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)

Asstt. Commissioner of Income Tax, Lucknow vs. Shri K.N. Singh Patel, Lucknow

ITA 572/LKW/2014[2008-09]Status: DisposedITAT Lucknow30 Jun 2026AY 2008-09

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraआयकर अपील सं/ Ita Nos.571 & 572/Lkw/2014 ननिाारण वर्ा/ Assessment Years: 2007-08 & 2008-09 Acit, Central Circle-1 V. Shri K. N. Singh Patel, O/O The Asstt/Dy. E-3555-57, Rajajipuram, Commissioner Of Income Tax, Lucknow-226017. Central Circle-1, 27/2, P. K. Complex, Raja Ram Mohan Rai Marg, Lucknow. Pan:Airpp3813B अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कक और से/Appellant By: Shri Narendra Singh Cit(Dr) प्रत्यर्थी कक और से /Respondent By: None सुनवाई कक तारीख / Date Of Hearing: 21 05 2026 घोर्णा कक तारीख/ Date Of 30 06 2026 Pronouncement: O R D E R Per Kul Bharat.: These Appeals, By The Revenue Filed Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-Iii, Lucknow Dated 28.02.2014 Pertaining To The Assessment Years 2007-08 & 2008-09. For The Sake Of Convenience & Brevity, Both The Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order. First, We Take Up The Appeal Ita. No. 571/Lkw/2014, Pertaining To The A.Y. 2007-08 Is Taken As A Lead Case. The Revenue Has Raised Following Grounds Of Appeal: - “1. The Ld. Cit(A)-Iii, Lucknow Has Grossly Erred In Facts & Circumstances Of The Case By Deleting The Penalty Of Rs.3,13,000/- U/S 271(1)(C) Treating That Such Income Has Been Declared By The Assessee In

For Appellant: Shri Narendra Singh CIT(DR)For Respondent: None
Section 132Section 271Section 271(1)(c)Section 271A

Asstt. Commissioner of Income Tax, Lucknow vs. Shri K.N. Singh Patel, Lucknow

ITA 571/LKW/2014[2007-08]Status: DisposedITAT Lucknow30 Jun 2026AY 2007-08

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraआयकर अपील सं/ Ita Nos.571 & 572/Lkw/2014 ननिाारण वर्ा/ Assessment Years: 2007-08 & 2008-09 Acit, Central Circle-1 V. Shri K. N. Singh Patel, O/O The Asstt/Dy. E-3555-57, Rajajipuram, Commissioner Of Income Tax, Lucknow-226017. Central Circle-1, 27/2, P. K. Complex, Raja Ram Mohan Rai Marg, Lucknow. Pan:Airpp3813B अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कक और से/Appellant By: Shri Narendra Singh Cit(Dr) प्रत्यर्थी कक और से /Respondent By: None सुनवाई कक तारीख / Date Of Hearing: 21 05 2026 घोर्णा कक तारीख/ Date Of 30 06 2026 Pronouncement: O R D E R Per Kul Bharat.: These Appeals, By The Revenue Filed Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-Iii, Lucknow Dated 28.02.2014 Pertaining To The Assessment Years 2007-08 & 2008-09. For The Sake Of Convenience & Brevity, Both The Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order. First, We Take Up The Appeal Ita. No. 571/Lkw/2014, Pertaining To The A.Y. 2007-08 Is Taken As A Lead Case. The Revenue Has Raised Following Grounds Of Appeal: - “1. The Ld. Cit(A)-Iii, Lucknow Has Grossly Erred In Facts & Circumstances Of The Case By Deleting The Penalty Of Rs.3,13,000/- U/S 271(1)(C) Treating That Such Income Has Been Declared By The Assessee In

For Appellant: Shri Narendra Singh CIT(DR)For Respondent: None
Section 132Section 271Section 271(1)(c)Section 271A

P N International, Lucknow vs. DCIT/ACIT-3, Lucknow-New, Lucknow

In the result, the appeal of the assessee is allowed

ITA 695/LKW/2025[2016-17]Status: DisposedITAT Lucknow29 Jun 2026AY 2016-17

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2016-17 Pn International, Vs Dcit/Acit-3, C-12, Amausi Industrial Area, Lucknow-New Lucknow, Amausi B.O. Lucknow, U.P. Pan: Aagfp4825J (Appellant) (Respondent) Assessee By: Sh. Akash Agarwal, C.A. Revenue By: Sh. Amit Kumar, Dr Date Of Hearing: 13.05.2026 Date Of Pronouncement: 29.06.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A) Under Section 250 Of The Income Tax Act, 1961 Dated 22.07.2025, Wherein The Ld. Cit(A) Has Dismissed The Appeals Of The Assessee Against The Penalty Levied Under Section 271(1)(C), By The Assessing Officer Upon The Assessee For The Assessment Year 2016-17 On 17.01.2022. The Grounds Of Appeal Are As Under:- “1. That The Ld. Assessing Officer Has Erred In Law By Invoking Explanation 1 To U/S 271(1)(C) Of The Income Tax Act, 1961 At The Time Of Invoking Penalty Of Rs. 24,74,438/-As Well As National Faceless Appeal Centre By Confirming The Said Penalty By Overlooking The Fact That The Said Explanation Is Applicable Only For Penalty On Accounts Of Concealment Of Income As Mentioned Clearly In The Explanation & As Such The Penalty Imposed On Wrong Premise Deserves To Be Deleted. 2. That The Ld. Assessing Officer Has Erred On Facts In Imposing Penalty Of Rs. 24,74,438/-U/S271(1)(C) Of The Income Tax Act, 1961 On A Biased Approach That Every Disallowance Made Shall Attract Penalty Without Appreciating The Fact

For Appellant: Sh. Akash Agarwal, C.AFor Respondent: Sh. Amit Kumar, DR
Section 143(3)Section 250Section 271(1)(c)