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)

M/S Stainless International (P) Ltd., Kolkata vs. Ld. I.T.O. Ward 5(1), Kolkata

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

ITA 2085/KOL/2016[2010-11]Status: DisposedITAT Kolkata21 Apr 2017AY 2010-11

Bench: Shri S.S.Viswanethra Ravi, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.2085/Kol/2016 ("नधा"रण वष" / Assessment Year :2010-2011) M/S Stainless International Vs. I.T.O. Ward 5(1) Kolkata, (P) Ltd. 5A, N.C. Dutta P-7, Chowringhee Square, Sarani, Ground Floor, Kolkata-700001 Kolkata-700001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aamcs5299N .. (अपीलाथ" /Appellant) (""यथ" / Respondent) राज"व क" ओर से /Revenue By : Anitabh Bhattacharya, Addl.Cit-Dr "नधा"रती क" ओर से /Assessee By : Gaurav Mathur, Adv. सुनवाई क" तार"ख / Date Of Hearing : 19/04/2017 घोषणा क" तार"ख/Date Of Pronouncement 21/04/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am The Captioned Appeal Filed By The Assessee, Pertaining To The Assessment Year 2010-2011, Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)-2, Kolkata, In Appeal No.170/Cit(A)-2/15-16, Dated 18.08.2016, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S.147/143(3) Of The Income Tax Act 1961, (Hereinafter Referred To As The ‘Act’), Dated 29.03.2015. 2. Brief Facts Of The Case Qua The Assessee Are That The Assessee Is A Private Limited Company & Has Submitted Its Return Of Income On 30.09.2010 Disclosing Total Income Of Rs.2,62,872/-. The Return Of Income Of The Assessee Was Processed U/S 143(1) Of The Act On 16.04.2011. Subsequently, It Has Been Brought To The Notice Of The Assessing Officer That The Assessee Company Had Made Bogus Purchases From 1) Bhagyalaxmi Steel Industries 2) Jineshawar Trading Company 3) Kushal

For Appellant: Gaurav Mathur, AdvFor Respondent: Anitabh Bhattacharya, Addl.CIT-DR
Section 143(1)Section 147Section 148Section 271(1)Section 69C

Arch Builders & Land Developers P.Ltd, Mumbai vs. ITO 9(1)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 3185/MUM/2016[1999-00]Status: DisposedITAT Mumbai21 Apr 2017AY 1999-00

Bench: Shri D. Karunakara Raoफनाभ/ M/S. Arch Builders & Land Ito-9(1)(1), Developers P Ltd., Aayakar Bhavan, Vs. B-35/36, Mangalam, M.K. Road, Mathurdas Road, Kandivali (W), Mumbai – 400 020. Mumbai – 400067. स्थामी रेखा सं./ Pan : Aaaca6906A (अऩीराथी /Appellant) .. (प्रत्मथी / Respondent) अऩीराथी की ओय से / Appellant By : Shri Ajay R Singh & Mr. R.V. Shah प्रत्मथी की ओय से/ Respondent By : Mrs. Beena Santosh, Dr सुनवाई की तायीख / Date Of Hearing : 10.04.2017 घोषणा की तायीख /Date Of Pronouncement : 21.04.2017 आदेश / O R D E R Per D. Karunakara Rao, Am: This Appeal Filed By The Assessee On 5.5.2016 Is Against The Order Of The Cit (A)-20, Mumbai Dated 14.01.2016 For The Assessment Year 1999-2000 In Connection With The Penalty Order Of The Ao U/S 271(1)(C) Of The Act. 2. Referring To The Facts, Ld Ar Submitted That The Assessee Claimed Provision For General Expenses Amounting To Rs. 27.74 Lakhs. In The First Round Of The Proceedings, Ao Disallowed The Assessee’S Claim & Made The Addition. In The First Appellate Proceedings, Cit (A) Enhanced The Assessment & Estimated The Income Of The Assessee @ 10% Of The Turnover. In The Second Appellate Proceedings, The Tribunal Remanded The Whole Issue To The File Of The Ao. In The Second Round Of The Assessment Proceedings, Ao Repeated The Above Addition & The Same Was Confirmed By The Cit (A) This Time. Thus, The Addition Is Now Attained The Finality. Further, Ao Initiated The Penalty Proceedings & Levied The Penalty Of Rs. 9,70,924/- On The Said Addition Of Rs. 27,74,068/-. Cit (A) Confirmed The Same & Therefore, Assessee Is In Appeal Before The Tribunal.

For Appellant: Shri Ajay R Singh & Mr. R.V. ShahFor Respondent: Mrs. Beena Santosh, DR
Section 271(1)(c)

M/S Pearls Intercontinental Ltd., New Delhi vs. DCIT, New Delhi

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

ITA 1883/DEL/2014[1996-97]Status: DisposedITAT Delhi21 Apr 2017AY 1996-97

Bench: Sh. I.C. Sudhir & Sh. O.P. Kantassessment Year: 1996-97 Vs. Dcit, Circle – 14(1), New Delhi M/S. Pearls Intercontinental Ltd., 112-A, Ekta Enclave, New Peera Garhi, New Delhi Pan : Aaacp6925A (Appellant) (Respondent) Appellant By Sh. Sanjay Kapoor, Ca Respondent By Mrs. Veena Joshi, Cit(Dr) Date Of Hearing 23.03.2017 Date Of Pronouncement 21.04.2017 Order Per O.P. Kant, A.M.: This Appeal By The Assessee Is Directed Against Order Dated 22/01/2014 Of Ld. Commissioner Of Income-Tax (Appeals)-Xvii, Laxmi Nagar, Delhi (In Short ‘The Cit-A’), For Assessment Year 1996-97, In Respect Of Penalty Levied Under Section 271(1)(C) Of The Income-Tax Act, 1961 (In Short ‘The Act’). The Grounds Of Appeal Raised Are As Under: 1. The Provisions Of Section 271(1)(C) Read With Section 275 Are Not Applicable At All. 2. There Is Neither Concealment Of Income Nor Appellant Has Filed Inaccurate Particulars Of Income, Thus The Provisions Of Section 271(1)(C) Are Not Applicable At All. 3. Without Prejudice To Ground That No Penalty Is Leviable, Cit(A) Has Erred In Enhancing The Penalty. 4. Bonafide Claim Made, Disallowed In Assessment Proceeding Does Not Attract Penalty At All. 5. The Cit(A) Has Erred In Holding That Appellant Has Not Furnished Any Explanation With Regard To Addition/Disallowance.

Section 139(1)Section 142(1)Section 144Section 263Section 271(1)(C)Section 271(1)(c)Section 275