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Section 271B

Latest Articles


FAQs on Penalty provisions under Income Tax Act, 1961

Income Tax : Detailed overview of penalties under various sections of the Income Tax Act, covering defaults in tax payment, reporting, document...

October 30, 2025 4386 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 522159 Views 4 comments Print

Section 271B Income Tax Penalty Rationalisation & proposed Clause 446 of Income Tax Bill, 2025

Income Tax : Income Tax Bill 2025 proposes changes to Section 271B penalty, aiming for proportionality and reduced litigation in tax audit defa...

July 23, 2025 1302 Views 1 comment Print

Seizure-Induced Audit Delays: A Defense Against Section 271B Penalties

Income Tax : Explore how seizure of documents can impact audit deadlines under Section 44AB and defenses against Section 271B penalties for aud...

August 13, 2024 615 Views 0 comment Print

Section 271B: How to Safeguard Against Audit Penalty

Income Tax : Dive into Section 271B's mandates, penalties, and exemptions under the Income Tax Act. Explore real cases, challenges, and strateg...

April 17, 2024 12120 Views 0 comment Print


Latest News


AOTAA files PIL before Orissa HC on the issue of late fee, interest & penalty under Income Tax

Income Tax : All Odisha Tax Advocates Association has filed an PIl before Orissa High Court with following Prayers- (i) Admit the Writ Petition...

January 13, 2022 4707 Views 1 comment Print


Latest Judiciary


PCIT Revision Upheld: AO Failed to Verify Low Profit Margin & Audit Need (Sec 263)

Income Tax : ITAT sustained PCIT's revisional order under Section 263, ruling that AO's mechanical acceptance of a low profit margin return wit...

November 6, 2025 138 Views 0 comment Print

Ex Parte Assessment Quashed: HC Grants Fresh Opportunity Due to Bona Fide Non-Appearance

Income Tax : The Karnataka High Court set aside the ex parte assessment, penalty, and demand orders passed under Sections 143(3) and 144B, acce...

November 6, 2025 102 Views 0 comment Print

ITAT Pune: Profit on Sale of Agricultural Land Not Automatically Business Income – Intent of Purchase Must Be Examined

Income Tax : Tribunal ruled that merely selling agricultural land does not make it a business transaction. It directed AO to reassess whether l...

November 2, 2025 489 Views 0 comment Print

Section 271B Penalty Automatically Lapses When quantum assessment set aside

Income Tax : The ITAT Delhi deleted the penalty imposed under Section 271B for failure to get accounts audited, ruling that the penalty cannot ...

October 30, 2025 381 Views 0 comment Print

ITAT Chennai Deletes Section 271B Penalty for Commission Agent – Audit Not Required When Income Below Threshold

Income Tax : ITAT Chennai found it impermissible for the Department to levy a S 271B penalty after accepting the assessee's income as commissio...

October 26, 2025 291 Views 0 comment Print


Latest Posts in Section 271B

PCIT Revision Upheld: AO Failed to Verify Low Profit Margin & Audit Need (Sec 263)

November 6, 2025 138 Views 0 comment Print

ITAT sustained PCIT’s revisional order under Section 263, ruling that AO’s mechanical acceptance of a low profit margin return without proper inquiry was both erroneous and prejudicial to Revenue’s interest. AO failed to examine applicability of mandatory audit under Section 44AB and correctness of declared profit ratio in liquor trade.

Ex Parte Assessment Quashed: HC Grants Fresh Opportunity Due to Bona Fide Non-Appearance

November 6, 2025 102 Views 0 comment Print

The Karnataka High Court set aside the ex parte assessment, penalty, and demand orders passed under Sections 143(3) and 144B, accepting the taxpayer’s plea of bona fide non-appearance. The court adopted a justice-oriented approach, remitting the case back to the Assessing Officer for a fresh consideration from the show-cause notice stage.

ITAT Pune: Profit on Sale of Agricultural Land Not Automatically Business Income – Intent of Purchase Must Be Examined

November 2, 2025 489 Views 0 comment Print

Tribunal ruled that merely selling agricultural land does not make it a business transaction. It directed AO to reassess whether land was held for investment or trade based on intention, frequency and surrounding facts.

FAQs on Penalty provisions under Income Tax Act, 1961

October 30, 2025 4386 Views 0 comment Print

Detailed overview of penalties under various sections of the Income Tax Act, covering defaults in tax payment, reporting, documentation, and TDS/TCS compliance with prescribed penalty amounts.

Section 271B Penalty Automatically Lapses When quantum assessment set aside

October 30, 2025 381 Views 0 comment Print

The ITAT Delhi deleted the penalty imposed under Section 271B for failure to get accounts audited, ruling that the penalty cannot survive once the original quantum assessment (which determined the high turnover) is set aside. Since the AO later accepted the returned income, the statutory basis for the penalty lapsed.

Penalties and Prosecutions Under Income tax Act, 1961

October 28, 2025 522159 Views 4 comments Print

A summary of key penalties under the Income Tax Act for AY 2026-27, covering defaults from late filing and non-payment to misreporting income and non-compliance with compliance. Learn about financial penalties and potential rigorous imprisonment for serious tax offenses.

ITAT Chennai Deletes Section 271B Penalty for Commission Agent – Audit Not Required When Income Below Threshold

October 26, 2025 291 Views 0 comment Print

ITAT Chennai found it impermissible for the Department to levy a S 271B penalty after accepting the assessee’s income as commission business in the scrutiny assessment. The key takeaway is that the Department cannot take a divergent stand on the nature of receipts (commission vs. turnover) in penalty proceedings.

Police Canteen Wins – ₹32 Cr Activity Still Not ‘Business’- No Tax Audit Needed Under Mutuality Principle

October 20, 2025 282 Views 0 comment Print

Chennai ITAT ruled that a police canteen operating on the principle of mutuality is not carrying on ‘business’ under the Income-tax Act, making the mandatory tax audit provision of u/s44AB inapplicable, despite high turnover reflected in GST returns. The u/s 271 B penalty for non-filing was deleted.

Tax Audit Exception: ITAT Confirms Interest is Not “Gross Receipts” for 44AB and Deletes Penalty

October 13, 2025 150 Views 0 comment Print

The ITAT Delhi allowed the appeal because the penalty under Section 271A for non-maintenance of books had already been deleted by the Tribunal, establishing that the authority was not legally obliged to keep books. The Tribunal concluded that if no books are required to be maintained under Section 44AA, no penalty for failure to audit them under Section 271B can legally survive.

Order passed by AO in old PAN cannot be survived if transactions already reported in new PAN

September 30, 2025 261 Views 0 comment Print

ITAT Hyderabad held that assessment order passed by AO in old PAN cannot be survived if transactions reported by DGFT in old PAN is already reported by assessee in new PAN. Accordingly, matter restored back to re-verify.

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