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)

Trac Media Pvt. Ltd., Chennai vs. ACIT, CC-20(1), Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 3149/CHNY/2019[2016-17]Status: DisposedITAT Chennai10 Feb 2022AY 2016-17

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.3149/Chny/2019 िनधा"रण वष"/Assessment Year: 2016-17 M/S. Trac Media Pvt. Ltd., The Assistant Commissioner Of No. 35, 3Rd Main Road, Kalaimagal Income Tax, Nagar, Ekkattuthangal, Corporate Circle 20(1), Vs. Chennai 600 032. Chennai 600 034. [Pan:Aadct4184G] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Anand, Advocate ""थ" की ओर से/Respondent By : Shri R. Clement Ramesh Kumar, Cit सुनवाई की तारीख/ Date Of Hearing : 01.02.2022 घोषणा की तारीख /Date Of Pronouncement : 10.02.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 9, New Delhi Dated 09.08.2019 Relevant To The Assessment Year 2016-17. The Assessee Has Raised Following Grounds: “1. The Order Of The Commissioner Of Income Tax (Appeals) Is Contrary To Law, Facts Of The Case & Material On Record. 2. The Commissioner Of Income Tax (Appeals) & The Assessing Officer Failed To Afford Sufficient Opportunity Of Being Heard To The Appellant Before Passing Exparte Order.

For Appellant: Shri D. Anand, AdvocateFor Respondent: Shri R. Clement Ramesh Kumar, CIT
Section 131Section 142(1)Section 143(2)Section 144Section 68

Balasaheb Kashinath Kamble, Pune vs. Deputy Commissioner of Income-Tax, Circle - 8, Pune

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

ITA 1792/PUN/2018[2015-16]Status: DisposedITAT Pune02 Feb 2022AY 2015-16

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Ripote Dipak Pandurang, Am आयकर अपील सं. / Ita No.1792/Pun/2018 िनधा"रण वष" / Assessment Year : 2015-16 Balasaheb Kashinath Kamble, Sr.No.24/1B, Flat No.04, Aksha Apartment, Pimple Nilakh, Pune- 411027. .......अपीलाथ" / Appellant Pan : Aqzpk0209N बनाम / V/S. Dcit, Circle- 8, ……""यथ" / Respondent Pune. Assessee By : Shri Abhay Shastri Revenue By : Shri Piyush Kumar Singh Yadav सुनवाई क" तारीख / Date Of Hearing : 31.01.2022 घोषणा क" तारीख / Date Of Pronouncement : 02.02.2022 आदेश / Order Per Partha Sarathi Chaudhury, Jm: This Appeal Preferred By The Assessee Emanates From The Order Of The Ld. Cit(A)- 6, Pune Dated 10.09.2018 For The Assessment Year 2015-16 As Per The Following Grounds Of Appeal On Record :- “1. The Learned Cit (A) Has Erred In Adding Back Agricultural Income Without Giving A Speaking Order. 2. The Learned Cit (A) Has Erred In Ignoring The Fact That The Assessee Along With His Wife & Brothers Holds 22 Acres Of Land Yielding Agricultural Income From The Same Which Was Accounted For In The Said A.Y. 2015-16. 3. The Learned Cit (A) Failed To Appreciate That The Assessing Officer Has Added Back Item Treating Them As Unexplained Cash Deposits & Not Agricultural Income. 4. The Learned Cit(A) Failed To Consider The Various Documents Produced Such As 7/12 Extract To Determine The Agricultural Income.”

For Appellant: Shri Abhay ShastriFor Respondent: Shri Piyush Kumar Singh Yadav
Section 142(1)Section 144Section 271(1)(b)

Shri. Girish Chunilal Shah, Mumbai vs. ITO 19(1)(3) Mumbai, Mumbai

In the result, the appeal filed by the assessee is hereby allowed

ITA 1370/MUM/2020[2011-12]Status: DisposedITAT Mumbai30 Nov 2021AY 2011-12

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm (Hearing Through Video Conferencing Mode) आयकर अपील सं/ I.T.A. No. 1370/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2011-12) Mr. Giresh C. Shah बिधम/ Ito-19(1)(3) Matru Mandir, 2Nd Floor, 114/124 Lokhndwala Building, Vs. 3Rd Floor, Room No.55, Tardeo Road, Mumbai- Bhandari Street, Near Gold 400007. Deval Temple, Mumbai- 400004. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Amgps5234C (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: None Revenue By: Shri T. S. Khalsa (Dr) सुनवाई की तारीख / Date Of Hearing: 22/09/2021 घोषणा की तारीख /Date Of Pronouncement: 30/11/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 29.03.2019 Passed By The Commissioner Of Income Tax (Appeals)-30, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2011-12 Wherein The Penalty Levied By The Ao In View Of The Provisions U/S 271(1)(B) Of The Act Has Been Ordered To Be Confirmed. 2. The Assessee Has Raised The Following Grounds: - “1. The Order Of The Income Tax Officer & Cit(A) Is Bad In Law.

For Appellant: NoneFor Respondent: Shri T. S. Khalsa (DR)
Section 142(1)Section 144Section 147Section 271(1)(b)