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)

DCIT, New Delhi vs. Sh. Vipin Kumar Agarwal, New Delhi

In the result, the appeal filed by the Revenue is dismissed

ITA 4255/DEL/2014[2006-07]Status: DisposedITAT Delhi17 Oct 2017AY 2006-07

Bench: Sh.R.K.Panda & Sh.K.N.Charydcit, Vs Vipin Kumar Agarwal, Central Circle- 240, Okhla Industrial Estate, 2, New Delhi. Phase-Iii, New Delhi-110020. Pan-Aaepa5202G (Appellant) (Respondent) Appellant By None Respondent By Sh. Amit Jain, Sr.Dr Date Of Hearing 16.10.2017 Date Of Pronouncement 17.10.2017 Order Per K.N.Charythis Appeal Of The Revenue, Being Aggrieved By The Order Dated 23.05.2014 In Appeal No.137/2013-14 Passing By The Commissioner Of Income Tax (Appeal) [In Short “Cit(A)”]-Iii, New Delhi For Assessment Year 2006-07, Is On The Following Grounds:- 1. “On The Facts & In The Circumstances Of The Case, The Cit(A) Has Erred In Law & On Facts In Deleting The Penalty Of Rs.4,68,190/- Imposed By The Ao U/S 271(1)(C) Of The Income Tax Act, 1961. 2. On The Facts & In The Circumstances Of The Case, The Cit(A Has Erred In Law & On Facts In Relying Upon The Judgement In The Case Of Commissioner Of Income Tax Vs Reliance Petroproducts Pvt. Ltd. In 322 Itr 158 (Sc) As The Facts Of The Case Are Totally Different From The Instant Case. 3. The Order Of The Cit(A) Is Erroneous & Is Not Tenable On Facts In Law. 4. The Appellant Craves Leave To Add, Alter Or Amend Any/All Of The Grounds Of Appeal Before Or During The Course Of The Hearing Of The Appeal.” 2. Briefly Stated Facts Are That Scrutiny Of The Return Of Income Of The Assessee Under Section 143(3) Of The Income Tax Act, 1961 (In Short “Act”), The Ao Made Certain Additions. In Appeal, Ld.Cit(A) Sustained The Addition Of Rs.13,90,937/-

Section 143(3)Section 271(1)(c)Section 40(1)(i)Section 40A(3)