Section 272A(1)(d) of the Income Tax Act

Income-tax Act, 2025: s.465

Section 272A(1)(d) falls under section 272A of the Income-tax Act, 1961, which corresponds to section 465 (Penalty for failure to answer questions, sign statements, Furnish information, returns or statements, allow inspections, etc) of the Income-tax Act, 2025.

Read section 465 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 272A(1)(d) is Hindustan Steel Ltd. v. State of Orissa (83 ITR 26), cited in 502 of the 1,125 judgments on BharatTax that turn on this section.

Leading authorities on Section 272A(1)(d)

Hindustan Steel Ltd. v. State of Orissa
83 ITR 26 · 1972 · Supreme Court
502
citing judgments

An order imposing penalty for failure to carry out a statutory obligation results from quasi-criminal proceedings. Penalty is not ordinarily imposed unless the party acted deliberately in defiance of law, was guilty of contumacious or dishonest conduct, or acted in conscious disregard of their obligation.

CIT v. Ram Commercial Enterprises Ltd.
246 ITR 568 · 2000 · High Court
103
citing judgments

The Assessing Officer must record clear satisfaction in the assessment order that the assessee concealed particulars of income or furnished inaccurate particulars, for initiating penalty proceedings under section 271(1)(c). Without such recorded satisfaction, the penalty proceedings lack jurisdiction and are unsustainable in law.

Velu Palandar v. DCIT
83 ITR 683 · 1972 · High Court
94
citing judgments

The opportunity of hearing provided to an assessee must be real, effective, and realistic, not merely notional, and tax authorities are incumbent to decide cases on their merits after affording due opportunity.

Pvt. Ltd. v. DCIT
466 ITR 474 · 2024 · High Court
53
citing judgments

Reassessment notices under Section 148A, issued in the context of faceless assessment proceedings, must be issued by the designated Faceless Assessing Officer and not by a Jurisdictional Assessing Officer.

Akhil Bhartiya Prathamik Shikshak Sangh Bhawan Trust v. ADIT
5 DTR 429 · High Court
50
citing judgments

To levy a penalty under section 271(1)(b), the Assessing Officer (AO) must record satisfaction in the assessment order. Mere initiation of penalty proceedings without such recorded satisfaction does not confer jurisdiction on the AO to levy the penalty.

Jasjit Singh v. Union of India
467 ITR 52 · 2024 · High Court
50
citing judgments
Tecumseh Products India (P.) Ltd. v. DCIT
174 Taxmann.com 1203 · 2025 · High Court
43
citing judgments

Where the National Faceless Assessment Centre (NFAC) and the Joint Assessing Officer (JAO) have concurrent jurisdiction, a notice issued by the JAO under Section 148 of the Income Tax Act is valid, provided no prejudice is caused to the assessee.

Kairos Properties Private Limited v. Assistant Commissioner of Income Tax
468 ITR 168 · 2024 · High Court
41
citing judgments
CIT v. Ashok Logani
347 ITR 22 · 2012 · High Court
30
citing judgments

The Commissioner is justified in invoking revisionary powers under Section 263 if the Assessing Officer failed to properly consider the issues at hand, leaving loose ends in the assessment.

BSES Rajdhani Power Ltd. v. PCIT
399 ITR 228 · 2017 · High Court
30
citing judgments

Revision under Section 263 is justified when the Assessing Officer fails to consider a significant portion of a claim, such as depreciation, leading to an erroneous assessment that is prejudicial to the revenue.

Judgments on Section 272A(1)(d)

Roomle Das, Kolkata vs. I.T.O., Ward - 50(4), Kolkata

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

ITA 1654/KOL/2024[2017-2018]Status: DisposedITAT Kolkata11 Mar 2025AY 2017-2018

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyi.T.A. No.1654/Kol/2024 Assessment Year: 2017-18 Roomle Das……………………....…………...………......................……….……Appellant 4, East Belgharia 1St Lane, Belgharia, Kolkata – 700083. [Pan: Bfzpd1491R] Vs. Ito, Ward-50(4), Kolkata..............…..….…..….........……........……...…..…..Respondent Appearances By: Shri P. J. Bhide, Ar, Appeared On Behalf Of The Appellant. Shri Arup Chatterjee, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 10, 2025 Date Of Pronouncing The Order : March 11, 2025 Order Per Rajesh Kumar: The Present Appeal Filed By The Assessee For The Assessment Year 2017-18 Against The Order Dated 18.06.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, The Ld. Counsel For The Assessee Submitted That The Case Of The Assessee Could Not Be Represented Before The Assessing Officer Due To Certain Reasons Which Were Beyond The Control Of The Assessee & Therefore, The Assessment Was Framed By The Assessing Officer U/S 144 Vide Order Dated 24.12.2019. The Ld. Counsel Further Submitted That Even The Penalty Was Imposed By The Assessing Officer Of Rs.10,000/- U/S 272A(1)(D) Of The Act Vide Order Dated 30.12.2021 Which Was Deleted By The Tribunal On The Ground That There Was Sufficient Cause For Non- Compliance To The Said Notice As The Reasons Were Beyond The Control Of The Assessee. The Ld. Ar Further Submitted That Before The Ld. Cit(A), The

Section 142(1)Section 144Section 250Section 271A(1)(d)Section 272A(1)(d)