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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


Sham Transactions with object to reduce tax liability liable for Penalty

November 16, 2014 3188 Views 0 comment Print

In the case in hand, from the facts, it was clearly established that the assessee had put a wrongful claim of depreciation and thereby had furnished inaccurate particulars of income for the purpose of concealment of real income, hence, the penalty proceedings were correctly initiated by the AO.

Penalty u/s 271(1)(c) should not be levied on the amount which was voluntarily surrendered by the assessee during survey

October 25, 2014 3300 Views 0 comment Print

It is evident from the record that surrender was made during the course of survey by the assessee and furnished the return of income declaring additional income and paid the tax thereon. Nothing has been brought out on record by the Assessing Officer that the surrender was made when the assessee was cornered by the Assessing Officer.

Share broker business commences the day on which assessee files registration application with NSE

October 24, 2014 2384 Views 0 comment Print

The company was incorporated on 24-11-2004 under the Indian Companies Act with the authorized capital of Rs. 2,00,00,000/- being minimum capital for the company obtaining membership of stock broker.

Refund cannot be denied for failure of Tax Department

October 23, 2014 2624 Views 0 comment Print

There is no dispute about the fact that the order of penalty at annexure A dated 12.3.2010 was made against the petitioner on the basis of the assessment of income of the petitioner done by the assessing officer under section 143(3) of the Act.

Penalty u/s 271(1)(c) cannot be levied for mere non acceptance of explanation furnished by the assessee

October 21, 2014 2738 Views 0 comment Print

Issue -During the course of search certain valuables including jewellery was found and the assessee has filed detailed explanation regarding the source of acquisition of jewellery. The assessee has explained that out of the jewellery found, some part belongs to the wife of the assessee

In absence of Tax Advantage and Huge Loss , Penalty not leviable

September 14, 2014 4375 Views 0 comment Print

Assessing Officer has observed that the contentions of the Assessee are considered, but found not acceptable. From the contentions, what has been deduced is that the particulars of income filed by the Assessee were not correct or to put it in the language of the Act

No penalty for mere reason that claims made under bonafide belief are found unsustainable in law

September 2, 2014 1942 Views 0 comment Print

The Gujarat Value Added Tax Tribunal in the case of Star Industries v/s The State of Gujarat (Second Appeal No. 347 of 2013 decided on 02.09.2014) has, in the context of penalty u/s 45(2)(c) of the Gujarat Sales Tax Act, 1969, held that where only under bonafide belief the appellant had failed to pay purchase tax u/s 15B on the transactions of branch transfer

Penalty cannot be levied merely because an amount is not allowed or taxed as income

August 23, 2014 24298 Views 0 comment Print

Hon’ble Supreme Court in the case of M/s Hindustan Steel Ltd. vs State of Orissa (1972) 83 ITR 26(SC) and decision of Hon’ble High Court of Delhi in Escorts Finance Ltd. (2009) 226 CTR (Del) 105 wherein it was held that where facts are clearly disclosed in the return

No penalty for mere failure to compute capital gains U/s. 50C

August 10, 2014 6981 Views 0 comment Print

According to decision of Hon’ble Calcutta High Court in the case where addition is made on account of application of section 50C and Revenue failed to produce any evidence to the effect that assessee has actually received more amount than that shown by it on the sale of property then penalty under section 271(1)(c) cannot be levied.

Section 54/54F Exemption if more than one new flats constitutes one residential house?

August 10, 2014 5638 Views 0 comment Print

During the assessment year, the assessee has sold its factory premises from which it has been showing rental income. In the computation of total income the assessee has claimed deduction u/s 54F of Rs. 1 ,34,95,220/- on the investment in three flats.

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