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)

Deputy Commissioner of Income-Tax, Circle 8, Pune vs. M/S. N.D. Constructions, Pune

In the result, appeal of the Revenue is dismissed

ITA 575/PUN/2020[2013-14]Status: DisposedITAT Pune19 Jul 2022AY 2013-14

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.575/Pun/2020 िनधा"रणवष" / Assessment Year : 2013-14 The Dcit, Cricle-8, Pune. M/S.N.D.Constructions, Vs Shop No.19/20, N.B.Arcase, Near Pcmc School, Main Road, Akurdi, Pune – 411035. Pan: Aagfn 6366 A Appellant/ Assessee Respondent /Revenue Assessee By Shri Saurab Bora –Ar Revenue By Shri Arvind Desai – Dr Date Of Hearing 23/06/2022 Date Of Pronouncement 19/07/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Revenue Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-6, Pune Dated 09.03.2020 Arising Out Of Proceedings Under Section 271(1)(C) Of The Income Tax Act, 1961 For The A.Y. 2013-14. The Revenue Raised The Following Grounds Of Appeal: “1. The Ld. Cit(A) Erred In Passing The Order Both On The Facts & In The Law. 2. The Cit(A) Has Erred In Deleting The Penalty Of Rs. 1,18,96,500/- Levied By The Assessing Officer U/S. 271(L)(C) Of The I. T. Act, 1961. 3. The Cit(A) Has Erred In Deleting The Penalty Ignoring The Fact That The Assessor Has Concealed Income Which Was Subsequently Unearthed In Survey Action. 4. The Cit(A) Has Erred In Deleting The Penalty Ignoring The Fact

Section 133ASection 139(1)Section 143(3)Section 271Section 271(1)(c)

M/S. Vijay Construction, Nashik vs. Assistant Commissioner of Income-Tax, Central Circle -2, Nashik

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

ITA 791/PUN/2019[2012-13]Status: DisposedITAT Pune19 Jul 2022AY 2012-13

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.791/Pun/2019 िनधा"रणवष" / Assessment Year : 2012-13 M/S.Vijay Construction, The Acit, Central Circle- Row House 1, Suyojit Garden, Vs 2, Nashik. Gangapur Road, Sahdev Nagar, Nashik – 422005. Pan: Aagfv 5234 M Appellant/ Assessee Respondent /Revenue Assessee By Shri Pramod Shingte – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 18/07/2022 Date Of Pronouncement 19/07/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-12, Pune For The A.Y. 2012-13 Dated 18.06.2018, Emanating Out Of Order Under Section 271(1)(C) Of The Act, 1961. The Assessee Raised The Following Grounds Of Appeal: “1. On The Facts & In The Circumstances Of The Case & In Law Ld. Commissioner Of Income Tax(Appeals)-12, Pune Erred Inpassing An Ex-Party Order Without Appreciating The Fact That Due To Valid & Sufficient Reasons Your Appellant Could Not Attend The Hearing & Without Considering The Merit Of The Case, Your Appellant Prays For Set Aside The Matter To The Cit (Appeals) In The Interest Of Principal Of Natural Justice.Without Prejudice To The Above Grounds Of Appeal. 2. On The Facts & In The Circumstances Of The Case & In Law Ld.Assessing Officer Has Erred In Wrongly Imposing The Penalty Under Section 271(1)(C) Of The Income Tax Act, 1961

Section 271(1)(c)Section 274

Assistant Commissioner of Income-Tax, Circle - 7, Pune vs. Tirupati Construction, Pune

In the result, appeal of the Revenue is dismissed

ITA 743/PUN/2019[2015-16]Status: DisposedITAT Pune19 Jul 2022AY 2015-16

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.743/Pun/2019 िनधा"रणवष" / Assessment Year : 2015-16 The Assistant M/S.Tirupati Construction, Commissioner Of Income- Vs A/23, Geeta Complex, Tax, Circle-7, Pune. Kasturba Housing Society, Vishrantwadi, Pune – 411015. Pan: Aacft 7552 Q Appellant/ Revenue Respondent /Assessee Assessee By Shri M.R.Shirude – Ar Revenue By Shri Sardar Singh Meena – Dr Date Of Hearing 18/07/2022 Date Of Pronouncement 19/07/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Revenue Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-5, Pune For The A.Y. 2015-16 Dated 22.02.2019, Emanating Out Of Order Under Section 271(1)(C) Of The Act, 1961. The Revenue Raised The Following Grounds Of Appeal: “1. Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld.Cit(A) Was Justified In Deleting The Penalty Levied U/S 271(1)(C) Of Rs.2,96,82,300/-. 2. Whether On The Facts & In The Circumstances Of The Case, The Ld.Cit(A) Was Justified To Hold That The Imposition Of Penalty U/S 271(1)(C) Of The Income Tax Act, 1961 Was Not Justified, Despite The Fact That Had The Case Of Assessee Not Been Covered Under Survey Action, He Neither Would Have Declared The Additional Income Of Rs.8,73,26,560/- Nor Would Have Filed Return Of Income Declaring The Said Income.

Section 139(1)Section 271Section 271(1)(c)

M/S. Shree Hatkeshwara Translines Pvt.Ltd, Pune vs. DCIT, Circle-6, Pune

In the result, appeal of the assessee is allowed

ITA 1546/PUN/2019[2012-13]Status: DisposedITAT Pune18 Jul 2022AY 2012-13

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.1546/Pun/2019 िनधा"रणवष" / Assessment Year : 2012-13 M/S.Shree Hatkeshwara Tranlines The Dcit, Circle-6, Pvt. Ltd., Vs Pune. Office No.9, Wonder City Building, Katraj By Pass Road, Katraj, Pune – 411046. Pan: Aabch 1999 K Appellant/ Assessee Respondent /Revenue Assessee By Ms. Rucha Vaidya – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 13/07/2022 Date Of Pronouncement 18/07/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-8, Pune Which Is Against An Order Under Section 271(1)(C) Of The Act, 1961, For The A.Y. 2012-13. The Assessee Has Raised The Following Grounds Of Appeal: “1. Learned Cit(A)-8, Pune Erred In Law & On Facts In Confirming & The Learned Dcit, Circle-6, Pune Erred In Law & On Facts In Levying Penalty Of Rs.30,37,680/- For Concealment For Particulars Of Income U/S 271 (1 )(C) Of The Ita, 1961 Without Appreciating Peculiar Facts Of The Case. 2. Learned I-T Authorities Erred In Law & On Facts In Not Appreciating That Specific Charge, As To Concealment Of Particulars Of Income (I.E. Limb-1) Or Furnishing Of Inaccurate Particulars Of Income (I.E. Limb-2) Was Not Made Out In The Notice U/S 274 Of The Ita, 1961. The I-T Authorities Ought To Have Appreciated That, Non-

Section 139(5)Section 271Section 271(1)Section 271(1)(c)Section 274