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)

Lalji Yadav, Lucknow vs. ITO-1(2), Lucknow

In the result, the appeal of the assessee is allowed

ITA 729/LKW/2024[2017-18]Status: DisposedITAT Lucknow18 Jul 2025AY 2017-18

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Lalji Yadav, Vs. Ito-1(2), 3/152A, Vivek Khand, Gomti Lucknow (New) Nagar, Lucknow, U.P.-226010 Pan:Aakpy2220J (Appellant) (Respondent) Assessee By: Sh. P.K. Kapoor, C.A. Revenue By: Sh. Amit Kumar, Dr Date Of Hearing: 06.05.2025 Date Of Pronouncement: 18.07.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 Confirming The Penalty Levied Under Section 272A(1)(D) Levied By The Ito, Ward-9(1)(1), Lucknow Dated 27.01.2022. The Grounds Of Appeal Are As Under:- “1. Because The Assessment Order Dated 10.12.2019 Passed U/S 144 Of The Income Tax Act, 1961, Giving Rise To The Penalty Proceedings U/S 272A(1)(D) Of The Act, Has Been Set Aside By The Hon'Ble Income Tax Appellate Tribunal, Lucknow Bench 'A' Vide Order Dated 13.11.2024 Passed In Ita No. 448/Lkw/2024, Restoring The Matter To The Assessing Officer For Passing The Assessment Order Afresh, The Impugned Order Dated 09.10.2024 Passed By Ld. "Cit(A)" As Well As Penalty Order U/S 272A(1)(D) Do Not Survive & Consequently The Order Passed By The Lower Authorities Deserve To Be Set Aside. 2. Because The Order Appealed Against Is Contrary To Facts, Law & Principles Of Natural Justice. 3. The Appellant Craves Leave To Add, Delete Or Modify Any Of The Grounds Before Or At The Time Of Hearing Of Appeal.”

For Appellant: Sh. P.K. Kapoor, C.AFor Respondent: Sh. Amit Kumar, DR
Section 139(1)Section 142(1)Section 144Section 250Section 272A(1)(d)Section 69A

Shshank Varshne, Chandausi vs. ITO, Chandausi

In the result, both the appeals of the assessee are partly allowed

ITA 2116/DEL/2025[2013-14]Status: DisposedITAT Delhi16 Jul 2025AY 2013-14

Bench: Shri Anubhav Sharma & Shri Manish Agarwalita No.4220/Del/2024 (Assessment Year 2013-14) Shshank Varshney, Income Tax Officer, Jyoti Seets, Brahm Bazar, Ward-2(5), Dist:-Sambhal, Vs. Chandausi. Uttar Pradesh-244412. Pan-Cmcpk9337C (Appellant) (Respondent) Assessee By Ca Ramsha Department By Shri Dheeraj Kumar Jaiswal, Sr. Dr Date Of Hearing 30/06/2025 Date Of Pronouncement 16/07/2025 O R D E R Per Manish Agarwal, Am: These Two Appeals Are Filed By The Assessee Against Two Separate Orders Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (‘The Ld. Cit” In Short) Arising Out Of The Order Of Assessing Officer Passed U/S 147 R.W.S 144 & 271F Of The Income Tax Act, 1961 (The Act) For Assessment Year 2013-14. 2. Brief Facts Of The Case Are That The Assessee Has Filed The Appeal Delayed By 592 Days Before The Ld. Cit(A) Against The Order U/S 147 R.W.S. 144 Of The Act & Also Filed Appeal Delayed By 427 Days Against Penalty Order U/S 271F Of The Act. The Ld. Cit(A) Has Not Admitted Both The Appeals Of The Assessee On Account Of Delay By Not Condoning The Delay In Filing The Appeals. Shashank Varshne Vs. Ito 3. Against These Separate Orders Of Ld. Cit(A), The Assessee Is In Appeal Before Us By Stating That The Assessee Has Not Received The Notices Issued By The Ao As Well As Cit(A) As The Notices Were Stated To Have Being Sent On The Email Address” Chinto1411988@Gmail.Com Which Was Neither Belong To Assessee Nor His Earlier Counsel. As The Notices Issued From Time To Time Were Not Received By The Assessee, The Necessary Compliance Could Not Be Made Before The Lower Authorities. Assessee Also Filed An Affidavit In Support Of The Contentions Raised For The Delay Before The Ld. Cit(A) Which Reads As Under: Shashank Varshne Vs. Ito

Section 147Section 271F