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)

ACIT 12(3)(2), Mumbai vs. Lashkaria Construction Pvt Ltd., Mumbai

The appeal stand dismissed

ITA 553/MUM/2020[2011-12]Status: DisposedITAT Mumbai28 Sept 2021AY 2011-12

Bench: Hon’Ble Shri Vikas Awasthy, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील सं./ I.T.A. No.553/Mum/2020 (धििाारण वर्ा / Assessment Year: 2011-12) Acit – 12(3)(2) M/S Lashkaria Construction Pvt. Ltd. R. No. 128H, 1St Floor बिाम 102, Diamond Apartment, Link Road, Aaykar Bhavan, M. K. Road, Jogeshwari (West), Mumbai-400 102 / Vs. Mumbai-400 020 स्थायीलेखासं./ जीआइआरसं./ Pan/Gir No. Aaacl-6508-R (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Revenue By : Shri Brajendra Kumar – Ld. Dr Assessee By : None सुनवाई की तारीख/ : 28/09/2021 Date Of Hearing घोषणा की तारीख / : 28/09/2021 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year [Ay] 2011-12 Arises Out Of The Order Of Ld. Commissioner Of Income-Tax (Appeals)-20, Mumbai [Cit(A)] Dated 15/10/2019 Which Has Deleted The Penalty Of Rs.18,05,912/- U/S 271(1)(C) As Levied By Ld. Ao Vide Penalty Order Dated 30/03/2017. Though None Appeared For Assessee, However, The Material On Record Was Sufficient Enough For Disposal Of The Appeal. The Ld. Dr Pleaded For Restoration Of The Penalty.

For Appellant: NoneFor Respondent: Shri Brajendra Kumar – Ld. DR
Section 143(3)Section 271(1)(c)

Shri. Sanyam Sultania, Mumbai vs. ITO 31 (3)(3), Mumbai

In the result, assessee’s appeal is allowed for statistical purpose

ITA 6863/MUM/2019[2011-12]Status: DisposedITAT Mumbai28 Sept 2021AY 2011-12

Bench: Shri Shamim Yahya (Am) & Shri Pavan Kumar Gadale (Jm) I.T.A. No. 6863/Mum/2019 (Assessment Year 2011-12) Sanyam Sultania Vs. Ito-31(3)(3) 401, 4Th Floor Bkc, Bandra(E) Prabhu Vijay, Plot No.B-17 Mumbai-400 051 V.M.Road, Kapole Chsl Juhu, Mumbai-400 049 Pan : Cqjps0577D (Appellant) (Respondent) Shri R.C.Jain Assessee By Department By Shri Vijay Kumar Menon Date Of Hearing 15.07.2021 Date Of Pronouncement 28 .09.2021 O R D E R Per Shamim Yahya (Am) :- This Appeal By The Assessee Is Directed Against The Order Of Learned Cit(A)-39 Dated 28.03.2019 & Pertains To Assessment Year 2011-12. 2. The Grounds Of Appeal Read As Under : 1. In The Facts & Circumstances Of The Case & In Law, The Learned Commissioner Of Income Tax (A) Erred In Levying Penalty U/S 271(1)(C) Of Rs.. 238462/- On Exempt Ltcg Confirmed As Unexplained Money U/S 69A & That Too Without Mentioning In The Notice U/S 274 R.W.S. 271(1)(C) Whether The Appellant Furnished Inaccurate Particulars/Concealed Income Which Is Bad In Jaw As Per The Catena Of Judgments Cited From Time To Time. 2. In The Facts & Circumstances Of The Case & In Law, The Learned Commissioner Of Income Tax (A) Erred In Levying Penalty U/S 271(1)(C) Even Though Appeal In Respect Of The Quantum Appeal Was Not Yet Heard.

Section 10(38)Section 251(2)Section 271(1)Section 271(1)(c)Section 274Section 69A

Lakshmi Rani, New Delhi vs. ITO, Ward-43(5), New Delhi

In the result, appeal of the assessee is allowed

ITA 6563/DEL/2019[2015-16]Status: DisposedITAT Delhi27 Sept 2021AY 2015-16

Bench: Sh. Anil Chaturvedi(Through Video Conferencing) Lakshmi Rani Vs. Ito Flat No.301, Block-B2A, Ward – 43(5) Sector-18 B, Pocket-2 New Delhi Dwarka, New Delhi-110045 Pan No. Agspr 4796 A (Appellant) (Respondent) Assessee By -None- Revenue By Sh. R. K. Gupta, Sr. Dr Date Of Hearing: 21/09/2021 Date Of Pronouncement: 27/09/2021 Order Per Anil Chaturvedi, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 08.05.2019 Of The Commissioner Of Income Tax (A)- 15, Delhi Relating To Assessment Year 2015-16. 2. The Relevant Facts As Culled From The Material On Records Are As Under : Lakshmi Rani Vs Ito A.Y. 2015-16 2 3. Assessee Is An Individual Stated To Be Engaged In The Business Of Financial Services & Facilitates Loans To Various Clients From Financial Institutions. Assessee Filed Her Return Of Income For A.Y. 2015-16 On 27.10.2015 Declaring Total Income Of Rs.14,25,300/-. The Case Was Selected For Scrutiny Under The Cass. Notices U/S 143(2) & 142(1) Of The Act Was Issued From Time To Time. In Response To These Notices Learned Counsel For The Assessee Attended The Proceedings & Filed Detailed As Called For From Time To Time. Thereafter Assessment Was Framed U/S 143(3) Of The Act Vide Order Dated 30.12.2017 & The Total Income Of The Assessee Was Determined At Rs.24,52,374/-. On The Addition Of Rs.10,27,074/- Made, Ao Vide Order Dated 27.06.2018 Levied The Penalty Of Rs.3,17,366/- U/S 271(1)(C) Of The Act.

Section 143(2)Section 143(3)Section 271(1)(c)