Section 273B of the Income Tax Act

Income-tax Act, 2025: s.470

Section 273B of the Income-tax Act, 1961 corresponds to section 470 (Penalty not to be imposed in certain cases) of the Income-tax Act, 2025.

Read section 470 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 273B is Ashok Pai v. CIT (292 ITR 11), cited in 812 of the 2,226 judgments on BharatTax that turn on this section.

Leading authorities on Section 273B

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.

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. Eli Lily & Co.
312 ITR 225 · 2009 · Supreme Court
221
citing judgments

Section 195 of the Income Tax Act, which mandates tax withholding on payments to non-residents, applies only to sums that are otherwise chargeable to tax under the Act. Tax withholding provisions are not charging provisions.

Commissioner of Income Tax v. Noida Toll Bridge Co. Ltd.
262 ITR 260 · 2003 · High Court
121
citing judgments

Journal entries for accepting or repaying loans and deposits, without any actual cash transaction, do not violate the provisions of Section 269SS or Section 269T of the Income Tax Act. Consequently, such transactions do not attract penalties under Section 271D or Section 271E.

Commissioner of Income Tax v. Triumph International Finance (I) Ltd.
345 ITR 270 · 2012 · High Court
114
citing judgments

Transactions involving the receipt or repayment of loans or deposits solely through journal entries, without actual cash movement, contravene Sections 269SS and 269T. However, penalties under Sections 271D or 271E for such contraventions are not imposable if the assessee demonstrates a reasonable cause under Section 273B, particularly when no cash has passed between parties.

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. Jai Laxmi Rice Mills
379 ITR 521 · 2015 · Supreme Court
110
citing judgments

The assessing officer must record explicit satisfaction in the assessment order for initiating penalty proceedings under sections like 271D, 271E, 269SS, 269T, or 269ST; a mere recommendation or information to another authority is insufficient to validate the penalty.

CIT v. NHK Japan Broadcasting Corporation
305 ITR 137 · 2008 · High Court
96
citing judgments

When no specific statutory period of limitation exists, proceedings under Section 201(1) and 201(1A) of the Income-tax Act, particularly for payments to non-residents, must be initiated within a reasonable period of four years. This limitation also applies to consequential penalty proceedings under Section 271C.

Asst. Director of Inspection (Investigation) v. Kum. A.B. Shanthi
255 ITR 258 · 2002 · Supreme Court
61
citing judgments

The Supreme Court upholds the constitutional validity of Section 269SS of the Income Tax Act, 1961, which prohibits certain cash loans and deposits. This ruling is foundational for penalties under Section 271D and considering exemptions under Section 273B.

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.

Judgments on Section 273B

Munshi Mini Rice Mill, Hooghly vs. ITO, Ward-2(2), Kolkata, Hooghly

In the result, assessee’s appeal stands allowed

ITA 146/KOL/2017[2012-13]Status: DisposedITAT Kolkata04 Apr 2018AY 2012-13

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2012-13 Munshi Mini Rice Mill V/S. Income Tax Officer, C/O S.N. Ghosh & Ward-2(2), Aayakar Associates, Advocates, Bhawan, G.T. Road, “Sebenbrothers” Lodge, Khadina More, P.O. P.O. Buroshibtala, P.S. Chinsurah, P.S/. Chinsurah, Dist. Hooghly, Chinsurahk,, Dist. Pin 712105 Hooghly, Pin 712 101 [Pan No.Aaffm 1149 K] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Somnath Ghosh, Advocate अपीलाथ" क" ओर से/By Appellant Shri Sallong Yaden, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 28-02-2018 सुनवाई क" तार"ख/Date Of Hearing 04-04-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-6, Kolkata Dated 09.01.2017. Assessment Was Framed By Ito Ward-24(2), Hooghly U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 27.03.2015 For Assessment Year 2012-13. The Penalty Levied By Ao U/S 271(1)(B) Of The Act Vide Dated 112.11.2014. Grounds Raised By Assessee Are Reproduced Below:- “1. For That The Ld. Commissioner Of Income Tax (Appeals)-6, Kolkata Failed To Appreciate That None Of The Condition Precedent Required To Be Satisfied For The Assumption Of Jurisdiction U/S.274 Read With S. 271(1)(B) Of The Income Tax Act, 1961 Existed And/Or Have Been Complied With And/Or Fulfilled In The Instant Case By The Ld. Income Tax

Section 142(1)Section 143(3)Section 271(1)(b)Section 274

Ranjeet Shivhare, Betul vs. Deputy Commissioner of Income Tax(Central)-1, Bhopal

In the result, all fourteen appeals filed by the assessee(s) are allowed

ITA 58/JAB/2017[2015-16]Status: DisposedITAT Jabalpur16 Mar 2018AY 2015-16

Bench: Shri Kul Bharat & Shri Manish Borad""./ Ita Nos. 53 To 59/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Ranjeet Shivhare, Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Arups 3197 F Bhopal ""./ Ita Nos. 62 To 68/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Smt. Sunita Shivhare Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Bdgps 4272 Q Bhopal / (Appellant) / (Respondent)         Assessee By : Shri Dhiraj Ghai, Ca Revenue By : Shri Pd Chougule, Dr $ %&'/Date Of Hearing : 15/03/2018 ! "# $ %&' /Date Of Pronouncement: 16/03/2018 ()*+ "# .//O R D E R , - Per Bench :- This Bunch Of Fourteen Appeals By Two Assessees (Seven Appeals Each) Have Been Filed Against Two Separate Orders Of Learned Commissioner Of Income-Tax (Appeals)-3, Bhopal (Mp) Dated 02.08.2017 In The Case Smt. Sunita Shivhare & Dated 11.08.2017 In The Case Of Shri Ranjeet Shivhare, Arising Out Of Order U/S 271(1)(B) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “The Act”) Framed By The Dcit (Central)-1, Bhopal Imposing Penalty Of Rs.10,000/- Each In Assessment Years 2010-11 To 2016- 17. Since All These Appeals Pertain To The Same Group & The Issue Involved Is Also Identical, All These Appeals Are Decided By This Consolidated Order For The Sake Of Convenience.

For Appellant: Shri Dhiraj Ghai, CAFor Respondent: Shri PD Chougule, DR
Section 132Section 142(1)Section 153Section 271(1)(b)Section 273B

Ranjeet Shivhare, Betul vs. Deputy Commissioner of Income Tax(Central)-1, Bhopal

In the result, all fourteen appeals filed by the assessee(s) are allowed

ITA 57/JAB/2017[2014-15]Status: DisposedITAT Jabalpur16 Mar 2018AY 2014-15

Bench: Shri Kul Bharat & Shri Manish Borad""./ Ita Nos. 53 To 59/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Ranjeet Shivhare, Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Arups 3197 F Bhopal ""./ Ita Nos. 62 To 68/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Smt. Sunita Shivhare Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Bdgps 4272 Q Bhopal / (Appellant) / (Respondent)         Assessee By : Shri Dhiraj Ghai, Ca Revenue By : Shri Pd Chougule, Dr $ %&'/Date Of Hearing : 15/03/2018 ! "# $ %&' /Date Of Pronouncement: 16/03/2018 ()*+ "# .//O R D E R , - Per Bench :- This Bunch Of Fourteen Appeals By Two Assessees (Seven Appeals Each) Have Been Filed Against Two Separate Orders Of Learned Commissioner Of Income-Tax (Appeals)-3, Bhopal (Mp) Dated 02.08.2017 In The Case Smt. Sunita Shivhare & Dated 11.08.2017 In The Case Of Shri Ranjeet Shivhare, Arising Out Of Order U/S 271(1)(B) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “The Act”) Framed By The Dcit (Central)-1, Bhopal Imposing Penalty Of Rs.10,000/- Each In Assessment Years 2010-11 To 2016- 17. Since All These Appeals Pertain To The Same Group & The Issue Involved Is Also Identical, All These Appeals Are Decided By This Consolidated Order For The Sake Of Convenience.

For Appellant: Shri Dhiraj Ghai, CAFor Respondent: Shri PD Chougule, DR
Section 132Section 142(1)Section 153Section 271(1)(b)Section 273B

Ranjeet Shivhare, Betul vs. Deputy Commissioner of Income Tax(Central)-1, Bhopal

In the result, all fourteen appeals filed by the assessee(s) are allowed

ITA 56/JAB/2017[2013-14]Status: DisposedITAT Jabalpur16 Mar 2018AY 2013-14

Bench: Shri Kul Bharat & Shri Manish Borad""./ Ita Nos. 53 To 59/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Ranjeet Shivhare, Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Arups 3197 F Bhopal ""./ Ita Nos. 62 To 68/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Smt. Sunita Shivhare Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Bdgps 4272 Q Bhopal / (Appellant) / (Respondent)         Assessee By : Shri Dhiraj Ghai, Ca Revenue By : Shri Pd Chougule, Dr $ %&'/Date Of Hearing : 15/03/2018 ! "# $ %&' /Date Of Pronouncement: 16/03/2018 ()*+ "# .//O R D E R , - Per Bench :- This Bunch Of Fourteen Appeals By Two Assessees (Seven Appeals Each) Have Been Filed Against Two Separate Orders Of Learned Commissioner Of Income-Tax (Appeals)-3, Bhopal (Mp) Dated 02.08.2017 In The Case Smt. Sunita Shivhare & Dated 11.08.2017 In The Case Of Shri Ranjeet Shivhare, Arising Out Of Order U/S 271(1)(B) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “The Act”) Framed By The Dcit (Central)-1, Bhopal Imposing Penalty Of Rs.10,000/- Each In Assessment Years 2010-11 To 2016- 17. Since All These Appeals Pertain To The Same Group & The Issue Involved Is Also Identical, All These Appeals Are Decided By This Consolidated Order For The Sake Of Convenience.

For Appellant: Shri Dhiraj Ghai, CAFor Respondent: Shri PD Chougule, DR
Section 132Section 142(1)Section 153Section 271(1)(b)Section 273B

Ranjeet Shivhare, Betul vs. Deputy Commissioner of Income Tax(Central)-1, Bhopal

In the result, all fourteen appeals filed by the assessee(s) are allowed

ITA 55/JAB/2017[2012-13]Status: DisposedITAT Jabalpur16 Mar 2018AY 2012-13

Bench: Shri Kul Bharat & Shri Manish Borad""./ Ita Nos. 53 To 59/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Ranjeet Shivhare, Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Arups 3197 F Bhopal ""./ Ita Nos. 62 To 68/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Smt. Sunita Shivhare Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Bdgps 4272 Q Bhopal / (Appellant) / (Respondent)         Assessee By : Shri Dhiraj Ghai, Ca Revenue By : Shri Pd Chougule, Dr $ %&'/Date Of Hearing : 15/03/2018 ! "# $ %&' /Date Of Pronouncement: 16/03/2018 ()*+ "# .//O R D E R , - Per Bench :- This Bunch Of Fourteen Appeals By Two Assessees (Seven Appeals Each) Have Been Filed Against Two Separate Orders Of Learned Commissioner Of Income-Tax (Appeals)-3, Bhopal (Mp) Dated 02.08.2017 In The Case Smt. Sunita Shivhare & Dated 11.08.2017 In The Case Of Shri Ranjeet Shivhare, Arising Out Of Order U/S 271(1)(B) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “The Act”) Framed By The Dcit (Central)-1, Bhopal Imposing Penalty Of Rs.10,000/- Each In Assessment Years 2010-11 To 2016- 17. Since All These Appeals Pertain To The Same Group & The Issue Involved Is Also Identical, All These Appeals Are Decided By This Consolidated Order For The Sake Of Convenience.

For Appellant: Shri Dhiraj Ghai, CAFor Respondent: Shri PD Chougule, DR
Section 132Section 142(1)Section 153Section 271(1)(b)Section 273B

Ranjeet Shivhare, Betul vs. Deputy Commissioner of Income Tax(Central)-1, Bhopal

In the result, all fourteen appeals filed by the assessee(s) are allowed

ITA 54/JAB/2017[2011-12]Status: DisposedITAT Jabalpur16 Mar 2018AY 2011-12

Bench: Shri Kul Bharat & Shri Manish Borad""./ Ita Nos. 53 To 59/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Ranjeet Shivhare, Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Arups 3197 F Bhopal ""./ Ita Nos. 62 To 68/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Smt. Sunita Shivhare Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Bdgps 4272 Q Bhopal / (Appellant) / (Respondent)         Assessee By : Shri Dhiraj Ghai, Ca Revenue By : Shri Pd Chougule, Dr $ %&'/Date Of Hearing : 15/03/2018 ! "# $ %&' /Date Of Pronouncement: 16/03/2018 ()*+ "# .//O R D E R , - Per Bench :- This Bunch Of Fourteen Appeals By Two Assessees (Seven Appeals Each) Have Been Filed Against Two Separate Orders Of Learned Commissioner Of Income-Tax (Appeals)-3, Bhopal (Mp) Dated 02.08.2017 In The Case Smt. Sunita Shivhare & Dated 11.08.2017 In The Case Of Shri Ranjeet Shivhare, Arising Out Of Order U/S 271(1)(B) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “The Act”) Framed By The Dcit (Central)-1, Bhopal Imposing Penalty Of Rs.10,000/- Each In Assessment Years 2010-11 To 2016- 17. Since All These Appeals Pertain To The Same Group & The Issue Involved Is Also Identical, All These Appeals Are Decided By This Consolidated Order For The Sake Of Convenience.

For Appellant: Shri Dhiraj Ghai, CAFor Respondent: Shri PD Chougule, DR
Section 132Section 142(1)Section 153Section 271(1)(b)Section 273B

Ranjeet Shivhare, Betul vs. Deputy Commissioner of Income Tax(Central)-1, Bhopal

In the result, all fourteen appeals filed by the assessee(s) are allowed

ITA 53/JAB/2017[2010-11]Status: DisposedITAT Jabalpur16 Mar 2018AY 2010-11

Bench: Shri Kul Bharat & Shri Manish Borad""./ Ita Nos. 53 To 59/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Ranjeet Shivhare, Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Arups 3197 F Bhopal ""./ Ita Nos. 62 To 68/Jab/2017 "" " " " " " "  / Assessment Year : 2010-11 To 2016-17   Smt. Sunita Shivhare Deputy Commissioner Of C-29, Civil Lines, Vs Income-Tax Betul (Mp) Cenral-1, Pan : Bdgps 4272 Q Bhopal / (Appellant) / (Respondent)         Assessee By : Shri Dhiraj Ghai, Ca Revenue By : Shri Pd Chougule, Dr $ %&'/Date Of Hearing : 15/03/2018 ! "# $ %&' /Date Of Pronouncement: 16/03/2018 ()*+ "# .//O R D E R , - Per Bench :- This Bunch Of Fourteen Appeals By Two Assessees (Seven Appeals Each) Have Been Filed Against Two Separate Orders Of Learned Commissioner Of Income-Tax (Appeals)-3, Bhopal (Mp) Dated 02.08.2017 In The Case Smt. Sunita Shivhare & Dated 11.08.2017 In The Case Of Shri Ranjeet Shivhare, Arising Out Of Order U/S 271(1)(B) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “The Act”) Framed By The Dcit (Central)-1, Bhopal Imposing Penalty Of Rs.10,000/- Each In Assessment Years 2010-11 To 2016- 17. Since All These Appeals Pertain To The Same Group & The Issue Involved Is Also Identical, All These Appeals Are Decided By This Consolidated Order For The Sake Of Convenience.

For Appellant: Shri Dhiraj Ghai, CAFor Respondent: Shri PD Chougule, DR
Section 132Section 142(1)Section 153Section 271(1)(b)Section 273B