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)

Abhishek Agrawal, Giridih vs. Dy. C. I. T., Central Circle, Varanasi

In the result, all three appeals are dismissed

ITA 60/VNS/2026[2022-23]Status: DisposedITAT Varanasi23 Jul 2026AY 2022-23

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.58, 59 & 60/Vns/2026 A.Ys. 2020-21, 2021-22 & 2022-23 Abhishek Agrawal, Vs. Dy. Commissioner Of Income Tax, Surya, Giridih, Jharkhand Central Circle, Varanasi Pan: Bbypa9729A (Appellant) (Respondent) Assessee By: Sh. O.P. Shukla & Abadhesh Dubey, Advocates Revenue By: Sh. Koushlendra Tewari, Cit Dr Date Of Hearing: 11.05.2026 Date Of Pronouncement: 23.07.2026 O R D E R Per Bench: These Three Appeals Have Been Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A), Nfac, All Dated 14.08.2025, Wherein The Ld. Cit(A)-3, Lucknow Has Dismissed The Appeals Of The Assessee Against Levy Of Penalty Under Section 272A(1)(D) Of The Income Tax Act, 1961 Levied On The Assessee For The Assessment Years 2020-21, 2021-22 & 2022-23. The Grounds Of Appeal Are As Under:- Ita Nos.58, 59 & 60/Vns/2026 (A.Ys. 2020-21, 2021-22 & 2022-23 “1. Because The Ld. Commissioner Of (A) Was Not Justified To Confirm The Penalty U/S 272A(1)(D) Of The Income Tax Act Rs 10000/- Imposed By The Assessing Officer For Non-Compliance Of Notice U/S 142(1) Though The Order Has Been Passed By The Assessing Officer U/S 143(3) Of The Income Tax Act. 2. Because The Ld. Commissioner Of (A) Was Not Justified To Placed Reliance On The Judgment Of Hon'Ble Itat Allahabad Bench & Hon'Ble Delhi Itat In Case Of Pratima Agrawal & Akhil Bhartiya Samyak Bhawan Trust. 3. Because, The Appellant Craves For A Right To Raise Any Additional Ground During The Course Of Hearing Of The Case. 4. Because The Order Passed By The Ld. Assessing Officer Is Erroneous, Bad In Law & On Facts & Is Liable To Be Deleted.”

For Appellant: Sh. O.P. Shukla, & Abadhesh DubeyFor Respondent: Sh. Koushlendra Tewari, CIT DR
Section 142(1)Section 143(3)Section 202Section 272A(1)(b)Section 272A(1)(d)

Abhishek Agral, Giridih vs. Dy. C. I. T, Central Circle, Varanasi

In the result, all three appeals are dismissed

ITA 59/VNS/2026[2021-2022]Status: DisposedITAT Varanasi23 Jul 2026AY 2021-2022

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.58, 59 & 60/Vns/2026 A.Ys. 2020-21, 2021-22 & 2022-23 Abhishek Agrawal, Vs. Dy. Commissioner Of Income Tax, Surya, Giridih, Jharkhand Central Circle, Varanasi Pan: Bbypa9729A (Appellant) (Respondent) Assessee By: Sh. O.P. Shukla & Abadhesh Dubey, Advocates Revenue By: Sh. Koushlendra Tewari, Cit Dr Date Of Hearing: 11.05.2026 Date Of Pronouncement: 23.07.2026 O R D E R Per Bench: These Three Appeals Have Been Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A), Nfac, All Dated 14.08.2025, Wherein The Ld. Cit(A)-3, Lucknow Has Dismissed The Appeals Of The Assessee Against Levy Of Penalty Under Section 272A(1)(D) Of The Income Tax Act, 1961 Levied On The Assessee For The Assessment Years 2020-21, 2021-22 & 2022-23. The Grounds Of Appeal Are As Under:- Ita Nos.58, 59 & 60/Vns/2026 (A.Ys. 2020-21, 2021-22 & 2022-23 “1. Because The Ld. Commissioner Of (A) Was Not Justified To Confirm The Penalty U/S 272A(1)(D) Of The Income Tax Act Rs 10000/- Imposed By The Assessing Officer For Non-Compliance Of Notice U/S 142(1) Though The Order Has Been Passed By The Assessing Officer U/S 143(3) Of The Income Tax Act. 2. Because The Ld. Commissioner Of (A) Was Not Justified To Placed Reliance On The Judgment Of Hon'Ble Itat Allahabad Bench & Hon'Ble Delhi Itat In Case Of Pratima Agrawal & Akhil Bhartiya Samyak Bhawan Trust. 3. Because, The Appellant Craves For A Right To Raise Any Additional Ground During The Course Of Hearing Of The Case. 4. Because The Order Passed By The Ld. Assessing Officer Is Erroneous, Bad In Law & On Facts & Is Liable To Be Deleted.”

For Appellant: Sh. O.P. Shukla, & Abadhesh DubeyFor Respondent: Sh. Koushlendra Tewari, CIT DR
Section 142(1)Section 143(3)Section 202Section 272A(1)(b)Section 272A(1)(d)

Abhishek Agrawal, Giridih vs. Dy. C. I. T., Central Circle, Varanasi

In the result, all three appeals are dismissed

ITA 58/VNS/2026[2020-2021]Status: DisposedITAT Varanasi23 Jul 2026AY 2020-2021

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.58, 59 & 60/Vns/2026 A.Ys. 2020-21, 2021-22 & 2022-23 Abhishek Agrawal, Vs. Dy. Commissioner Of Income Tax, Surya, Giridih, Jharkhand Central Circle, Varanasi Pan: Bbypa9729A (Appellant) (Respondent) Assessee By: Sh. O.P. Shukla & Abadhesh Dubey, Advocates Revenue By: Sh. Koushlendra Tewari, Cit Dr Date Of Hearing: 11.05.2026 Date Of Pronouncement: 23.07.2026 O R D E R Per Bench: These Three Appeals Have Been Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A), Nfac, All Dated 14.08.2025, Wherein The Ld. Cit(A)-3, Lucknow Has Dismissed The Appeals Of The Assessee Against Levy Of Penalty Under Section 272A(1)(D) Of The Income Tax Act, 1961 Levied On The Assessee For The Assessment Years 2020-21, 2021-22 & 2022-23. The Grounds Of Appeal Are As Under:- Ita Nos.58, 59 & 60/Vns/2026 (A.Ys. 2020-21, 2021-22 & 2022-23 “1. Because The Ld. Commissioner Of (A) Was Not Justified To Confirm The Penalty U/S 272A(1)(D) Of The Income Tax Act Rs 10000/- Imposed By The Assessing Officer For Non-Compliance Of Notice U/S 142(1) Though The Order Has Been Passed By The Assessing Officer U/S 143(3) Of The Income Tax Act. 2. Because The Ld. Commissioner Of (A) Was Not Justified To Placed Reliance On The Judgment Of Hon'Ble Itat Allahabad Bench & Hon'Ble Delhi Itat In Case Of Pratima Agrawal & Akhil Bhartiya Samyak Bhawan Trust. 3. Because, The Appellant Craves For A Right To Raise Any Additional Ground During The Course Of Hearing Of The Case. 4. Because The Order Passed By The Ld. Assessing Officer Is Erroneous, Bad In Law & On Facts & Is Liable To Be Deleted.”

For Appellant: Sh. O.P. Shukla, & Abadhesh DubeyFor Respondent: Sh. Koushlendra Tewari, CIT DR
Section 142(1)Section 143(3)Section 202Section 272A(1)(b)Section 272A(1)(d)