Section 271G of the Income Tax Act

Income-tax Act, 2025: s.457

Section 271G of the Income-tax Act, 1961 corresponds to section 457 (Penalty for failure to furnish information or document under section 171) of the Income-tax Act, 2025.

Read section 457 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 271G is CIT v. Shatrunjay Diamonds (261 ITR 258), cited in 50 of the 156 judgments on BharatTax that turn on this section.

Leading authorities on Section 271G

CIT v. Shatrunjay Diamonds
261 ITR 258 · 2003 · High Court
50
citing judgments

The assessee bears the initial burden to maintain and produce authentic documentation under Section 92D and Rule 10D to justify transactions with related parties, especially concerning the arm's length price for such transactions under Section 40A(2)(b). The discharge of this statutory obligation to maintain accurate data is a mandatory requirement of law.

CIT v. M/s. Leroy Somer & Controls (India) Pvt. Ltd.
360 ITR 532 · 2013 · High Court
33
citing judgments

Penalty under Section 271G cannot be imposed for mere technical lapses or non-compliance with transfer pricing documentation requirements if substantial compliance is demonstrated and the Assessing Officer (AO) or Transfer Pricing Officer (TPO) did not issue a specific requisition for particulars under Section 92D(3).

DCIT v. Bebo Technologies Pvt. Ltd.
40 Taxmann.com 168 · 2014 · Reported
16
citing judgments

A penalty under section 271AA of the Income Tax Act is not leviable if the international transaction entered into by the assessee with its associate concern has been held to be at arm's length, especially when transfer pricing documentation was accepted for prior assessment years.

ACIT v. Smith & Newphew Healthcare P. Ltd.
16 Taxmann.com 5 · 2011 · Reported
15
citing judgments
ACIT v. Global One India P. Ltd.
19 Taxmann.com 249 · 2012 · High Court
15
citing judgments

The requirement to furnish prescribed information under Section 92D(3) of the Income-tax Act arises only when the assessee fails to support its Arm's Length Price (ALP) with necessary evidence. There is no justification in demanding information first and then offering an opportunity to the assessee.

Apace Realty v. Income-tax Officer
140 Taxmann.com 257 · 2022 · Reported
14
citing judgments

A penalty under section 271AA of the Income Tax Act, 1961, cannot be levied if no case is made out by the Assessing Officer. If the Commissioner (Appeals) has rightly deleted the penalty, no interference is required.

Tapi JWil JV v. Income-tax Officer
158 Taxmann.com 433 · 2024 · High Court
14
citing judgments

Penalty under section 271AA of the Income-tax Act cannot be levied if the Assessing Officer fails to make out a case for its imposition. In such circumstances, the deletion of penalty by the CIT(A) requires no interference.

Asstt. CIT v. D. Navinchandra Exports (P.) Ltd.
87 Taxmann.com 306 · 2017 · Reported
14
citing judgments

Penalty under Section 271G cannot be imposed for failure to furnish segment-wise details of related and non-related party transactions in the diamond industry due to practical difficulties.

DCIT v. Convergys Customer Management Group Inc.
143 Taxmann.com 43 · 2022 · High Court
13
citing judgments

Penalty under Section 271AA of the Income-tax Act, 1961, cannot be levied if the Assessing Officer has not brought any specific default regarding the maintenance of requisite documents on record.

DCIT v. Francois Compressors India P. Ltd.
129 Taxmann.com 260 · 2021 · Reported
12
citing judgments

Judgments on Section 271G

Asst. Commissioner of Income Tax 5(1)(2), Mumbai vs. Dharmanandan Diamonds P.Ltd, Mumbai

The appeal stand dismissed

ITA 649/MUM/2018[2012-13]Status: DisposedITAT Mumbai01 Oct 2021AY 2012-13

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील िं./ I.T.A. No.649/Mum/2018 (धििाारण वर्ा / Assessment Year: 2012-13) Acit–Circle-5(1)(2) M/S. Dharmanandan Diamonds (P) Ltd. Room No.568, 5Th Floor Fc-7081-7082, Bharat Diamond Bourse Vs. Aaykar Bhavan, M.K. Road G-Block, Bandra Kurla Bomplex Mumbai-400 020 Bandra (E), Mumbai-400 051 स्थायीलेखा िं./ जीआइआर िं./ Pan/Gir No. Aaccd-6676-J (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : Shri Rashmikant Modi – Ld. Ar Revenue By : Shri Sunil Deshpande – Ld. Cit-Dr ुनवाई की तारीख/ : 22/07/2021 Date Of Hearing घोषणा की तारीख / : 01/10/2021 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2012-13 Arises Out Of The Order Of Ld. Commissioner Of Income Tax (Appeals)-55 Mumbai [Cit(A)] Dated 15/11/2017 Which Has Deleted Penalty Of Rs.2818.16 Lacs As Levied By Learned Assessing Officer (Ao) U/S. 271G Vide Order Dated 29/07/2016. 2. The Ld. Cit-Dr, Drawing Attention To The Factual Matrix, Justified The Penalty Levied By Ld. Ao Whereas The Ld. Ar Submitted That Keeping In View The Nature Of Business, The Details As Sought By Lower Authorities

For Appellant: Shri Rashmikant Modi – Ld. ARFor Respondent: Shri Sunil Deshpande – Ld. CIT-DR
Section 271G