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)

Globe Cast India Private Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeal is allowed

ITA 5172/DEL/2016[2012-13]Status: DisposedITAT Delhi05 Jun 2018AY 2012-13

Bench: Shri R.S. Syal & Smt. Beena A. Pillaiassessment Years: 2012-13 Globe Cast India Private Ltd. Vs. Dcit Circle- 10(1) 601, 6Th Floor, Dlf South Court C.R. Building, New Saket, New Delhi Delhi Pan: Aaccg0015C (Appellant) (Respondent) Assessee By : Sh. R. Raghunath, Ca Department By : Sh. S.L. Anuragi, Sr. Dr Date Of Hearing : 04.06.2018 Date Of Pronouncement : 05.06.2018 Order Per R.S. Syal, Vp: This Appeal By The Assessee Is Directed Against The Order Passed By The Cit(A) On 14.7.2016 Confirming The Penalty Of Rs. 8,53,353/- Imposed By The Assessing Officer Under Section 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter Referred Also Called The Act) In Relation To The Assessment Year 2012-13. 2. Briefly Stated Facts Of The Case Are That The Assessee Is Engaged In The Business Of Technical & Professional Services Relating To News /Events Fields Etc. A Sum Of Rs. 30,03,000/- Was Debited To The Profit & Loss Account Under The Head `Legal & Professional Charges’. This Amount Was Paid To M/S Giv Marketing Pvt. Limited For Conducting Market Research Survey To Increase Its Customer Base In India. The Assessing Officer Held That The Assessee Was Likely To Get Enduring Having From Such Expenditure. He Capitalized This Amount & Allowed Depreciation @ 25%, Which Led To Addition Of Rs. 22,52,250/-. In Addition, The Assessing Officer Found That The Assessee Did Not Deduct Tax At Source In Respect Of Three Payments Under Section 194C & 194J Of The Act. Invoking The Provisions Of Section 40(A)(Ia), He Made An Addition At Rs. 2,73,061/-. Thereafter, Penalty Was Imposed With A Reference To The Above Additions, Which Came To Be Affirmed In The First Appeal.

For Appellant: Sh. R. Raghunath, CAFor Respondent: Sh. S.L. Anuragi, Sr. DR
Section 194CSection 271(1)(c)Section 3Section 40

Asst CIT 25(3), Mumbai vs. Pankaj V. Karani, Mumbai

In the result, the department’s appeal is dismissed

ITA 5472/MUM/2016[2009-10]Status: DisposedITAT Mumbai01 Jun 2018AY 2009-10

Bench: Shri Saktijit Dey, Jm & Shri N. K. Pradhan, Am आयकर अपील सं./I.T.A. No.5472/Mum/2016 ("नधा"रण वष" / Assessment Year: 2009-10) Asst. Cit-25(3), Shri Pankaj V. Karani Room No. 601, C-10, 6Th Floor, 7, Queens Craft Chs, बनाम/ Pratyakshakar Bhavan, St. Xaviers School Road, Vs. Bandra Kurla Complex, Vile Parle (East), Bandra (East), Mumbai-400 051 Mumbai-400 057 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aadpk 3126 A (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Saurabh Desh Pande ""यथ" क" ओर से/Respondent By : None सुनवाई क" तार"ख / : 09.05.2018 Date Of Hearing घोषणा क" तार"ख / : 01.06.2018 Date Of Pronouncement आदेश / O R D E R Per Saktijit Dey, J. M.: This Is An Appeal By The Department Against The Order Dated 07.06.2016 Of The Ld. Commissioner Of Income Tax (Appeals) – 37, Mumbai Deleting The Penalty Imposed Amounting To Rs.49,94,420/- U/S. 271(1)(C) Of The Act For The Assessment Year 2009-10. 2. Briefly The Facts Are, The Assessee An Individual Filed His Return Of Income For The Impugned Assessment Year Declaring Total Income Of Rs.5,63,450/-. During The 2 Shri Pankaj V. Karani Assessment Proceedings, The Assessing Officer While Verifying The Return Of Income

For Appellant: Shri Saurabh Desh PandeFor Respondent: None
Section 271(1)(c)