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)

Trimurty Colonizers and Builders Pvt. Ltd., Jaipur vs. ACIT, Circle-6, Jaipur

In the result, this appeal of the assessee is dismissed as withdrawn

ITA 82/JPR/2021[2013-14]Status: DisposedITAT Jaipur05 Oct 2021AY 2013-14

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 82/Jp/2021 Fu/Kzkj.K O"Kz@Assessment Year: 2013-14 Trimurty Colonizers & Builders Cuke A.C.I.T./D.C.I.T., Vs. Private Limited, Circle-6, 601, Geeta Enclave, Vinoba Marg, Jaipur. C-Scheme, Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aaact 6613 K Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Rajiv Sogani (Ca) Jktlo Dh Vksj Ls@ Revenue By: Shri A.S. Nehra (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 05/10/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 05/10/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Appeal Has Been Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi Dated 21/06/2021 Passed U/S 250 Of The Income Tax Act, 1961 (In Short, The Act) For The A.Y. 2013- 14, Wherein Following Grounds Have Been Taken: “1. In The Facts & Circumstances Of The Case & In Law, Ld. Cit(A) Has Erred In Confirming The Action Of Ld. Ao In Levying Penalty Of Rs. 46,179/- U/S 271(1)(C) Of The Income Tax Act, 1961. The Action Of Ld. Cit(A) Is Illegal, Unjustified, Arbitrary & Against The Facts Of The Case. Relief May Please Be Granted By Deleting The Entire Penalty Levied By Ld. Ao & Confirmed By Ld. Cit(A). 2. In The Facts & Circumstances Of The Case & In Law, Ld. Ao Has Erred In Imposing Penalty U/S 271(1)(C) Without Specifically

For Appellant: Shri Rajiv Sogani (CA)For Respondent: Shri A.S. Nehra (Addl.CIT)
Section 250Section 271(1)(c)

S.D.Constructions, Kolkata vs. A.C.I.T., Circle-49(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 243/KOL/2021[2015-16]Status: DisposedITAT Kolkata01 Oct 2021AY 2015-16

Bench: Shri P.M. Jagtap, Hon’Ble(Kz) & Shri A. T. Varkey, Hon’Ble] [Through Virtual Court] I.T.A. No. 243/Kol/2021 Assessment Year: 2015-16 S. D. Constructions……...............................................................................................Appellant C/O Subash Agarwal & Associates, Advocates Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata-700069. [Pan: Aawfs5599N] Vs. Acit, Circle-49(1), Kolkata..................................................................................Respondent Appearances By: Shri Subash Agarwal, Advocate, Appearing On Behalf Of The Assessee. Smt. Ranu Biswas, Addl. Cit, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : September 29, 2021 Date Of Pronouncing The Order : October 01, 2021 Order Per P.M. Jagtap, Vice-(Kz) This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit(A) – 15, Kolkata Dated 30.07.2019 Whereby He Confirmed The Penalty Of Rs.4,58,376/- Imposed By The Ao U/S 271(1)(C) Of The Income Tax Act, 1961. 2. The Assessee, In The Present Case, Is A Firm & Is Engaged In The Business Of Construction Of Building. The Return Of Income For The Year Under Consideration Was Filed By The Assessee On 29.09.2015 Declaring A Total Income Of Rs.38,97,950/-. In The Assessment Completed U/S 143(3) Of The Act, The Total Income Of The Assessee Was 2

Section 143(3)Section 271(1)(c)Section 274Section 43C