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)

Amc Fuels Limited., Kolkata vs. ITO, Ward-7(!), Kolkata.

In the result, the captioned appeals of the assessee are treated as allowed for statistical purposes

ITA 739/KOL/2023[2012-13]Status: DisposedITAT Kolkata12 Dec 2023AY 2012-13

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.737,738&739/Kol/2023 Assessment Year: 2012-13 Acm Fuels Ltd…………………...................................................……Appellant C/O Ca Vivek More, 30, Jadunath Dey Road, Anupam Tower, 2Nd Floor, Kolkata-700012. [Pan: Aaeca2685C] Vs. Ito, Ward-7(1), Kolkata..............................……........……...…..…..Respondent Appearances By: Shri S. M. Surana, Advocate & Sunil Surana, Ar, Appeared On Behalf Of The Appellant. Shri B. K. Singh, Jcit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 12, 2023 Date Of Pronouncing The Order : December 12, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Of Even Date 06.06.2023 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Ita No.737/Kol/2023 Has Been Preferred By The Assessee Against The Quantum Additions Confirmed By The Cit(A), Whereas, Ita No.738/Kol/2023 Has Been Preferred By The Assessee In Relation To Penalty Levied By The Assessing Officer U/S 271(1)(B) Of The Act Which Has Been Further Confirmed By The Cit(A) By The Impugned Order & Ita

Section 250Section 271(1)(b)Section 271(1)(c)

Acm Fuels Limited., Kolkata vs. ITO, WD-7(1), Kolkata.

In the result, the captioned appeals of the assessee are treated as allowed for statistical purposes

ITA 738/KOL/2023[2012-13]Status: DisposedITAT Kolkata12 Dec 2023AY 2012-13

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.737,738&739/Kol/2023 Assessment Year: 2012-13 Acm Fuels Ltd…………………...................................................……Appellant C/O Ca Vivek More, 30, Jadunath Dey Road, Anupam Tower, 2Nd Floor, Kolkata-700012. [Pan: Aaeca2685C] Vs. Ito, Ward-7(1), Kolkata..............................……........……...…..…..Respondent Appearances By: Shri S. M. Surana, Advocate & Sunil Surana, Ar, Appeared On Behalf Of The Appellant. Shri B. K. Singh, Jcit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 12, 2023 Date Of Pronouncing The Order : December 12, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Of Even Date 06.06.2023 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Ita No.737/Kol/2023 Has Been Preferred By The Assessee Against The Quantum Additions Confirmed By The Cit(A), Whereas, Ita No.738/Kol/2023 Has Been Preferred By The Assessee In Relation To Penalty Levied By The Assessing Officer U/S 271(1)(B) Of The Act Which Has Been Further Confirmed By The Cit(A) By The Impugned Order & Ita

Section 250Section 271(1)(b)Section 271(1)(c)

Acm Fuels Ltd., Kolkata vs. ITO, WD-7(1), Kolkata

In the result, the captioned appeals of the assessee are treated as allowed for statistical purposes

ITA 737/KOL/2023[2012-13]Status: DisposedITAT Kolkata12 Dec 2023AY 2012-13

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A Nos.737,738&739/Kol/2023 Assessment Year: 2012-13 Acm Fuels Ltd…………………...................................................……Appellant C/O Ca Vivek More, 30, Jadunath Dey Road, Anupam Tower, 2Nd Floor, Kolkata-700012. [Pan: Aaeca2685C] Vs. Ito, Ward-7(1), Kolkata..............................……........……...…..…..Respondent Appearances By: Shri S. M. Surana, Advocate & Sunil Surana, Ar, Appeared On Behalf Of The Appellant. Shri B. K. Singh, Jcit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 12, 2023 Date Of Pronouncing The Order : December 12, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Of Even Date 06.06.2023 Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Ita No.737/Kol/2023 Has Been Preferred By The Assessee Against The Quantum Additions Confirmed By The Cit(A), Whereas, Ita No.738/Kol/2023 Has Been Preferred By The Assessee In Relation To Penalty Levied By The Assessing Officer U/S 271(1)(B) Of The Act Which Has Been Further Confirmed By The Cit(A) By The Impugned Order & Ita

Section 250Section 271(1)(b)Section 271(1)(c)