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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 414 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 529038 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 1080 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 3000 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 4686 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 1123 Views 0 comment Print


Latest Judiciary


Penalty Deleted as AO Failed to Specify Exact Section 271(1)(c) Charge: Delhi HC

Income Tax : The case addressed ambiguity in penalty proceedings where the specific charge was not identified. The Court upheld deletion of pen...

April 18, 2026 75 Views 0 comment Print

Penalty Quashed as Notice Failed to Specify Exact Section 271(1)(c) Charge: ITAT Raipur

Income Tax : The case involved an ambiguous penalty notice that did not clarify whether the charge was concealment or inaccurate particulars. T...

April 18, 2026 72 Views 0 comment Print

No Penalty on Estimated Bogus Purchases: ITAT Deletes U/s 271(1)(c) Levy

Income Tax : The case involved penalty on disallowance of purchases treated as non-genuine and estimated at 12.5%. Tribunal ruled that estimate...

April 18, 2026 57 Views 0 comment Print

Commission Disallowance Remanded – 133(6) Non-Response Not Sufficient; Ad-hoc Expenses Cut to 10%

Income Tax : ITAT Mumbai remanded ₹95.81 lakh commission disallowance, holding that non-response to Section 133(6) notices alone cannot justi...

April 18, 2026 51 Views 0 comment Print

CIT(A) Cannot Enhance on New Issue; JDA Additions & U/s 2(22)(e) Deletions Upheld

Income Tax : ITAT Mumbai held that CIT(A) cannot enhance income by introducing a new issue not examined by the Assessing Officer. The ruling cl...

April 18, 2026 138 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 11967 Views 0 comment Print


Belated but Bona Fide: ITAT Deletes Penalty on Capital Gain Claim- When Deduction is Valid, Penalty is Invalid

October 14, 2025 420 Views 0 comment Print

The ITAT deleted a penalty under Section 271(1)(c), ruling that once the capital gains deductions (Section 54EC/54F) are substantially allowed in the quantum appeal, there’s no concealment of income. The Tribunal emphasized that filing a belated return within Section 139(4) does not automatically invalidate a genuine deduction claim, making the penalty unsustainable.

ITAT Ahmedabad Allows Depreciation on Amalgamation Goodwill for AY 2016-17

October 14, 2025 579 Views 0 comment Print

Tribunal held that goodwill arising from court-approved amalgamation is a depreciable intangible asset. AO & CIT(A)’s disallowance based on colourable device allegation was quashed.

Substantial Justice Precedes Technicality: ITAT Condon Delay for Assessee Facing Director Fraud Issues

October 14, 2025 405 Views 0 comment Print

The Tribunal accepted documentary evidence, including a director’s affidavit and Company Law Board (CLB) orders, as credible proof of sufficient cause for the inordinate delay. The case was restored, ensuring the assessee gets an opportunity to contest the 68 and House Property income additions.

No Plot, No Profit, Still Taxed :When AO Shoots the Wrong Person: Middleman Dragged into 56(2)(ix) Tax Trap

October 14, 2025 351 Views 0 comment Print

Saroj Devi Haldiya vs. ITO: The ITAT Jaipur overturned an Rs.75 lakh addition under S. 56(2)(ix) of the Income Tax Act. The Tribunal ruled the reassessment was invalid due to borrowed satisfaction by the Assessing Officer, mechanical approval, and a severe violation of natural justice (two-day notice).

 ITAT Upholds 100% Penalty on Confirmed Additions Past-Loss Adjustment Irrelevant for 271(1)(c)- Substantial Justice for Delay, No Relief on Merits

October 11, 2025 423 Views 0 comment Print

The ITAT confirmed the penalty levy, ruling that a subsequent rectification order allowing carry-forward losses doesn’t affect the penalty base. Penalty is tied to the tax evaded on the additions confirmed by the appellate body ( crore), not the final assessed income.

Revised return filed before assessment cannot mean concealment- ITAT Jaipur deletes penalty u/s 271(1)(c) -Vague notice & voluntary disclosure save assessee from penalty

October 10, 2025 768 Views 0 comment Print

Visakhapatnam ITAT dismisses Revenue appeals, quashing protective additions on cotton mills. Protective assessment for A.Y. 2016-17 invalid as substantive addition was in A.Y. 2017-18.

No Retrospective Remand: ITAT Scraps CIT(A)’s Order in Bogus LTCG Case for Wrongly Invoking New Law

October 10, 2025 630 Views 0 comment Print

The ITAT ruled that the CIT(A) cannot set aside a reassessment order framed under Section 147 read with Section 144B, as the limited power to remand only applies to best-judgment assessments under Section 144. The Tribunal sent the penny stock LTCG case back, directing the CIT(A) to decide the appeal strictly on its merits.

You’re Still Taxed After You’re Gone- But Your Heir Only Pays What’s in the Cupboard

October 8, 2025 657 Views 0 comment Print

ITAT Jaipur holds u/s 159 that penalty survives assessee’s death and is enforceable against the legal heir. Recovery is strictly limited to the value of the inherited assets or estate.

Penalty u/s 271(1)(c) for Disallowed Bad Debts – Tribunal Upholds Deletion by CIT(A)

October 7, 2025 429 Views 0 comment Print

The ITAT Mumbai deleted a ₹2.30 crore penalty u/s 271(1)(c) imposed on World Series Hockey Pvt Ltd, ruling that a disallowance of a bad debts claim made in good faith does not attract penalty.

Penalty on Notional House Property Income Quashed by ITAT – Section 271AAB overrides 271(1)(c)

October 7, 2025 630 Views 0 comment Print

The ITAT Mumbai, in Mohan Thakurdas Gurnani Vs ITO, deleted penalties levied under Section 271(1)(c) of the Income-tax Act, 1961, for notional income from house property, holding that penalty requires actual concealment, not notional additions.

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