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)

Vrindavan Tubes Ltd., Meerut vs. ACIT, Circle-26(2), New Delhi

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

ITA 5425/DEL/2019[2015-16]Status: DisposedITAT Delhi31 Aug 2022AY 2015-16

Bench: Shri C.M. Garg & Shri Pradip Kumar Kediaassessment Year: 2015-16 Vrindavan Tubes Ltd., Vs. Acit, C/O Kashyap & Co., Circle-26(2), 114, Citi Centre, New Delhi. B.B. Road, Meerut. Pan: Aaccv2294C (Appellant) (Respondent) Assessee By : Shri P.S. Kashyap, Fca Revenue By : Shri Anil Kumar Sharma, Sr. Dr Date Of Hearing : 24.08.2022 Date Of Pronouncement : 31.08.2022 Order Per C.M. Garg, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 09.04.2019 Of The Cit(A)-9, New Delhi, Relating To Assessment Year 2015-16. 2. The Grounds Of Appeal Raised By The Assessee Read As Under:- “1. That On Facts & In Law Notice U/S 274 R.W.S 271(1)( C) Of The Act Is Not Maintainable. Ld. Ao Has Given Notice Without Specifying Whether There Is Concealment Of Income Or Assessee Has Furnished Inaccurate Particulars Of Income. The Notice U/S 274 R.W.S 271(1)(C) Is Void Ab Initio. 2. That On Facts & In Law Imposing The Penalty Under Section 271(1)(C ) For Rs. 77,47,664/- Is Totally Wrong, Unjustified & Illegal. The Appellant Had Never Furnished Any Inaccurate Particulars Or Concealed Income At Any Stage Of Assessment Proceedings As Well As In Penalty Proceedings. The Penalty Imposed U/S 271(1)(C) Ought To Be Deleted In Full.”

For Appellant: Shri P.S. Kashyap, FCAFor Respondent: Shri Anil Kumar Sharma, Sr. DR
Section 143(2)Section 143(3)Section 271(1)Section 271(1)(c)Section 274Section 43B