Section 271(1)(c) of the Income Tax Act

The decision most relied on for Section 271(1)(c) is CIT v. Manjunatha Cotton & Ginning Factory (359 ITR 565), cited in 2,590 of the 25,141 judgments on BharatTax that turn on this section.

Leading authorities on Section 271(1)(c)

CIT v. Manjunatha Cotton & Ginning Factory
359 ITR 565 · 2013 · High Court
2,590
citing judgments

A penalty notice issued under section 274 read with section 271(1)(c) is invalid if it fails to specify whether the penalty proceedings are initiated for concealment of income or for furnishing inaccurate particulars of income. This non-specification vitiates the penalty proceedings.

CIT v. Reliance Petroproducts Pvt. Ltd.
322 ITR 158 · 2010 · Supreme Court
2,228
citing judgments

Penalty under Section 271(1)(c) for furnishing inaccurate particulars or concealment of income is not automatically leviable if the assessee has made a full disclosure of all particulars and the addition or disallowance arises from a difference of opinion.

Godrej & Boyce Mfg. Co. Ltd. v. DCIT
328 ITR 81 · 2010 · High Court
1,183
citing judgments

Rule 8D, for computing disallowance under Section 14A for expenses related to exempt income, applies from Assessment Year 2008-09 onwards; for prior years, a reasonable disallowance must be made. The disallowance under Section 14A cannot exceed the actual exempt income earned.

CIT v. SSA’s Emerald Meadows
73 Taxmann.com 248 · 2016 · Supreme Court
953
citing judgments

A notice issued under Section 274 read with Section 271(1)(c) is invalid if it fails to specify whether penalty proceedings are for concealment of particulars of income or furnishing inaccurate particulars of income. Such lack of specificity vitiates the penalty proceedings.

Ashok Pai v. CIT
292 ITR 11 · 2007 · Supreme Court
812
citing judgments

“Concealment of particulars of income” and “furnishing inaccurate particulars of income” are two distinct offences under Section 271(1)(c) of the Income Tax Act. A penalty cannot be levied under one limb if the show cause notice or basis for penalty specifies the other, as this constitutes a complete variance in the reasons for assuming jurisdiction.

CIT v. SSA’s Emerald Meadows
73 Taxmann.com 241 · 2016 · High Court
791
citing judgments

A penalty notice under section 271(1)(c) read with section 274 of the Income Tax Act is invalid if it fails to specify whether the penalty is for concealment of income or for furnishing incorrect particulars of income.

CIT v. Jet Airways (I) Ltd.
331 ITR 236 · 2011 · High Court
694
citing judgments

The Assessing Officer loses jurisdiction and the entire reassessment becomes invalid if no addition is made in respect of the income that formed the basis of the reopening. Explanation 3 to Section 147 does not permit assessing other escaped income unless an addition is made for the original income forming the reason to believe.

Mr. Mohd. Farhan A. Shaikh v. ACIT
434 ITR 1 · 2021 · High Court
672
citing judgments

A penalty notice issued under section 274 read with section 271(1)(c) is invalid if it fails to specify the exact charge by not striking off the irrelevant limb (concealment of income or furnishing inaccurate particulars of income). Such an omnibus or vague notice renders the penalty proceedings bad in law, and any penalty imposed on its basis is liable to be quashed.

Empire Jute Co. Ltd. v. CIT
124 ITR 1 · 1980 · Supreme Court
622
citing judgments

Expenditure is classified as revenue or capital based on its practical business effect, necessity, or expediency, rather than solely on the juristic classification of rights; an enduring benefit does not automatically make an expenditure capital if it facilitates trading operations or business efficiency.

Dilip N. Shroff v. JCIT
291 ITR 519 · 2007 · Supreme Court
565
citing judgments

A penalty notice issued under Section 271(1)(c) is invalid if the Assessing Officer fails to strike out the inapplicable limb (concealment or furnishing inaccurate particulars) from the standard proforma, indicating non-application of mind. The initial burden of proving concealment or inaccurate particulars rests on the Revenue.

Judgments on Section 271(1)(c)

Gopi Krishna Panda, Bhubaneswar vs. ITO, Ward-2(3), Bhubaneswar

In the result, appeal filed by the assessee is allowed

ITA 229/CTK/2017[2009-10]Status: DisposedITAT Cuttack29 Nov 2017AY 2009-10

Bench: Shri N.S.Sainiआयकर अपीऱ सं./Ita No.229/Ctk/2017 (नििाारण वषा / Assessment Year :2009-2010) Gopi Krishna Panda, Vs. Ito, Ward-2(3), Assistant Professor, Bhubaneswar Regional College Of Management Chandrasekharpur, Bhubaneswar-753023 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aldpp 5522 G (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. निर्ााररती की ओर से /Assessee By : Shri B.K.Mohapatra, Ar राजस्व की ओर से /Revenue By : Shri D.K.Pradhan, Dr सुनवाई की तारीख / Date Of Hearing : 28/11/2017 घोषणा की तारीख/Date Of Pronouncement 29/11/2017 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Cit(A)-2,Bhubaneswar, Dated 21.02.2017. 2. The Sole Ground Of Appeal Taken By The Assessee That The Cit(A) Was Not Justified In Confirming The Levy Of Penalty Of Rs.15,00,000/- U/S.271(1)(C) Of The Act 3. At The Outset, Ld Authorised Representative Of The Assessee Submitted That In The Order Passed U/S.271(1)(C) Of The Act Dated 30.12.2015, The Ao Has Observed As Under :- “Accordingly, Penalty Proceeding U/S.271(1)(C) Of The Act Was Initiated For Concealment Of Particulars Of Income & Furnishing Inaccurate Particulars Of Income.” He Further Submitted That While Levying The Penalty Finally In The Order, The Assessing Officer Observed As Under :-

For Appellant: Shri B.K.Mohapatra, ARFor Respondent: Shri D.K.Pradhan, DR
Section 271Section 271(1)(c)Section 274

Smt. Purnima Sahoo, Cuttack vs. ITO, Angul Ward, Angul

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

ITA 219/CTK/2017[2013-14]Status: DisposedITAT Cuttack29 Nov 2017AY 2013-14

Bench: Shri N.S.Sainiआयकर अपीऱ सं./Ita No.219/Ctk/2017 (नििाारण वषा / Assessment Year :2013-2014) Smt. Purnima Sahoo, Vs. Ito, Angul Ward, Angul Prop-M/S. Radhika Badabazar, Talcher Orissa स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aglps 3658 R (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. निर्ााररती की ओर से /Assessee By : Shri S.N.Sahu, Ar राजस्व की ओर से /Revenue By : Shri D.K.Pradhan, Dr सुनवाई की तारीख / Date Of Hearing : 29/11/2017 घोषणा की तारीख/Date Of Pronouncement 30/11/2017 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Cit(A)-2, Bhubaneswar, Dated 23.02.2017. 2. The Sole Grievance Of The Assessee In This Appeal Is That The Cit(A) Erred In Confirming The Order Of The Ao Disallowing Discount & Commission Paid Rs.15,40,933/- & Non-Disclosure Of Credit Notes Of Rs.15,401/-. 3. At The Time Of Hearing, The Ar Of The Assessee Has Made No Submission On The Ground Of Non-Disclosure Of The Credit Notes Of Rs.15,401/- Which Was Added To The Income Of The Assessee, Hence, The Same Is Dismissed For Want Of Prosecution. 4. With Regard To Disallowance Of Discount & Commission Of Rs.15,40,933/-, It Is Observed That The Ao Has Stated That Cash Discount Was Being Allowed By The Assessee To The Customers On The Basis Of Sale Invoice Themselves. However, The Assessee Has Further Claimed Cash

For Appellant: Shri S.N.Sahu, ARFor Respondent: Shri D.K.Pradhan, DR

Veena Kothari, Kolkata vs. DCIT, Cir-44, Kolkata

In the result, appeal of assessee is allowed

ITA 677/KOL/2016[2007-08]Status: DisposedITAT Kolkata29 Nov 2017AY 2007-08

Bench: Shri S. S. Viswanethra Ravi, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.677/Kol/2016 (िनधा"रणवष" / Assessment Year: 2007-08) Veena Kothari Vs. Dcit, Cir-44, Kolkata 86, Canning Street, Kolkata – 1. 3 No., Govt. Place(W), Kolkata – 1. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Afypk 7105 H (Appellant) .. (Respondent) Appellant By : Shri Anil Kochar, Advocate Respondent By : Shri David Z. Chownghthu, Addl. Cit सुनवाईकीतारीख/ Date Of Hearing : 17/10/2017 घोषणाकीतारीख/Date Of Pronouncement : 29/11/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2007-08, Is Directed Against The Order Passed By The Ld Commissioner Of Income Tax (Appeals)-13,Kolkata,In Appeal No.867/Cit(A)-13/Kol/Cir- 44/2014-15, Dated 22.01.2016,Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S.271(1)(C) Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’), Dated 22.03.2013. 2.The Assessee Has Raised The Following Grounds Of Appeal: “1. For That The Ld. Cit(A) Erred In Dismissing The Appeal Of The Appellant Submitted Against The Order Of The Ao Who Had Imposed Penalty Of Rs.31,780/- U/S 271(1)(C) Of The Act. 2. For That The Ld. Cit(A) Ought To Have Appreciated The Factual Aspect Of The Case & The Submissions Made By The Appellant In The Course Of Hearing & Ought Not To Have Confirmed The Levy Of Penalty Imposed By The Ao U/S 271(1)(C). 3. For That The Ld. Cit(A) Ought To Have Held That The Proceedings Initiated U/S U/S 271(1)(C) By The Ao By Way Of Notice Issued By Him

For Appellant: Shri Anil Kochar, AdvocateFor Respondent: Shri David Z. Chownghthu, Addl. CIT
Section 271(1)(c)Section 274

S. H. Mumtazuddin Times Pvt. Ltd., Kolkata vs. DCIT, Cir-5(1), Kolkata

In the result, the appeals filed by the assessee (in ITA No

ITA 652/KOL/2016[2011-2012]Status: DisposedITAT Kolkata29 Nov 2017AY 2011-2012

Bench: Shri S. S. Viswanethra Ravi, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.651 & 652/Kol/2016 (िनधा"रणवष" / Assessment Year: 2011-12) S.H. Mumtazuddin Times (P) Vs. Dcit, Cir-5(1), Kolkata. Ltd. Aaykarbhawan, P-7, 4, Radha Bazar Street, Kolkata Chowringhee Square, – 700 001. Kolkata – 700 069. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aakcs 6915 K (Appellant) .. (Respondent) Appellantby : Shri Manish Tiwari, Advocate Respondent By :Shri Arindam Bhattacharjee, Addl. Cit सुनवाईकीतारीख/ Date Of Hearing : 16/10/2017 घोषणाकीतारीख/Date Of Pronouncement : 29/11/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Year 2011-12, Are Directed Against The Order Passed By The Ld Commissioner Of Income Tax (Appeals)-2,Kolkata, Which In Turn Arise Out Of Assessment Orders Passed By The Assessing Officer U/S 143(3)/271(1)(C) Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’). 2. Since, These Two Appeals Relate To The Same Assessee, Same Assessment Year & Identical Issues Are Involved, Therefore, These Have Been Clubbed & Heard Together & A Consolidated Order Is Being Passed For The Same Of Convenience & Brevity. 3. At The Outset, Itself The Ld.Ar Pointed Out That The Impugned Order Is An Ex Parte Order & Therefore, The Assessee Could Not Plead His Case Before The Ld. Cit(A), He Prayed That The Matter May Be Remanded Back To The File Of The Cit(A) For Fresh Adjudication. The Ld. Dr Did Not Have Any Objection If The S.H. Mumtazuddin Times (P) Ltd.

For Appellant: Shri Manish Tiwari, AdvocateFor Respondent: Shri Arindam Bhattacharjee, Addl. CIT
Section 143(3)

S. H. Mumtazuddin Times Pvt. Ltd., Kolkata vs. DCIT, Cir-5(1), Kolkata

In the result, the appeals filed by the assessee (in ITA No

ITA 651/KOL/2016[2011-2012]Status: DisposedITAT Kolkata29 Nov 2017AY 2011-2012

Bench: Shri S. S. Viswanethra Ravi, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.651 & 652/Kol/2016 (िनधा"रणवष" / Assessment Year: 2011-12) S.H. Mumtazuddin Times (P) Vs. Dcit, Cir-5(1), Kolkata. Ltd. Aaykarbhawan, P-7, 4, Radha Bazar Street, Kolkata Chowringhee Square, – 700 001. Kolkata – 700 069. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aakcs 6915 K (Appellant) .. (Respondent) Appellantby : Shri Manish Tiwari, Advocate Respondent By :Shri Arindam Bhattacharjee, Addl. Cit सुनवाईकीतारीख/ Date Of Hearing : 16/10/2017 घोषणाकीतारीख/Date Of Pronouncement : 29/11/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Year 2011-12, Are Directed Against The Order Passed By The Ld Commissioner Of Income Tax (Appeals)-2,Kolkata, Which In Turn Arise Out Of Assessment Orders Passed By The Assessing Officer U/S 143(3)/271(1)(C) Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’). 2. Since, These Two Appeals Relate To The Same Assessee, Same Assessment Year & Identical Issues Are Involved, Therefore, These Have Been Clubbed & Heard Together & A Consolidated Order Is Being Passed For The Same Of Convenience & Brevity. 3. At The Outset, Itself The Ld.Ar Pointed Out That The Impugned Order Is An Ex Parte Order & Therefore, The Assessee Could Not Plead His Case Before The Ld. Cit(A), He Prayed That The Matter May Be Remanded Back To The File Of The Cit(A) For Fresh Adjudication. The Ld. Dr Did Not Have Any Objection If The S.H. Mumtazuddin Times (P) Ltd.

For Appellant: Shri Manish Tiwari, AdvocateFor Respondent: Shri Arindam Bhattacharjee, Addl. CIT
Section 143(3)