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)

Dahisar Sports Foudation, Mumbai vs. ITO (E) (I), Mumbai

In the result, this appeal filed by the assessee stands allowed

ITA 7046/MUM/2016[2011-12]Status: DisposedITAT Mumbai09 Nov 2017AY 2011-12

Bench: Shri Shamim Yahyaआयकर अपील सं./I.T.A. No. 7046/Mum/2016 ("नधा"रण वष" / Assessment Year: 2011-12) Dahisar Sports Foundation Ito (Exemptions)-(1), Dahisar Sports Foundation Ground, Piramal Chambers, Lalbaug, बनाम/ Opp. Viday Mandir School, Parel, Mumbai-400 012 Vs. C. S. Road, Dahisar (E), Mumbai-400 068 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaatd 3769 P (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Vipul Joshi ""यथ" क" ओर से/Respondent By : Ms. Hemalatha सुनवाई क" तार"ख / : 31.08.2017 Date Of Hearing घोषणा क" तार"ख / : 09.11.2017 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Assessee Is Directed Against The Order By The Commissioner Of Income Tax (Appeals)-1, Mumbai (‘Cit(A)’ For Short) Dated 08.09.2016 & Pertains To The Assessment Year (A.Y.) 2011-12. 2. The Grounds Of Appeal Read As Under: 1.1 The Learned Commissioner Of Income - Tax (Appeals) - 1, Mumbai, ["Ld. C1T (A)"] Erred In Confirming The Action Of The A.O. In Denying The 2 Dahisar Sports Foundation Vs. Ito (E) Benefit Of Exemption U/S. 11 Of The Income - Tax Act, 1961 ["The Act"] To The Appellant. 1.2 The Ld. Cit (A) Erred In Confirming The Action Of The A.O. In Holding That The Case Of The Appellant Was Covered By The Proviso To Section 2 (15) Of The Act. 1.3 It Is Submitted That In The Facts & The Circumstances Of The Case & In Law, No Denial Of Exemption Was Called For. 2 Without Prejudice To The Above, In The Alternative, Assuming - But Not Admitting - That Some Addition Was Called For, The Computation Of The Same Is Not In Accordance With The Law, Is Arbitrary & Excessive.

For Appellant: Shri Vipul JoshiFor Respondent: Ms. Hemalatha
Section 11Section 13(8)Section 2Section 2(15)Section 271

ACIT 3(1)(2), Mumbai vs. Edelcap Securities Ltd, Mumbai

In the result, the appeal filed by the revenue is hereby ordered to be dismissed

ITA 4263/MUM/2016[2011-12]Status: DisposedITAT Mumbai09 Nov 2017AY 2011-12

Bench: Shri Rajendra, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.4263/Mum/2016 (निर्धारण वर्ा / Assessment Year: 2011-12) Edelcap Securites Ltd. 14Th Acit 3(1)(2) बिधम/ R.No. 607, Aayakar Bhavan Floor, Express Tower, Vs. Nariman Point Mumbai Mumbai Pin:400020 Pin:400021 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabce9000A (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Saurabh Deshpande ( Dr) Assessee By: Shri Rajan Vora सुनवाई की तारीख / Date Of Hearing: 26.10.2017 घोषणा की तारीख /Date Of Pronouncement: 09.11.2017 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 16.03.2016, Passed By The Commissioner Of Income Tax (Appeals)-8 Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The Ay.2011- 12. 2. The Revenue Has Raised The Following Grounds:- “On The Facts & Circumstances Of The Case & In Law, The Cit(A) Erred In Deleting The Addition Of Rs.5,20,75,140/- Made By Assessing Officer On Account Of Mark To Market Loss Claimed By The Assessee In Derivative Transactions Without Appreciating The Fact That The Loss Claimed On The Basis Of Value Of Derivative As On 31St March Is Merely A Notional Loss & The Actual Loss Or The A.Y. 2011-12

For Appellant: Shri Rajan VoraFor Respondent: Shri Saurabh Deshpande ( DR)
Section 142(1)Section 143(2)Section 14A