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)

Al Tabarak Frozen Foods P. Ltd., New Delhi vs. Addl. CIT, Special Range, Ghaziabad

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

ITA 2354/DEL/2018[2010-11]Status: DisposedITAT Delhi24 Sept 2018AY 2010-11

Bench: Sh. N. K. Saini, Am & Ms. Suchitra Kamble, Jm Ita No. 2354/Del/2018 : Asstt. Year : 2010-11 Al-Tabarak Frozen Foods P. Ltd., Vs Addl. Commissioner Of Income Lalit Kumar Sharma & Tax, Special Range, Associates, F-223A, Gf, Mangal Ghaziabad-201001 Bazar, Laxmi Nagar, Delhi-110092 (Appellant) (Respondent) Pan No. Aaeca8288M Assessee By : Sh. Lalit Kumar Sharma, Adv. Revenue By : Sh. Surender Pal, Sr. Dr Date Of Hearing : 20.09.2018 Date Of Pronouncement : 24.09.2018 Order Per N. K. Saini, Am: This Is An Appeal By The Assessee Against The Order Dated 15.12.2017 Of Ld. Cit(A), Aligarh. 2. The Only Grievance Of The Assessee In This Appeal Relates To The Confirmation Of Penalty Of Rs.6,79,800/- Levied By The Ao U/S 271(1)(C) Of The Income Tax Act, 1961. 3. During The Course Of Hearing, The Ld. Counsel For The Assessee At The Very Outset Stated That The Quantum Addition On The Basis Of Which The Impugned Penalty Was Levied By The Ao & Sustained By The Ld. Cit(A) Has Been Set Aside To The File Of The Ao By The Itat Bench ‘Smc’, New Delhi In Ita No.2372/Del/2015 For The Assessment Year 2010-11 In Assessee’S Own Case Vide Order Dated 20.06.2018 (Copy Of The Said Order Was Furnished Which Is Placed

For Appellant: Sh. Lalit Kumar Sharma, AdvFor Respondent: Sh. Surender Pal, Sr. DR
Section 271(1)(c)

Girish Kumar Soni, Ghaziabad vs. ITO, Ward- 1(4), Noida

In the result, the appeals of the assessee are allowed for statistical purposes

ITA 2349/DEL/2018[2009-10]Status: DisposedITAT Delhi24 Sept 2018AY 2009-10

Bench: Sh. N. K. Saini, Am & Ms. Suchitra Kamble, Jm Ita No. 2348/Del/2018 : Asstt. Year : 2009-10 Ita No. 2349/Del/2018 : Asstt. Year : 2009-10 Girish Kumar Soni, Vs Income Tax Officer, H-73A, Pratap Vihar, Sector-11, Ward-1(4), Ghaziabad, Uttar Pradesh-201010 Noida (Appellant) (Respondent) Pan No. Ayhps5067Q Assessee By : Smt. Meenu Mittal, Ca Revenue By : Sh. Surender Pal, Sr. Dr Date Of Hearing : 19.09.2018 Date Of Pronouncement : 24.09.2018 Order Per N. K. Saini, Am: These Two Appeals By The Assessee Are Directed Against The Separate Order Dated 30.09.2016 & 31.03.2017 Of Ld. Cit(A)-I, Noida. 2. The Appeal In Ita No. 2348/Del/2018 For The Assessment Year 2009-10, Following Grounds Have Been Raised In This Appeal: “1. On The Facts & In The Circumstances Of The Case, The Order Passed By Learned Cit(A) In Confirming The Assessment Order Passed By The Ao Is Wrong & Bad In Law. 2. On The Facts & In The Circumstances Of The Case, The Learned Cit(A) Has Erred In Confirming The Addition Of Rs. 13.03 Lac Without Considering The Facts Of The Case. 3. That Having Regard To The Facts & Circumstances Of The Case, Ld. Cit(A) Has Erred In Law & On Facts In Enhancing The Addition By Rs. 19,04,228 & That Too Without Assuming Jurisdiction As Per Law & Without Considering The Facts & Circumstances Of The Case. 4. That The Assessee Craves The Leave To Add, Alter Or Amend The Grounds Of Appeal At Any Stage & All The Grounds Are Without Prejudice To Each Other.” 3. The Another Appeal By The Assessee In Ita No. 2349/Del/2018 Relates To The Penalty Sustained By The Ld. Cit(A) U/S 271(1)(C) Of The Income Tax Act, 1961. 4. During The Course Of Hearing, The Ld. Counsel For The Assessee At The Very Outset Stated That The Ld. Cit(A) Passed The Impugned Order Ex-Parte Without Providing Due & Reasonable Opportunity Of Being Heard To The Assessee Which Is In Violation Of The Natural Justice.

For Appellant: Smt. Meenu Mittal, CAFor Respondent: Sh. Surender Pal, Sr. DR
Section 271(1)(c)

Girish Kumar Soni, Ghaziabad vs. ITO, Ward- 1(4), Noida

In the result, the appeals of the assessee are allowed for statistical purposes

ITA 2348/DEL/2018[2009-10]Status: DisposedITAT Delhi24 Sept 2018AY 2009-10

Bench: Sh. N. K. Saini, Am & Ms. Suchitra Kamble, Jm Ita No. 2348/Del/2018 : Asstt. Year : 2009-10 Ita No. 2349/Del/2018 : Asstt. Year : 2009-10 Girish Kumar Soni, Vs Income Tax Officer, H-73A, Pratap Vihar, Sector-11, Ward-1(4), Ghaziabad, Uttar Pradesh-201010 Noida (Appellant) (Respondent) Pan No. Ayhps5067Q Assessee By : Smt. Meenu Mittal, Ca Revenue By : Sh. Surender Pal, Sr. Dr Date Of Hearing : 19.09.2018 Date Of Pronouncement : 24.09.2018 Order Per N. K. Saini, Am: These Two Appeals By The Assessee Are Directed Against The Separate Order Dated 30.09.2016 & 31.03.2017 Of Ld. Cit(A)-I, Noida. 2. The Appeal In Ita No. 2348/Del/2018 For The Assessment Year 2009-10, Following Grounds Have Been Raised In This Appeal: “1. On The Facts & In The Circumstances Of The Case, The Order Passed By Learned Cit(A) In Confirming The Assessment Order Passed By The Ao Is Wrong & Bad In Law. 2. On The Facts & In The Circumstances Of The Case, The Learned Cit(A) Has Erred In Confirming The Addition Of Rs. 13.03 Lac Without Considering The Facts Of The Case. 3. That Having Regard To The Facts & Circumstances Of The Case, Ld. Cit(A) Has Erred In Law & On Facts In Enhancing The Addition By Rs. 19,04,228 & That Too Without Assuming Jurisdiction As Per Law & Without Considering The Facts & Circumstances Of The Case. 4. That The Assessee Craves The Leave To Add, Alter Or Amend The Grounds Of Appeal At Any Stage & All The Grounds Are Without Prejudice To Each Other.” 3. The Another Appeal By The Assessee In Ita No. 2349/Del/2018 Relates To The Penalty Sustained By The Ld. Cit(A) U/S 271(1)(C) Of The Income Tax Act, 1961. 4. During The Course Of Hearing, The Ld. Counsel For The Assessee At The Very Outset Stated That The Ld. Cit(A) Passed The Impugned Order Ex-Parte Without Providing Due & Reasonable Opportunity Of Being Heard To The Assessee Which Is In Violation Of The Natural Justice.

For Appellant: Smt. Meenu Mittal, CAFor Respondent: Sh. Surender Pal, Sr. DR
Section 271(1)(c)