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)

Vinodray Nagjibhai Thacker, Bhuj vs. ITO, Ward-4, Gdham(Bhuj-2)/, Bhuj

In the result, both the appeals filed by the assessee are allowed

ITA 195/RJT/2026[2017-18]Status: DisposedITAT Rajkot03 Jul 2026AY 2017-18

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./Ita No. 194 & 195/Rjt/2026 [ िनधा"रण वष" /Assessment Year : 2016-17 & 2017-18 ] Vinodray Nagjibhai Thacker, बनाम/ Income Tax Officer, Ward - 4, Vs. 12 Zulelal Society, Near Court Gandhidham (Bhuj-2), Bhuj, Bldg, Bhuj, Gujarat-370001 Gujarat-370001 "ायीलेखासं./जीआइआरसं./Pan/Gir No.: Abhpt2539H (Assessee) (Respondent) िनधा"रती की ओर से/Assessee By : Shri Kalpesh Doshi, Ld. Ar राज" की ओर से/Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 09/04/2026 घोषणा की तारीख/Date Of Pronouncement : 03/07/2026 : आदेश /Order : Per, Dr. Arjun Lal Saini, Am: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Years (Ay) 2016-17 & 2017-18, Are Directed Against The Separate Orders Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 15.03.2024 By The National Faceless Appeal Centre (Nfac), Delhi/ Commissioner Of Income Tax (Appeals) [In Short ‘Ld.Cit(A)’] Which In Turn Arise Out Of Separate Assessment Orders Passed By The Assessing Officer (In Short ‘Ao’) U/S 147 R.W.S. 144 Of The Act Dated 28.03.2022 & 29.03.2022, Respectively.

For Appellant: Shri Kalpesh Doshi, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 115BSection 143(2)Section 147Section 148ASection 151Section 234BSection 250Section 271(1)(b)Section 271(1)(c)Section 69

Vinodray Nagjibhai Thacker, Bhuj vs. Income Tax Officer, Ward - 4, Gandhidham (Bhuj - 2), Bhuj

In the result, both the appeals filed by the assessee are allowed

ITA 194/RJT/2026[2016-17]Status: DisposedITAT Rajkot03 Jul 2026AY 2016-17

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./Ita No. 194 & 195/Rjt/2026 [ िनधा"रण वष" /Assessment Year : 2016-17 & 2017-18 ] Vinodray Nagjibhai Thacker, बनाम/ Income Tax Officer, Ward - 4, Vs. 12 Zulelal Society, Near Court Gandhidham (Bhuj-2), Bhuj, Bldg, Bhuj, Gujarat-370001 Gujarat-370001 "ायीलेखासं./जीआइआरसं./Pan/Gir No.: Abhpt2539H (Assessee) (Respondent) िनधा"रती की ओर से/Assessee By : Shri Kalpesh Doshi, Ld. Ar राज" की ओर से/Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 09/04/2026 घोषणा की तारीख/Date Of Pronouncement : 03/07/2026 : आदेश /Order : Per, Dr. Arjun Lal Saini, Am: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Years (Ay) 2016-17 & 2017-18, Are Directed Against The Separate Orders Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 15.03.2024 By The National Faceless Appeal Centre (Nfac), Delhi/ Commissioner Of Income Tax (Appeals) [In Short ‘Ld.Cit(A)’] Which In Turn Arise Out Of Separate Assessment Orders Passed By The Assessing Officer (In Short ‘Ao’) U/S 147 R.W.S. 144 Of The Act Dated 28.03.2022 & 29.03.2022, Respectively.

For Appellant: Shri Kalpesh Doshi, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 115BSection 143(2)Section 147Section 148ASection 151Section 234BSection 250Section 271(1)(b)Section 271(1)(c)Section 69

Gaurav Tripathi, Gorakhpur vs. Dc/ACIT - 1, Gorakhpur

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 187/VNS/2024[2015-2016]Status: DisposedITAT Varanasi30 Jun 2026AY 2015-2016

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2015-16 Gaurav Tripathi, Vs Dc/Acit-1, 296, Rapti Nagar Phase 4, Gorakhpur Chargawan, Gorakhpur, (U.P.) 273001 Pan: Affpt3378G (Appellant) (Respondent) Assessee By: Sh. Sanchit Srivastava, Advocate Revenue By: Sh. Sabayasachi Chakraborty, Sr. Dr Date Of Hearing: 13.05.2026 Date Of Pronouncement: 30.06.2026 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 Dated 28.08.2024, Passed Under Section 250 Of The Income Tax Act, 1961, Wherein The Ld. Cit(A) Has Partly Allowed The Appeal Of The Assessee Against The Orders Passed By The Assessing Officer Of The Assessment Year 2015-16 Under Section 147 R.W.S. 144 R.W.S. 144B Of The Income Tax Act, 1961 On 25.03.2023. The Grounds Of Appeal Are As Under:- “1. That The Order Of Ld. Cit Appeals Dated Was Not In Accordance Of Law & Facts & Was Not Justified In Making Addition Of Rs 11,05,466/- As Unexplained Investment U/S 69 Out Of Rs 64,21,943/-Which Was Made From Legal Sources. 2. That The Order Of Ld. Cit Appeals Was Not In Accordance Of Law & Facts & Was Not Justified In Calculating Tax On Income On Gross Salary Over Rs. 19,82,362/Instead Of Net Salary (After Deductions) On Rs. 14,29,810/-. 3. That The Penalty Proceeding Under Section 271 (1) (C). 271 (1) (B) Maybe Stayed, Till The Disposal Of This Appeal.

For Appellant: Sh. Sanchit Srivastava, AdvocateFor Respondent: Sh. Sabayasachi Chakraborty, Sr. DR
Section 133(6)Section 147Section 148Section 148ASection 250Section 271Section 271(1)(c)Section 69