Section 275(1)(c) of the Income Tax Act

Income-tax Act, 2025: s.472

Section 275(1)(c) falls under section 275 of the Income-tax Act, 1961, which 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(1)(c) is CIT v. Eli Lily & Co. (312 ITR 225), cited in 221 of the 295 judgments on BharatTax that turn on this section.

Leading authorities on Section 275(1)(c)

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.

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.

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. Jai Laxmi Rice Mills Ambala City
64 Taxmann.com 75 · 2015 · Supreme Court
49
citing judgments

For initiating penalty proceedings under Section 271D or 271E, the Assessing Officer must record satisfaction in the assessment order; non-recording of such satisfaction is fatal to the penalty.

Grihalakshmi Vision v. Assistant Commissioner of Income Tax
379 ITR 100 · 2015 · High Court
42
citing judgments

The satisfaction of the Assessing Officer is not a prerequisite for the initiation of penalty proceedings. Penalty proceedings initiated by the Joint Commissioner of Income Tax are valid. The date of the show cause notice by the penalty imposing authority is relevant for computing limitation for imposing penalty under Section 271DA.

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.

Commissioner of Income Tax (TDS) v. IKEA Trading Hong Kong Ltd.
333 ITR 565 · 2011 · High Court
34
citing judgments

The date of issuance of a Show Cause Notice (SCN) for penalty is the relevant starting point for calculating the limitation period for passing penalty orders.

PCIT v. Rishikesh Buildcon (P.) Ltd.
147 Taxmann.com 220 · 2023 · High Court
27
citing judgments

Appeals related to statutory limitation periods for penalty proceedings are decided by considering relevant High Court judgments.

Judgments on Section 275(1)(c)