Section 274 of the Income Tax Act

Income-tax Act, 2025: s.471

Section 274 of the Income-tax Act, 1961 corresponds to section 471 (Procedure) of the Income-tax Act, 2025.

Read section 471 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 274 is CIT v. Manjunatha Cotton & Ginning Factory (359 ITR 565), cited in 2,590 of the 4,894 judgments on BharatTax that turn on this section.

Leading authorities on Section 274

CIT v. Manjunatha Cotton & Ginning Factory
359 ITR 565 · 2013 · High Court
2,590
citing judgments

A penalty notice issued under section 274 read with section 271(1)(c) is invalid if it fails to specify whether the penalty proceedings are initiated for concealment of income or for furnishing inaccurate particulars of income. This non-specification vitiates the penalty proceedings.

CIT v. Reliance Petroproducts Pvt. Ltd.
322 ITR 158 · 2010 · Supreme Court
2,228
citing judgments

Penalty under Section 271(1)(c) for furnishing inaccurate particulars or concealment of income is not automatically leviable if the assessee has made a full disclosure of all particulars and the addition or disallowance arises from a difference of opinion.

CIT v. SSA’s Emerald Meadows
73 Taxmann.com 248 · 2016 · Supreme Court
953
citing judgments

A notice issued under Section 274 read with Section 271(1)(c) is invalid if it fails to specify whether penalty proceedings are for concealment of particulars of income or furnishing inaccurate particulars of income. Such lack of specificity vitiates the penalty proceedings.

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.

CIT v. SSA’s Emerald Meadows
73 Taxmann.com 241 · 2016 · High Court
791
citing judgments

A penalty notice under section 271(1)(c) read with section 274 of the Income Tax Act is invalid if it fails to specify whether the penalty is for concealment of income or for furnishing incorrect particulars of income.

Mr. Mohd. Farhan A. Shaikh v. ACIT
434 ITR 1 · 2021 · High Court
672
citing judgments

A penalty notice issued under section 274 read with section 271(1)(c) is invalid if it fails to specify the exact charge by not striking off the irrelevant limb (concealment of income or furnishing inaccurate particulars of income). Such an omnibus or vague notice renders the penalty proceedings bad in law, and any penalty imposed on its basis is liable to be quashed.

Dilip N. Shroff v. JCIT
291 ITR 519 · 2007 · Supreme Court
565
citing judgments

A penalty notice issued under Section 271(1)(c) is invalid if the Assessing Officer fails to strike out the inapplicable limb (concealment or furnishing inaccurate particulars) from the standard proforma, indicating non-application of mind. The initial burden of proving concealment or inaccurate particulars rests on the Revenue.

CIT v. Kaushalya
216 ITR 660 · 1995 · High Court
511
citing judgments

A penalty levied under Section 271(1)(c) for concealment or furnishing inaccurate particulars of income is not invalidated by the Assessing Officer's failure to strike off irrelevant portions in the show cause notice, provided the assessee understood the exact charge and suffered no prejudice, indicating an application of mind by the AO.

CIT v. Manu Engg
122 ITR 306 · 1980 · High Court
505
citing judgments

When levying a penalty under Section 271(1)(c), the Assessing Officer must clearly specify whether it is for concealment of income or furnishing inaccurate particulars. An ambiguous notice or order using "and/or" for these limbs, or a standard proforma without striking irrelevant clauses, indicates non-application of mind and renders the penalty unsustainable.

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.

Judgments on Section 274

M/S Expert Jewellers Pvt. Ltd., Kolkata vs. ITO, Ward-5(3), Kolkata

In the result, assessee’s appeal stands allowed

ITA 61/KOL/2017[2008-09]Status: DisposedITAT Kolkata04 Apr 2018AY 2008-09

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2008-09 M/S Expert Jewellers Pvt. V/S. Income Tax Officer, Ltd., 9/12 Lal Bazar Ward-5(2), Aayakar Street, Block-A, Bhawan, -7, Kolkata-001 Chowringhee Square, [Pan No.Aabce 9275 H] Kolkata-69 .. अपीलाथ" /Appellant ""यथ"/Respondent Parnashree Banerjee, Advocate अपीलाथ" क" ओर से/By Appellant Shri G. Hangshing 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 18.10.2016. Assessment Was Framed By Ito Ward-5(3), Kolkata U/S 143(3)/263/143(3)/147 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 26.09.2014 For Assessment Year 2008-09. The Assessee Has Raised Following Grounds:- “1. That, On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred & Acted Against The Principal Of Natural Justice In Having Passed The Ex Parte Appellate Order Without Affording Adequate Opportunity Of Being Heard To The Appellant & Hence The Same Is Liable To Be Quashed. 2. That, The Ld. Cit(A) Further Erred In Having Presumed For Alleged Non- Compliance Of Notices That The Appellant Did Not Appear To Be Interested In Pursuing The Appeal, Leading To Dismissal Of All The Grounds On The Sole Foundation That In His Appellate Order He Has Upheld The Addition Of Rs.9,69,00,702/- As Unexplained Cash Credit, Which Has Resulted In Concealment Of Particulars Of Income.

Section 143(3)Section 271(1)(c)Section 68

ACIT, Central Circle-2(3), Kolkata vs. M/S Basanti Properties Pvt. Ltd., Kolkata

In the result, Revenue’s appeal stands dismissed

ITA 151/KOL/2017[2013-14]Status: DisposedITAT Kolkata04 Apr 2018AY 2013-14

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2013-14 Acit, Central Circle- V/S. M/S Basanti Properties 2(3), Roomno403, 4Th Pvt. Ltd., 107/1, Park Floor, Aayakar Bhawan Street, Kolkata-16 Poorva,110, Shanti [Pan No.Aabcb 0344 E] Pally, E.M. Bye-Pass, Kolkata-107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri G. Hangshing, Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri A.K. Tibrewal, Fca ""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 Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-20, Kolkata Dated 08.11.2016. Penalty Imposed By Assessing Officer U/S 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 29.09.2014 For Assessment Year 2013-14. Shri G. Hangshing, Ld. Departmental Representative Appeared On Behalf Of Revenue & Shri A.K. Tibrewal, Ld. Authorized Representative Appeared On Behalf Of Assessee. 2. Sole Issue Raised By The Revenue In This Appeal Is That Ld. Cit(A) Erred In Deleting The Penalty Levied By The Assessing Officer U/S 271(1)(C) Of The Act.

Section 133ASection 271Section 271(1)(c)Section 274

ACIT, Central Circle-2(3), Kolkata vs. M/S Kwality Ltd., New Delhi

In the result, Revenue’s appeal stands dismissed

ITA 150/KOL/2017[2011-2012]Status: DisposedITAT Kolkata04 Apr 2018AY 2011-2012

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2011-12 Acit, Central Circle- V/S. M/S Kwality Ltd. 2(3), Room No. 403, 4Th F-82, Shivaji Place, Floor, Aayakar Bhawan, Rajouri Garden, New Poorva, 110, Shanti Delhi-100 027 Pally, E.M. Bye-Pas, [Pan No.Aabck 1289 R] Kolkata-107 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri G. Hangshing, Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri A.K. Tibrewal, Fca ""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 Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-20 Dated 08.11.2016. Penalty Levied By Assessing Officer U/S 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 29.09.2015 For Assessment Year 2011-12. The Revenue Has Raised Following Ground:- “(I) That, Under The Facts & Circumstances Of The Case & In View Of The Distinction Of Facts Of The Instant Case (Discussed Elaborately In Respect To He Statement Of Facts) That The Of The Case Law Relied Upon In Deciding The Case In Favour Of The Assessee, The Ld. Cit(A) Erred In Allowing Relief To The Assessee. (Ii) That The Appellant Craves Leave To Add, Alter Or Amend Any Ground Or Grounds Of Appeal Before Or At The Time Of Hearing.”

Section 132Section 139Section 153ASection 271Section 271(1)(c)Section 274