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. Millenium Automation & System Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeal of the assessee is allowed

ITA 5698/DEL/2015[2011-12]Status: DisposedITAT Delhi10 Oct 2017AY 2011-12

Bench: Sh. N.K.Saini & Sh.K.N.Charymillennium Automation & Systems Ltd., Vs Dcit, E-48/09, Okhla Industrial Area, Circle-6(1), Phase-Ii, New Delhi-110020. New Delhi. Pan-Aaccm4538N (Appellant) (Respondent) Appellant By Sh. Ajay Wadhwa, Adv. Respondent By Sh. S.P.Gupta, Sr.Dr Date Of Hearing 14.09.2017 Date Of Pronouncement 10.10.2017 Order Per K.N.Charythis Appeal Preferred By The Assessee Is Directed Against The Order Dated 31.08.2015 In Appeal No.499/14-15 Passing By The Commissioner Of Income Tax (Appeal) [In Short “Cit(A)”]-6, Delhi For 2011-12 Assessment Year Where Ld.Cit(A) Confirmed The Penalty Of Rs.5,55,000/- Levied By The Ao. 2. Briefly Stated Facts Are That The Assessee Is A Company, Engaged In The Business Of Purchase & Sale Of Computer & Accessories & Have Was Also Deriving Rental Income. For Ay 2011-12, The Assessee Filed Return Of Income On 28.09.2011 Declaring A Total Income Of Rs.2,54,77,981/- & During The Course Of Scrutiny Assessment U/S 143(3) Of The Income Tax Act, 1961 (In Short “Act”), The Ao Observed That The Assessee Had Declared Income From House Property In Respect Of Rent Receipt Of Rs.1,20,28,152/- & Claimed Eligible Deduction U/S 24 Of The Act 1 Besides Depreciation In Respect Of The Building. The Ao Disallowed Depreciation Of Rs.16,27,486/- & Added Back To The Income Of The Assessee. Simultaneously, Ao

Section 143(3)Section 154Section 24Section 271(1)(c)Section 274

Sri Chandan Das, Kolkata vs. ITO, WD-24(3), Kolkata

In the result, the appeal of assessee is allowed

ITA 293/KOL/2016[2010-2011]Status: DisposedITAT Kolkata06 Oct 2017AY 2010-2011

Bench: Shri A. T. Varkey, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.293/Kol/2016 (िनधा"रण वष" / Assessment Year: 2010-11 Sri Chandan Das Vs. I.T.O, Ward – 24(3), Kolkata 68/38, Jessore Road, Amarpally, Kolkata – 700 064. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Adopd 6585 G (Appellant) .. (Respondent) Appellant By :Shri Sunil Surana, Fca Respondent By :Shri David Z. Chawngthu, Acit, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 03/10/2017 घोषणा की तारीख/Date Of Pronouncement : 06/10/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Appeal Filed By The Assessee Is Against The Order Of Ld. Cit(A)- 18, Kolkata Dated 28.01.2016 For A.Y 2010-11. 2. At The Outset Itself, At The Time Of Hearing, The Ld. Counsel For The Assessee Drew Our Attention To The Notices U/S. 274 Of The Act R.W.S. 271 Of The Act Dated 13.12.2012 & Served On The Assessee Wherein We Note That The Ao Has Not Struck Down The Limb Of Charge/Default For Which The Penalty Is Being Initiated Against The Assessee. We Find That The Notice Has Been Issued For Having Concealed The Particulars Of Income Or Furnished Inaccurate Particulars Of Such Income. We Note That In A Similar Case The Hon’Ble High Court Of Karnataka In The Case Of Cit Vs Manjunatha Cotton & Ginning Factory Reported In (2013) 359 Itr 565 (Kar) Has Cancelled The Penalty Taking Note Of The Fact That The Penalty Notice Did Not Spell Out Clearly As To Whether The Assessee Has Concealed The Particulars Of Income Or Has Furnished Inaccurate Particulars Of Income. We Also Find That Hon’Ble Karnataka High Court In The Case Of Cit Vs. Ssa’S Emerald Meadows, Reported In (2016) 73 Taxmann.Com 241 (Kar) Endorsed The Same View In Manjunatha Cotton & Ginning Factory (Supra) & Held As Under:

For Appellant: Shri Sunil Surana, FCAFor Respondent: Shri David Z. Chawngthu, ACIT, Sr. DR
Section 271(1)(c)Section 274