Section 271B of the Income Tax Act

The decision most relied on for Section 271B is Ashok Pai v. CIT (292 ITR 11), cited in 812 of the 1,993 judgments on BharatTax that turn on this section.

Leading authorities on Section 271B

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.

Surajmal Parsuram Todi v. CIT
222 ITR 691 · 1996 · High Court
114
citing judgments

A penalty under Section 271B for failure to get accounts audited cannot be levied if a penalty under Section 271A has already been imposed for non-maintenance of books of account.

CIT v. S.K. Gupta & Co.
322 ITR 86 · 2010 · High Court
110
citing judgments

If a penalty is levied under Section 271A for failure to maintain books of account, then a separate penalty under Section 271B for failure to get accounts audited under Section 44AB cannot also be levied.

CIT v. Bisauli Tractors
299 ITR 219 · 2008 · High Court
81
citing judgments

If an assessee has not maintained books of accounts, the question of getting those accounts audited under Section 44AB does not arise, and therefore, a penalty under Section 271B for failure to get accounts audited cannot be levied. Non-maintenance of books is separately punishable under Section 271A.

Azadi Bachao Andolan v. Union of India
252 ITR 471 · 2001 · High Court
57
citing judgments

A penalty under sections like 271D or 271E is not automatically imposed if the assessee proves there was a reasonable cause for the failure. The interpretation of 'reasonable cause' is that which would prevent a person of average intelligence and ordinary prudence from acting negligently or in bad faith.

DIT v. Mahindra & Mahindra Ltd.
365 ITR 560 · 2014 · High Court
56
citing judgments

If a sum is not chargeable to tax in the hands of the recipient, the payer is not obligated to deduct tax at source, and consequently, no disallowance under section 40(a)(i) can be made. The Bombay High Court also affirmed that penalty proceedings under section 271B may be quashed in certain circumstances.

Premier Breweries Ltd. v. Commissioner of Income Tax
372 ITR 180 · 2015 · Supreme Court
52
citing judgments

Whether an assessee has shown 'reasonable cause' under Section 273B, particularly in the context of penalties under Section 271D for violations of Section 269SS, is a question of law involving a legal inference from primary facts. Penalties under Section 271D are not leviable if reasonable cause is established, even for journal entries, provided transactions are genuine and bona fide.

Bharat Construction Co. v. ITO
153 CTR 414 · 1999 · High Court
49
citing judgments

When an assessee fails to maintain books of account, resulting in a confirmed penalty under section 271A, no additional penalty under section 271B can be levied for the failure to get accounts audited under section 44AB, as there are no accounts to audit.

P.Senthil Kumar v. PCIT
416 ITR 336 · 2019 · High Court
48
citing judgments

Penalty under section 271B is not leviable for a venial technical breach, such as the late filing of a tax audit report, if there is no mala fide intention and the assessee demonstrates reasonable cause.

Bhailal Manilal Patel v. CIT
49 Taxmann.com 539 · 2014 · High Court
47
citing judgments

Penalty under section 271(1)(c) cannot be imposed based on a protective assessment order. Initiation of penalty proceedings is impermissible without a substantive assessment order that finally adds income to the assessee's hands.

Judgments on Section 271B

Mohd Aslam, Allahabad vs. ITO-1(3), Allahabad

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

ITA 23/ALLD/2023[2013-14]Status: DisposedITAT Allahabad04 Oct 2023AY 2013-14

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.23/Alld/2023 (निर्धारण वर्ा / Assessment Year: 2013-14) Mohd Aslam बिधम/ Commissioner Of Income 53, Kaithana, Phulpur, Tax (Appeals) Vs. Allahabad, Uttar Pradesh- 212402. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aonpa6681E (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri S. K. Yogeshwar Revenue By: Shri A. K. Singh (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 14/09/2023 घोषणा की तारीख /Date Of Pronouncement: 04/10/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Cit(A)/Nfac, Delhi Dated 18.01.2023 For Ay. 2013-14 Wherein The Ld. Cit(A) Has Confirmed The Penalty Order Of The Ao Imposing The Penalty U/S 271B Of The Income Tax Act, 1961 (Hereinafter “The Act”) To The Tune Of Rs.55,660/-. 2. At The Outset, The Ld. Ar Of The Assessee Brought To My Notice That The Impugned Order Of The Ld. Cit(A) Is An Ex-Parte Order. & The Ld. Cit(A), Taking Note That The Assessee Did Not File Any Response To The Notices Issued, Dismissed The Appeal Ex-Parte Qua Assesse. Further, It Has Been Brought To My Notice That In The Assessee’S Case Assessment U/S 143(3) Of The Act Was Completed On 17.02.2016 Inter- Alia Making Certain Additions. The Ld. Cit(A) Noted That The Assessee’S Actual Business Receipt Was To The Tune Of Rs.1,11,51,920/- Whereas The Assessee Had Shown In His Books Only Rs.27,29,000/-.

For Appellant: Shri S. K. YogeshwarFor Respondent: Shri A. K. Singh (Sr. DR)
Section 143(3)Section 271BSection 44A

Biswajit Karmakar, Cuttack vs. ITO Ward-2(3), Cuttack

In the result, both the appeals of the assessee stand dismissed

ITA 221/CTK/2023[2011-12]Status: DisposedITAT Cuttack20 Sept 2023AY 2011-12

Bench: Before Shri George Mathan, Judicialita Nos.220 & 221/Ctk/20 /Ctk/2023 Assessment Year : 2011-2012 2012 Biswajit Karamkar, Karamkar, Vs. Income Tax Officer, Ward Income Tax Officer, Ward- Binod Binod Bihari Bihari Market, Market, 2(3), Cuttack 2(3), Cuttack Balubazar, Cuttack Balubazar, Cuttack Pan/Gir No. Pan/Gir No.Agopk 4528 P (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Subit Sahu, Adv Subit Sahu, Adv Revenue By : Shri S.C.Mohanty : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 20/09 9/2023 Date Of Pronouncement : 20/0 /09/2023 O R D E R These Are Appeals Filed By The Assessee Against The Separate Orders These Are Appeals Filed By The Assessee Against The Separate Orders These Are Appeals Filed By The Assessee Against The Separate Orders Of The Ld Cit(A) Of The Ld Cit(A)-2, Bhubaneswar Dated 21.3.2023, In The Matter Of Penalty 2, Bhubaneswar Dated 21.3.2023, In The Matter Of Penalty Under Section 271A & 271B Of The I.T.Act Under Section 271A & 271B Of The I.T.Act For The Assessment Year 2011 For The Assessment Year 2011- 12. 2. Shri Subit Sahu, Adv Appeared For The Assessee & Shri Shri Subit Sahu, Adv Appeared For The Assessee & Shri Shri Subit Sahu, Adv Appeared For The Assessee & Shri S.C.Mohanty, Ld Sr Dr Appeared For The Revenue. S.C.Mohanty, Ld Sr Dr Appeared For The Revenue.

For Appellant: Shri Subit Sahu, AdvFor Respondent: Shri S.C.Mohanty
Section 271A

Biswajit Karmakar, Cuttack vs. ITO Ward-2(3), Cuttack

In the result, both the appeals of the assessee stand dismissed

ITA 220/CTK/2023[2011-12]Status: DisposedITAT Cuttack20 Sept 2023AY 2011-12

Bench: Before Shri George Mathan, Judicialita Nos.220 & 221/Ctk/20 /Ctk/2023 Assessment Year : 2011-2012 2012 Biswajit Karamkar, Karamkar, Vs. Income Tax Officer, Ward Income Tax Officer, Ward- Binod Binod Bihari Bihari Market, Market, 2(3), Cuttack 2(3), Cuttack Balubazar, Cuttack Balubazar, Cuttack Pan/Gir No. Pan/Gir No.Agopk 4528 P (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Subit Sahu, Adv Subit Sahu, Adv Revenue By : Shri S.C.Mohanty : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 20/09 9/2023 Date Of Pronouncement : 20/0 /09/2023 O R D E R These Are Appeals Filed By The Assessee Against The Separate Orders These Are Appeals Filed By The Assessee Against The Separate Orders These Are Appeals Filed By The Assessee Against The Separate Orders Of The Ld Cit(A) Of The Ld Cit(A)-2, Bhubaneswar Dated 21.3.2023, In The Matter Of Penalty 2, Bhubaneswar Dated 21.3.2023, In The Matter Of Penalty Under Section 271A & 271B Of The I.T.Act Under Section 271A & 271B Of The I.T.Act For The Assessment Year 2011 For The Assessment Year 2011- 12. 2. Shri Subit Sahu, Adv Appeared For The Assessee & Shri Shri Subit Sahu, Adv Appeared For The Assessee & Shri Shri Subit Sahu, Adv Appeared For The Assessee & Shri S.C.Mohanty, Ld Sr Dr Appeared For The Revenue. S.C.Mohanty, Ld Sr Dr Appeared For The Revenue.

For Appellant: Shri Subit Sahu, AdvFor Respondent: Shri S.C.Mohanty
Section 271A

Smt. Laxmi Devi Chandwani, Bilaspur vs. Income Tax Officer, Ward-1(1), Bilaspur

In the result, we are inclined to set aside the order of the Ld

ITA 99/RPR/2023[2014-15]Status: DisposedITAT Raipur15 Sept 2023AY 2014-15

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.99/Rpr/2023 िनधा"रण वष" /Assessment Year: 2014-15 Smt. Laxmi Devi Chandwani V Income Tax Officer Agrasen Chowk S Ward-1(1), Bilaspur Bilaspur, Chhattisgarh-495 001. Chhattisgarh-495 001 Pan: Agmpc 8368H (अपीलाथ" /Appellant) (""यथ" / Respondent) .. िनधा"रती क" ओर से /Assessee By : Shri S.R. Rao, Adv. राज"व क" ओर से /Revenue By : Shri Satya Prakash Sharma, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 21/08/2023 घोषणा क" तार"ख/Date Of Pronouncement : 15/09/2023 आदेश / O R D E R Per Arun Khodpia, Am : The Captioned Appeal Is Filed By The Assessee Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 20.02.2023 U/S 250 Of The Income Tax Act, 1961 For Ay 2014-15, Arises From The Order Of Ld. Assessing Officer U/S 271B Of Income Tax Act, 1961 Dated 24.09.2022. The Grounds Of The Appeal Raised By The Assessee Are As Under: “1. That The Order Of The Ld. Commissioner Of Income Tax (Appeals) Is Arbitrary, Bad In Law & Facts. 2. That The Ld. Cit(Appeals) Has Erred In Law & Facts In Confirming The Levy Of Penalty U/S 271B Imposed By Learned Assessing Officer.”

For Appellant: Shri S.R. Rao, AdvFor Respondent: Shri Satya Prakash Sharma, Sr. DR
Section 147Section 250Section 271Section 271ASection 271BSection 44A