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section 271(1)(c)

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No Penalty for Voluntary Correction of Bona fide computational mistakes During Assessment 

Income Tax : The Tribunal held that penalty under section 271(1)(c) cannot be imposed when errors are voluntarily corrected during assessment. ...

March 20, 2026 711 Views 0 comment Print

Penalties and Prosecutions Under Income tax Act, 1961

Income Tax : A summary of key penalties under the Income Tax Act for AY 2026-27, covering defaults from late filing and non-payment to misrepor...

October 28, 2025 532074 Views 4 comments Print

Penalty u/s 271(1)(c) Not Sustainable for Bona Fide 54F Claim Delayed by Builder Default: ITAT Delhi

Income Tax : ITAT Delhi held penalty u/s 271(1)(c) unsustainable as 54F exemption failed due to builder delay, not taxpayer’s fault. Full dis...

July 16, 2025 1182 Views 0 comment Print

Invalid Income-tax Section 271(1)(c) Penalty: Non-Specific Charge Legal Analysis

Income Tax : Understand why an income-tax penalty under Section 271(1)(c) is invalid if the charge isn't specified as concealment or inaccurate...

June 7, 2025 3381 Views 0 comment Print

Penalty Proceedings Deferred must be During Quantum Appeal: Legal Framework & Judicial Insights

Income Tax : Learn how taxpayers can defer income tax penalty proceedings when quantum additions are under appeal. Understand legal grounds and...

June 6, 2025 5223 Views 0 comment Print


Latest News


Easwar Committee Recommends Non-Levy Of Penalty in certain circumstances

Income Tax : The Committee recommends that the scope of Section 273B should be suitably enlarged to provide that penalty for concealment of inc...

January 21, 2016 1162 Views 0 comment Print


Latest Judiciary


ITAT Rajkot Quashes Reassessment as Escaped Income Was Below ₹50 Lakh Threshold

Income Tax : Tribunal held that reassessment beyond three years was not permissible where alleged escaped income was only ₹38 lakh. Since sta...

June 7, 2026 36 Views 0 comment Print

No Section 271(1)(c) Penalty if Full Disclosure Made in Return & Audit Report: ITAT Rajkot

Income Tax : The Tribunal held that penalty was not justified where all relevant facts were disclosed in the return of income, audit report, an...

June 7, 2026 57 Views 0 comment Print

ITAT Delhi Deletes Section 271(1)(c) Penalty as Notice Lacked Specific Charge

Income Tax : The Delhi ITAT upheld deletion of a penalty after finding that the show-cause notice failed to specify the applicable limb of Sect...

June 5, 2026 81 Views 0 comment Print

Section 68 Addition Quashed as Loans Were Repaid Through Banking Channels: ITAT Ahmedabad

Income Tax : ITAT Ahmedabad held that unsecured loan additions could not be sustained where the assessee furnished confirmations, bank statemen...

June 5, 2026 246 Views 0 comment Print

No 14A Disallowance Without Satisfaction, No Penalty on Debatable Issues

Income Tax : The Bangalore ITAT held that a disallowance under Section 14A read with Rule 8D cannot survive without the Assessing Officer recor...

June 4, 2026 162 Views 0 comment Print


Latest Notifications


Immunity under Section 270AA of Income-tax Act, 1961- CBDT Clarifies

Income Tax : Section 270AA of the Income-tax Act, 1961 (the Act) inter alia provides that w.e.f. 1 st April, 2017, the Assessing Officer, on an...

August 16, 2018 12054 Views 0 comment Print


Without Demonstrating any Concealment in Seized Material No Penalty Can Be Levied By AO

March 1, 2021 1377 Views 0 comment Print

Rishabh Buildwell P. Ltd. Vs DCIT (ITAT Delhi) Once the assessee files a revised return under Section 1 53A, for all other provisions of the Act, the revised return will be treated as the original return filed under Section 139. For the Revenue to invoke Explanation-5, it would have to prove that its requirements are […]

No Section 271(1)(c) Penalty when No Concealment In ITR

February 26, 2021 4191 Views 0 comment Print

Balee Plastics Pvt. Ltd. Vs ITO (ITAT Mumbai) We find that on perusal of page 10 read with page 13 of the factual paper book filed by the assessee comprising of the profit and loss account for the year ended 31/03/2009 and the schedule for the other income thereon, the sum of Rs.3 Crores has […]

No penalty for duly disclosed  transactions reflected in seized dairies in Returns pursuant to Section 153A notice

January 13, 2021 819 Views 0 comment Print

Jayant B Patel HUF Vs DCIT (ITAT Mumbai) (a) No penalty under Explanation-5 to Section 271(1)(c) of the Act could be levied in respect of undisclosed income found in the course of search but which were duly returned by the assessee in the return filed u/s.153A of the Act together with compliance of other conditions […]

No Penalty if issue is debatable on which Appeal is been admitted

December 22, 2020 9411 Views 0 comment Print

Delhi High Court has upheld the deletion of the penalty on the ground i.e. the fact that appeals were admitted proved that the issue was debatable.

Despite addition no penalty when Assessee has already disclosed all facts

December 22, 2020 3783 Views 0 comment Print

ACIT Vs Kishangarh Hi Tech Textile Park Ltd. (ITAT Jaipur) Since the assessee has disclosed entire facts in the Balance Sheet with regard to the subsidy of Rs. 36.00 crores received by it and the depreciation at 80% on the entire windmill as a whole has been claimed on the basis of various decisions of […]

Penalty cannot be imposed for merely treating capital asset as Agricultural Land

December 8, 2020 1329 Views 0 comment Print

Shri Babuji Jacob Vs ITO (Madras High Court) Admittedly, all the amounts were received by the assessee through banking channels and he had mentioned about the same in his return of income. The only mistake done by the assessee was to treat both the lands as agricultural lands. Once the notice under Section 143(3) of […]

ITAT remands back the issue of Section 271(1)(c) Penalty to AO

November 29, 2020 1020 Views 0 comment Print

Fox Mandal & Co. Vs ACIT (ITAT Delhi) It is an admitted fact that despite number of opportunities granted by the Ld. CIT(A), there was no compliance from the side of the assessee for which the Ld. CIT(A) was constrained to decide the appeal exparte and thereafter sustained the penalty levied by the AO u/s. […]

No penalty if no deliberate attempt to evade payment of taxes

November 10, 2020 1578 Views 0 comment Print

Advent Computer Services Ltd. Vs ACIT (ITAT Chennai)  It is an admitted fact that assessee has not reported capital gain derived from transfer of equity shares in pursuant to the direction of the Hon’ble High Court of Madras for amalgamation of M/s. i Theories Business Factory India Pvt. Ltd., with the assessee company, even though […]

No section 36(1)(iii) disallowance unless Direct Nexus between Borrowed Funds & Capital Withdrawals

November 4, 2020 2172 Views 0 comment Print

The issue under consideration is whether disallowance u/s 36(1)(iii) made by AO forming an opinion that interest bearing funds were withdrawn from the firm being capital withdrawn by the partners and interest free advances is justified in law?

Section 132(4) statement & notings found during search sufficient to invoke section 153A jurisdiction

October 21, 2020 4635 Views 0 comment Print

The issue under consideration is whether the assessee is correct in stating that cognizance taken under section 153A of the Act is illegal at the end of the A.O.?

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