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)

Rakesh Balkrishna More, Thane vs. Income Tax Officer, Kalyan

In the result, the grounds of appeal allowed for statistical purpose

ITA 5534/MUM/2026[2019-20]Status: DisposedITAT Mumbai06 Aug 2026AY 2019-20

Bench: Shri Pawan Singh & Shri Jagadish(Physicalhearing) Rakesh Balkrishna More Income Tax Officer, Kalyan 2Nd Floor, Opp. Laxmi Market, Near Vs 2Nd Floor, Rani Mansion, Murbad Jarimari Temple, Kalyan-Dombivali, Road, Kalyan, Kalyan-Dombivali, Maharashtra – 421301. Maharashtra – 421301. [Pan: Aikpm5900F] Appellant / Assessee Respondent / Revenue Assessee By Shri Prashant Ramesh Shinkar, Advocate Revenue By Ms. Jayshree Thakur, Sr. Dr Date Of Hearing 06.08.2026 Date Of Pronouncement 06.08.2026 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh; 1. This Appeal By Assessee Is Directed Against The Order Of Ld. Cit(A)/Nfacdated 10.03.2026 For Assessment Year (Ay) 2019-20. The Assessee Has Raised Following Grounds Of Appeal: “1. On The Facts & In Circumstances Of The Case & In The Law, The Order Under Section 250 Of The I.T. Act, 1961, Passed By Hon'Ble Commissioner Of Income-Tax (Appeals) Is Invalid & Bad In Law. 2. On The Facts & In Circumstances Of The Case & In Law, Hon'Ble Commissioner Of Income-Tax (Appeals) Erred In Dismissing An Appeal By Finding No Infirmity In The Assessment Order & Dismissing All The Grounds Of Appeal Raised By The Appellant. 3. On The Facts & In Circumstances Of The Case & In Law, The Learned Assessing Officer Erred In Making An Addition Of Rs.1,95,935/-To The Declared Total Income, Being Disallowance Of Expense U/S 40A(3) Of The Income-Tax Act 1961, Although An Appellant Has Valid Explanation For Not Taxing The Same. 4. On The Facts & In Circumstances Of The Case & In Law, The Learned Assessing Officer Erred In Relying On The Information Disseminated During The Rakesh Balkrishna More

Section 133ASection 144Section 234ASection 250Section 254(1)Section 270ASection 272A(1)(d)Section 40A(3)