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)

Jagruti Bharat Shah, Mumbai vs. Income Tax Officer-19(3)(1), Mumbai

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

ITA 8226/MUM/2025[2011-12]Status: DisposedITAT Mumbai29 Jan 2026AY 2011-12

Bench: Shri Sandeep Singh Karhail & Shri Girish Agrawalassessment Year: 2011-12 Jagruti Bharat Shah Income Tax Officer-19(3)(1), 83 30 Rekha Bldg, Mumbai Vs. Rak Road, Wadala, Mumbai - 400031 [Pan: Aaqps1580D] (Appellant) (Respondent) Present For: Assessee : Mr. Dhaval Shah & Ms. Tisha Bagh, Advocates Revenue : Shri Pravin Salunkhe, Sr. Dr. Date Of Hearing : 28.01.2026 Date Of Pronouncement : 29.01.2026 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Addl/Jcit (A)-2, Lucknow, Vide Order No. Itba/Apl/S/250/2025- 26/1081211974(1), Dated 26.09.2025, Passed Against The Assessment Order By Income Tax Officer, Ward-19(2)(1), Mumbai, U/S. 147 R.W.S 143(3) Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 26.12.2018 For Assessment Year 2011-12. 2. Grounds Taken By Assessee Are Reproduced As Under: “1. The Ld. Cit(A) Has Erred In Law & In Facts In Passing The Order U/S. 250 Of The Act Dated 26.09.2025 Dismissing The Appeal Filed By The Appellant & Confirming The Order Passed By The Ld. Ao U/S 143(3) R.W.S 147 Of The Act Which Is Bad & Invalid In The Eyes Of Law. 2. The Ld. Cit(A) Has Erred In Law & In Facts In Not Appreciating That The Assessment Order Passed Is In Violation Of Principles Of Natural Justice.

For Appellant: Mr. Dhaval Shah and Ms. Tisha Bagh, AdvocatesFor Respondent: Shri Pravin Salunkhe, Sr. DR
Section 143(3)Section 147Section 234ASection 250Section 271(1)(c)Section 68Section 69C

Income Tax Officer, Ward-4, Ambala, Ambala Cantt vs. Surinder Kumar Verma, Ambala

The appeal stand dismissed

ITA 447/CHANDI/2024[2010-11]Status: DisposedITAT Chandigarh28 Jan 2026AY 2010-11

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं. / Ita No.447/Chandi/2024 (िनधा"रण वष" / Assessment Year: 2010-11) Ito Ward-4 Shri Surinder Kumar Verma Aaykar Bhawan, B.C. Bazar बनाम/ Vs. H. No. 38, Kabir Nagar Ambala Cantt., Haryana - 133001 Ambala Cantt., Haryana - 133001 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acspv-3298-B (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : None ""थ"कीओरसे/Respondent By : Sh. Dr. Ranjit Kaur (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 27.01.2026 घोषणाकीतारीख /Date Of Pronouncement : 28.01.2026 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2010-11 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 24-02-2024 Deleting Penalty Of Rs.70,53,886/- As Levied By Ld. Assessing Officer [Ao] U/S 271(1)(C) Of The Act Vide Order Dated 21-09-2015. At The Time Of Hearing, None Appeared For Assessee. The Ld. Sr. Dr Pleaded For Restoration Of Penalty As Levied By Ld. Ao. Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under. 1

For Appellant: NoneFor Respondent: Sh. Dr. Ranjit Kaur (Addl. CIT) – Ld. Sr. DR
Section 144Section 271Section 271(1)(c)Section 274Section 68