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)

Him Properties & Developers Private Limited, Lucknow vs. DCIT/ACIT, Lucknow

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

ITA 345/LKW/2026[2016-17]Status: DisposedITAT Lucknow27 May 2026AY 2016-17

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2016-17 Him Properties & Developers Vs Deputy Commissioner Of Pvt. Ltd., 340/35, Bhawani Ganj, Income Tax-3, Lucknow-New Near Indare Wali Maszid, Chowk, Lucknow, U.P. Pan: Aabch7552E (Appellant) (Respondent) Assessee By: Sh. R.P. Tiwari, Ca Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 07.05.2026 Date Of Pronouncement: 27.05.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 On 3.01.2025, Wherein The Ld. Cit(A) Has Dismissed The Appeals Of The Assessee Against The Orders Passed By The Assessing Officer Under Section 143(3) For The A.Y. 2016-17 On 6.12.2018. The Grounds Of Appeal Are As Under: - “1. That The Learned Commissioner (Appeals) Erred In Law & On Facts In Confirming The Addition By Treating The Share Application Money Of ₹ 44,96,000/- As Income Under Section 56(1) Of The Income-Tax Act, Despite The Assessee Having Consistently Disclosed The Amount As Share Application Money Pending Allotment In Its Books Of Account & Return Of Income, Reflecting It As A Capital Receipt. 2. That On The Facts & In The Circumstances Of The Case & In Law, The Learned Commissioner Of Income-Tax (Appeals) Has Erred In Confirming The Addition Of ₹44,96,000/- Under Section 56(1) Of The Income-Tax Act, 1961, Without Appreciating That The Said Amount Represents Opening Balance Of Share Application Money & Was Not Received During The Year Under Consideration

For Appellant: Sh. R.P. Tiwari, CAFor Respondent: Sh. R.R.N. Shukla, Addl CIT DR
Section 143(3)Section 250Section 253(5)Section 271(1)(c)Section 56(1)

Narsingh, Pilibhit vs. ITO-2(4), Pilibhit

In the result, the appeal of the assessee is allowed

ITA 35/LKW/2026[2015-16]Status: DisposedITAT Lucknow26 May 2026AY 2015-16

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2015-16 Narsingh, Vs. Ito-2(4), 0, Madhotanda, Puranpur, Pilibhit, Pilibhit, Uttar Pradesh Uttar Pradesh, India-262122 Pan: Anapn5866A (Appellant) (Respondent) Assessee By: Sh. Vinod Kumar Vaish, Advocate Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 21.04.2026 Date Of Pronouncement: 26.05.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac, Wherein The Ld. Cit(A), Vide His Order Under Section 250 Of The Income Tax Act, 1961 Dated 13.11.2025, Has Dismissed The Appeals Of The Assessee Against The Orders Passed By The Ld. Ao Under Section 271(1)(C) For The A.Y. 2015-16 On 19.09.2025. The Grounds Of Appeal Are As Under:- “(1) That The Order Is Bad Both On Law & Facts. The Provisions Of Section 274 & 275 Has Not Been Followed By The Assessing Authority While Passing The Order. (2) That The Concerned Authority Did Not Consider The Explanation Filed By The Appellant During The Assessment Proceeding Before The Assessing Authority & The Ld Cit Appeals Which Was Supported With Evidences & Bank Statements. The Ground Of Peak Deposit Was Not Considered By The Lower Authority While Passing The Penalty Order. (3) Because The Order Passed By The Ld. Assessing Officer (Ao In Short) Is Defective & Contrary To Law & Is Liable To Be Set Aside As The Penalty Has Been Imposed For "Furnishing Inaccurate Particulars Of Income", Whereas The Ld. Ao Has Nowhere In His Assessment Order Identified Any Inaccurate Information Supplied By The Appellant.

For Appellant: Sh. Vinod Kumar Vaish, AdvocateFor Respondent: Sh. R.R.N. Shukla, Addl CIT DR
Section 250Section 271(1)(c)Section 274Section 69A