Section 275 of the Income Tax Act

Income-tax Act, 2025: s.472

Section 275 of the Income-tax Act, 1961 corresponds to section 472 (Bar of limitation for imposing penalties) of the Income-tax Act, 2025.

Read section 472 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 275 is CIT v. Hissaria Bros. (291 ITR 244), cited in 132 of the 312 judgments on BharatTax that turn on this section.

Leading authorities on Section 275

CIT v. Hissaria Bros.
291 ITR 244 · 2007 · High Court
132
citing judgments

Penalty proceedings for defaults under Sections 269SS and 269T are independent of assessment proceedings; therefore, the limitation period under Section 275(1)(c) for imposing such penalties is not contingent on the completion of appellate quantum proceedings.

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.

Pr. CIT v. Golden Peace Hotels and Resorts (P) Ltd.
124 Taxmann.com 249 · 2021 · Supreme Court
105
citing judgments

A penalty levied under Section 271(1)(c) is not sustainable if the notice issued under Section 274 fails to specifically mention whether the charge relates to concealment of income or furnishing inaccurate particulars of income. The Assessing Officer must specify the exact charge for the penalty to be valid.

Principal Commissioner of Income-tax\n(Central)-2 v. Mahesh Wood Products (P.) Ltd.
394 ITR 312 · 2017 · High Court
86
citing judgments

The date of initiation of penalty proceedings for the purpose of Section 275(1)(c) is when the Assessing Officer records a satisfaction or recommends penalty, not the later date when the Joint/Additional Commissioner of Income Tax issues the penalty notice.

CIT v. Hissaria Brothers
386 ITR 719 · 2016 · Supreme Court
68
citing judgments

The relevant date for determining the limitation period under Section 275(1)(c) for passing penalty orders under Sections 271D and 271E is the date of passing the assessment order.

Principal Commissioner of Income-tax-5 v. JKD\nCapital & Finlease Ltd.
378 ITR 614 · 2015 · High Court
51
citing judgments
CIT v. Standard Brands Ltd.
285 ITR 295 · 2006 · High Court
41
citing judgments

Penalty proceedings under Section 271D or 271E are not justified if no regular assessment order has been framed; merely processing a return under Section 143(1)(a) is insufficient to initiate such penalty action.

CIT v. Jitendra Singh Rathore
352 ITR 327 · 2013 · High Court
39
citing judgments

Penalty orders under sections 271D and 271E passed beyond six months from the end of the month in which the assessment was completed are barred by limitation. Section 275(1)(c) is applicable to such cases, and the limitation period is not reckoned from the date of the show-cause notice.

CIT v. Whirlpool of India Ltd.
64 Taxmann.com 324 · 2015 · High Court
38
citing judgments

Provisions for warranty expenses are allowable as a business deduction if they represent a probable outflow of resources and a reliable estimate can be made of the obligation. This applies even if the provision is revised based on actuarial valuation and expected claims.

LG Electronics India Pvt. Ltd. v. ACIT
29 Taxmann.com 300 · 2013 · High Court
37
citing judgments

The 'bright line test' is not an appropriate method for determining the existence of an international transaction for calculating arm's length price. This ruling overrules prior special bench decisions on AMP expenses.

Judgments on Section 275

DCIT, Central Circle 3, New Delhi vs. Harish Kumar Agrawal, Uttar Pradesh

In the result, the appeal of the Revenue is dismissed

ITA 8900/DEL/2025[2020-21]Status: DisposedITAT Delhi05 Aug 2026AY 2020-21

Bench: Shri Anubhav Sharma & Shri Sanjay Awasthiassessment Year: 2020-21 Dcit, Vs. Harish Kumar Agrawal, Central Circle-3, Room No.333, House No.Hka-1, Gali No.3, Arya E-2, Ara Centre, Nagar, Mathura Road, Kosi Kalan, Jhandewalan Extension, Mathura, Uttar Pradesh 281403. New Delhi, Delhi 110055. Pan No. Aawpa1906F Appellant Respondent Assessee By Shri M.M. Agarwal, Ca Revenue By Shri Jitender Singh, Cit Dr Date Of Hearing: 14.07.2026 Pronouncement On 05.08.2026 O R D E R Per Sanjay Awasthi: 1. This Appeal Arises From Order Of Ld.Cit(A), Delhi-23, U/S 250 Of The Income Tax Act, 1961 (Hereafter As “The Act”), Order Dated 28.10.2025. 1.1 In This Case, The Facts In Brief Are That Owning To A Search Conducted On 17.08.2020 In The Case Of Pranjil Batra Group, The Ld. Ao Made An Addition Of Rs.86.50 Lakhs Towards Undisclosed Consideration With Respect To Property On The Basis Of Certain Papers Found During The Course Of The Said Search. It Was Held That The Assessee Had Received The Amount Of Rs.86.50 Lakhs In Cash & Thereby It Was Held That This Was Violative Of The Provision Of Section 269Ss Of The Act. Thereafter, The Ld. Ao Imposed A Penalty U/S 271D Of The Act On The Like Amount. 1 Harish Kumar Agrawal 1.2 The Aggrieved Assessee Approached The Ld.Cit(A) Where He Could Succeed On The Basis Of The Finding That In The Quantum Matter The Itat In The Assessee’S Own Case [Ita 5652/Del/2024, Order Dated 03.06.2025], Had Observed As Under: -

Section 153CSection 250Section 269SSection 271DSection 271ESection 275

Narsingh, Pilibhit vs. ITO-2(4), Pilibhit

In the result, the appeal of the assessee is allowed

ITA 35/LKW/2026[2015-16]Status: DisposedITAT Lucknow26 May 2026AY 2015-16

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2015-16 Narsingh, Vs. Ito-2(4), 0, Madhotanda, Puranpur, Pilibhit, Pilibhit, Uttar Pradesh Uttar Pradesh, India-262122 Pan: Anapn5866A (Appellant) (Respondent) Assessee By: Sh. Vinod Kumar Vaish, Advocate Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 21.04.2026 Date Of Pronouncement: 26.05.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac, Wherein The Ld. Cit(A), Vide His Order Under Section 250 Of The Income Tax Act, 1961 Dated 13.11.2025, Has Dismissed The Appeals Of The Assessee Against The Orders Passed By The Ld. Ao Under Section 271(1)(C) For The A.Y. 2015-16 On 19.09.2025. The Grounds Of Appeal Are As Under:- “(1) That The Order Is Bad Both On Law & Facts. The Provisions Of Section 274 & 275 Has Not Been Followed By The Assessing Authority While Passing The Order. (2) That The Concerned Authority Did Not Consider The Explanation Filed By The Appellant During The Assessment Proceeding Before The Assessing Authority & The Ld Cit Appeals Which Was Supported With Evidences & Bank Statements. The Ground Of Peak Deposit Was Not Considered By The Lower Authority While Passing The Penalty Order. (3) Because The Order Passed By The Ld. Assessing Officer (Ao In Short) Is Defective & Contrary To Law & Is Liable To Be Set Aside As The Penalty Has Been Imposed For "Furnishing Inaccurate Particulars Of Income", Whereas The Ld. Ao Has Nowhere In His Assessment Order Identified Any Inaccurate Information Supplied By The Appellant.

For Appellant: Sh. Vinod Kumar Vaish, AdvocateFor Respondent: Sh. R.R.N. Shukla, Addl CIT DR
Section 250Section 271(1)(c)Section 274Section 69A