 712 101 [Pan No.Aaffm 1149 K] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Somnath Ghosh, Advocate अपीलाथ" क" ओर से/By Appellant Shri Sallong Yaden, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 28-02-2018 सुनवाई क" तार"ख/Date Of Hearing 04-04-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-6, Kolkata Dated 09.01.2017. Assessment Was Framed By Ito Ward-24(2), Hooghly U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 27.03.2015 For Assessment Year 2012-13. The Penalty Levied By Ao U/S 271(1)(B) Of The Act Vide Dated 112.11.2014. Grounds Raised By Assessee Are Reproduced Below:- “1. For That The Ld. Commissioner Of Income Tax (Appeals)-6, Kolkata Failed To Appreciate That None Of The Condition Precedent Required To Be Satisfied For The Assumption Of Jurisdiction U/S.274 Read With S. 271(1)(B) Of The Income Tax Act, 1961 Existed And/Or Have Been Complied With And/Or Fulfilled In The Instant Case By The Ld. Income Tax

Section 142(1)Section 143(3)Section 271(1)(b)Section 274

Ranjeet Shivhare, Betul vs. Deputy Commissioner of Income Tax(Central)-1, Bhopal

In the result, all fourteen appeals filed by the assessee(s) are allowed

ITA 58/JAB/2017[2015-16]Status: DisposedITAT Jabalpur16 Mar 2018AY 2015-16

Bench: Shri Kul Bharat & Shri Manish Borad""./ Ita Nos. 53 To 59/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Ranjeet Shivhare, Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Arups 3197 F Bhopal ""./ Ita Nos. 62 To 68/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Smt. Sunita Shivhare Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Bdgps 4272 Q Bhopal / (Appellant) / (Respondent)         Assessee By : Shri Dhiraj Ghai, Ca Revenue By : Shri Pd Chougule, Dr $ %&'/Date Of Hearing : 15/03/2018 ! "# $ %&' /Date Of Pronouncement: 16/03/2018 ()*+ "# .//O R D E R , - Per Bench :- This Bunch Of Fourteen Appeals By Two Assessees (Seven Appeals Each) Have Been Filed Against Two Separate Orders Of Learned Commissioner Of Income-Tax (Appeals)-3, Bhopal (Mp) Dated 02.08.2017 In The Case Smt. Sunita Shivhare & Dated 11.08.2017 In The Case Of Shri Ranjeet Shivhare, Arising Out Of Order U/S 271(1)(B) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “The Act”) Framed By The Dcit (Central)-1, Bhopal Imposing Penalty Of Rs.10,000/- Each In Assessment Years 2010-11 To 2016- 17. Since All These Appeals Pertain To The Same Group & The Issue Involved Is Also Identical, All These Appeals Are Decided By This Consolidated Order For The Sake Of Convenience.

For Appellant: Shri Dhiraj Ghai, CAFor Respondent: Shri PD Chougule, DR
Section 132Section 142(1)Section 153Section 271(1)(b)Section 273B

Ranjeet Shivhare, Betul vs. Deputy Commissioner of Income Tax(Central)-1, Bhopal

In the result, all fourteen appeals filed by the assessee(s) are allowed

ITA 57/JAB/2017[2014-15]Status: DisposedITAT Jabalpur16 Mar 2018AY 2014-15

Bench: Shri Kul Bharat & Shri Manish Borad""./ Ita Nos. 53 To 59/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Ranjeet Shivhare, Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Arups 3197 F Bhopal ""./ Ita Nos. 62 To 68/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Smt. Sunita Shivhare Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Bdgps 4272 Q Bhopal / (Appellant) / (Respondent)         Assessee By : Shri Dhiraj Ghai, Ca Revenue By : Shri Pd Chougule, Dr $ %&'/Date Of Hearing : 15/03/2018 ! "# $ %&' /Date Of Pronouncement: 16/03/2018 ()*+ "# .//O R D E R , - Per Bench :- This Bunch Of Fourteen Appeals By Two Assessees (Seven Appeals Each) Have Been Filed Against Two Separate Orders Of Learned Commissioner Of Income-Tax (Appeals)-3, Bhopal (Mp) Dated 02.08.2017 In The Case Smt. Sunita Shivhare & Dated 11.08.2017 In The Case Of Shri Ranjeet Shivhare, Arising Out Of Order U/S 271(1)(B) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “The Act”) Framed By The Dcit (Central)-1, Bhopal Imposing Penalty Of Rs.10,000/- Each In Assessment Years 2010-11 To 2016- 17. Since All These Appeals Pertain To The Same Group & The Issue Involved Is Also Identical, All These Appeals Are Decided By This Consolidated Order For The Sake Of Convenience.

For Appellant: Shri Dhiraj Ghai, CAFor Respondent: Shri PD Chougule, DR
Section 132Section 142(1)Section 153Section 271(1)(b)Section 273B

Ranjeet Shivhare, Betul vs. Deputy Commissioner of Income Tax(Central)-1, Bhopal

In the result, all fourteen appeals filed by the assessee(s) are allowed

ITA 56/JAB/2017[2013-14]Status: DisposedITAT Jabalpur16 Mar 2018AY 2013-14

Bench: Shri Kul Bharat & Shri Manish Borad""./ Ita Nos. 53 To 59/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Ranjeet Shivhare, Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Arups 3197 F Bhopal ""./ Ita Nos. 62 To 68/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Smt. Sunita Shivhare Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Bdgps 4272 Q Bhopal / (Appellant) / (Respondent)         Assessee By : Shri Dhiraj Ghai, Ca Revenue By : Shri Pd Chougule, Dr $ %&'/Date Of Hearing : 15/03/2018 ! "# $ %&' /Date Of Pronouncement: 16/03/2018 ()*+ "# .//O R D E R , - Per Bench :- This Bunch Of Fourteen Appeals By Two Assessees (Seven Appeals Each) Have Been Filed Against Two Separate Orders Of Learned Commissioner Of Income-Tax (Appeals)-3, Bhopal (Mp) Dated 02.08.2017 In The Case Smt. Sunita Shivhare & Dated 11.08.2017 In The Case Of Shri Ranjeet Shivhare, Arising Out Of Order U/S 271(1)(B) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “The Act”) Framed By The Dcit (Central)-1, Bhopal Imposing Penalty Of Rs.10,000/- Each In Assessment Years 2010-11 To 2016- 17. Since All These Appeals Pertain To The Same Group & The Issue Involved Is Also Identical, All These Appeals Are Decided By This Consolidated Order For The Sake Of Convenience.

For Appellant: Shri Dhiraj Ghai, CAFor Respondent: Shri PD Chougule, DR
Section 132Section 142(1)Section 153Section 271(1)(b)Section 273B

Ranjeet Shivhare, Betul vs. Deputy Commissioner of Income Tax(Central)-1, Bhopal

In the result, all fourteen appeals filed by the assessee(s) are allowed

ITA 55/JAB/2017[2012-13]Status: DisposedITAT Jabalpur16 Mar 2018AY 2012-13

Bench: Shri Kul Bharat & Shri Manish Borad""./ Ita Nos. 53 To 59/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Ranjeet Shivhare, Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Arups 3197 F Bhopal ""./ Ita Nos. 62 To 68/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Smt. Sunita Shivhare Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Bdgps 4272 Q Bhopal / (Appellant) / (Respondent)         Assessee By : Shri Dhiraj Ghai, Ca Revenue By : Shri Pd Chougule, Dr $ %&'/Date Of Hearing : 15/03/2018 ! "# $ %&' /Date Of Pronouncement: 16/03/2018 ()*+ "# .//O R D E R , - Per Bench :- This Bunch Of Fourteen Appeals By Two Assessees (Seven Appeals Each) Have Been Filed Against Two Separate Orders Of Learned Commissioner Of Income-Tax (Appeals)-3, Bhopal (Mp) Dated 02.08.2017 In The Case Smt. Sunita Shivhare & Dated 11.08.2017 In The Case Of Shri Ranjeet Shivhare, Arising Out Of Order U/S 271(1)(B) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “The Act”) Framed By The Dcit (Central)-1, Bhopal Imposing Penalty Of Rs.10,000/- Each In Assessment Years 2010-11 To 2016- 17. Since All These Appeals Pertain To The Same Group & The Issue Involved Is Also Identical, All These Appeals Are Decided By This Consolidated Order For The Sake Of Convenience.

For Appellant: Shri Dhiraj Ghai, CAFor Respondent: Shri PD Chougule, DR
Section 132Section 142(1)Section 153Section 271(1)(b)Section 273B

Ranjeet Shivhare, Betul vs. Deputy Commissioner of Income Tax(Central)-1, Bhopal

In the result, all fourteen appeals filed by the assessee(s) are allowed

ITA 54/JAB/2017[2011-12]Status: DisposedITAT Jabalpur16 Mar 2018AY 2011-12

Bench: Shri Kul Bharat & Shri Manish Borad""./ Ita Nos. 53 To 59/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Ranjeet Shivhare, Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Arups 3197 F Bhopal ""./ Ita Nos. 62 To 68/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Smt. Sunita Shivhare Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Bdgps 4272 Q Bhopal / (Appellant) / (Respondent)         Assessee By : Shri Dhiraj Ghai, Ca Revenue By : Shri Pd Chougule, Dr $ %&'/Date Of Hearing : 15/03/2018 ! "# $ %&' /Date Of Pronouncement: 16/03/2018 ()*+ "# .//O R D E R , - Per Bench :- This Bunch Of Fourteen Appeals By Two Assessees (Seven Appeals Each) Have Been Filed Against Two Separate Orders Of Learned Commissioner Of Income-Tax (Appeals)-3, Bhopal (Mp) Dated 02.08.2017 In The Case Smt. Sunita Shivhare & Dated 11.08.2017 In The Case Of Shri Ranjeet Shivhare, Arising Out Of Order U/S 271(1)(B) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “The Act”) Framed By The Dcit (Central)-1, Bhopal Imposing Penalty Of Rs.10,000/- Each In Assessment Years 2010-11 To 2016- 17. Since All These Appeals Pertain To The Same Group & The Issue Involved Is Also Identical, All These Appeals Are Decided By This Consolidated Order For The Sake Of Convenience.

For Appellant: Shri Dhiraj Ghai, CAFor Respondent: Shri PD Chougule, DR
Section 132Section 142(1)Section 153Section 271(1)(b)Section 273B

Ranjeet Shivhare, Betul vs. Deputy Commissioner of Income Tax(Central)-1, Bhopal

In the result, all fourteen appeals filed by the assessee(s) are allowed

ITA 53/JAB/2017[2010-11]Status: DisposedITAT Jabalpur16 Mar 2018AY 2010-11

Bench: Shri Kul Bharat & Shri Manish Borad""./ Ita Nos. 53 To 59/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Ranjeet Shivhare, Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Arups 3197 F Bhopal ""./ Ita Nos. 62 To 68/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Smt. Sunita Shivhare Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Bdgps 4272 Q Bhopal / (Appellant) / (Respondent)         Assessee By : Shri Dhiraj Ghai, Ca Revenue By : Shri Pd Chougule, Dr $ %&'/Date Of Hearing : 15/03/2018 ! "# $ %&' /Date Of Pronouncement: 16/03/2018 ()*+ "# .//O R D E R , - Per Bench :- This Bunch Of Fourteen Appeals By Two Assessees (Seven Appeals Each) Have Been Filed Against Two Separate Orders Of Learned Commissioner Of Income-Tax (Appeals)-3, Bhopal (Mp) Dated 02.08.2017 In The Case Smt. Sunita Shivhare & Dated 11.08.2017 In The Case Of Shri Ranjeet Shivhare, Arising Out Of Order U/S 271(1)(B) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “The Act”) Framed By The Dcit (Central)-1, Bhopal Imposing Penalty Of Rs.10,000/- Each In Assessment Years 2010-11 To 2016- 17. Since All These Appeals Pertain To The Same Group & The Issue Involved Is Also Identical, All These Appeals Are Decided By This Consolidated Order For The Sake Of Convenience.

For Appellant: Shri Dhiraj Ghai, CAFor Respondent: Shri PD Chougule, DR
Section 132Section 142(1)Section 153Section 271(1)(b)Section 273B