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

Nna Cre Properties LLP, Mumbai vs. ACIT 20(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1499/MUM/2021[2014-15]Status: DisposedITAT Mumbai22 Jul 2022AY 2014-15

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.1499/Mum/2021 (निर्धारण वर्ा / Assessment Years: 2014-15) Nna Cre Properties Llp बिधम/ Acit-20(2) B-4101, B-Wing, One Room No.217, 2Nd Floor, Vs. Avighna Park, Mahadeo Piramal Chambers, Palav Marg, Curry Road, Lalbaug, Mumbai- Parel, Mumbai-400012. 400012. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aakfn0759M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Shri Chetan M. Kacha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 18/07/2022 घोषणा की तारीख /Date Of Pronouncement: 22/07/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/(Nfac), Delhi Dated 23.06.2021 For The Assessment Year 2014-15 Against The Penalty Confirmed U/S 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. The Grounds Of Appeal Of The Assessee Are As Under: - “1. Learned Ao Erred In Law As Well As On Facts In Issuing Notice U/S 274 R.W.S 271(1)(C) Without Application Of Mind, As The Same Is Issued Without Mentioning That Whether It Is Levied For Concealment Of The Particulars Of Income Or Furnishing Inaccurate Particulars Of Income. It Is Note Know To Appellate As To Under Which Ground The Penalty Is Proposed To Be Levied. Hon. Cit(A) Has Also Erred In Not Considering The Same. 2. Learned Ao Erred In Law As Well As On Facts In Levying Penalty U/S 271(1)(C) Of Rs.1,29,503/- On Disallowance Of Interest Of Rs.4,19,102/-

For Appellant: NoneFor Respondent: Shri Chetan M. Kacha (Sr. AR)
Section 271(1)(c)Section 274Section 275