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)

Smt. Nilanjana Chakraborti, Kolkata vs. DCIT, Circle - 22, Kolkata

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

ITA 2440/KOL/2017[2013-14]Status: DisposedITAT Kolkata09 Nov 2018AY 2013-14

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi) Assessment Year: 2013-14 Smt. Nilanjana Chakraborti…………..………...........…………..……………….…...……..….…….....Appellant 99B, Kankulia Road Kolkata – 700 029 [Pan : Acupc 49992 P] Vs. Deputy Commissioner Of Income Tax, Circle-22, Kolkata.……......………………..........Respondent Appearances By: Shri Manish Tiwari, A/R, Appeared On Behalf Of The Assessee. Shri Robin Choudhury, Addl. Sr. D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : October 16Th , 2018 Date Of Pronouncing The Order : November 9Th , 2018 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-6, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 03/08/2017, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2013-14, On The Following Grounds:- “1. That On The Facts & In The Circumstances Of The Case, Ld. Cit(A) Has Erred In Holding The Erroneous Determination Of Long Term Capital Gain At Rs.72,50,000/- By Ld. Dcit On Erroneous Belief & Misconception Of Law By Denying The Benefit Claimed U/S 54F Of Income Tax Act, 1961 Of The Appellant. 2. That The Appellant Craves Leave To Add, Amend, Adduce Or Alter Any Ground Or Grounds On Or Before The Hearing Of The Appeal.”

Section 250Section 271(1)(C)Section 50CSection 54Section 54ESection 54F

M/S Sreedeb Suppliers & Traders Pvt. Ltd., Kolkata vs. ITO, WD-4(2), Kolkata

ITA 382/KOL/2016[2008-09]Status: DisposedITAT Kolkata09 Nov 2018AY 2008-09

Bench: Sri J. Sudhakar Reddy & Smt. Madhumita Roy) Assessment Year: 2008-09 M/S. Sreedeb Suppliers & Traders Pvt. Ltd......…………………………………...…….………...........Appellant C/O. Praveen Jyoti & Associates G1, Ground Floor 1A, Vansittart Row Damodar House Kolkata – 700 001 [Pan: Aalcs 1076 D] Income Tax Officer, Ward-4(2), Kolkata...........................................................…..…….……..Respondent Appearances By: Shri S.K. Tulsiyan, Advocate, Appeared On Behalf Of The Assessee. Shri Goulen Hangshing, Cit, D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : September 12Th, 2018 Date Of Pronouncing The Order : November 9Th, 2018 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - 2, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 20/01/2016, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2008-09. 2. Facts In Brief:- The Assessee Is A Company & Is In The Business Of Trading In Shares & Securities & Investment. It Filed It Return Of Income On 30/09/2008. The Same Was Processed U/S 143(1) Of The Act. Thereafter, Notice U/S 148 Of The Act Was Issued To The Assessee Company & The Assessment Pursuant Thereto Was Completed & Order Was Passed U/S 147/143(3), On 28/05/2010. The Share Capital Issued & Allotted By The Company Was Accepted As Genuine In These Proceedings By The Assessing Officer. Thereafter, The Commissioner Of Income Tax, Kolkata-Ii, Passed An Order U/S 263 Of The Act, On 30/03/2013. In This Order, The Ld. Cit, Directed As Follows:-

Section 131Section 143(1)Section 147Section 148Section 250Section 263Section 271(1)(c)