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Section 271B

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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 5379 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 528936 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 2511 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 783 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 13581 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 4902 Views 1 comment Print


Latest Judiciary


Tax Audit Mandatory Even for Exempt Income if Turnover Threshold Crossed: ITAT Kolkata

Income Tax : The Tribunal held that audit under section 44AB depends on turnover, not taxability of income. Exempt entities must still comply i...

March 25, 2026 12168 Views 0 comment Print

Delay in Filing Appeal Should Be Liberally Condoned When Sufficient Cause Exists – ITAT Bangalore

Income Tax : The issue was whether delay in filing appeal without strong documentary proof should be condoned. The ITAT held that when sufficie...

March 24, 2026 228 Views 0 comment Print

ITAT Kolkata Reduces Profit Estimation to 4% Due to Lack of Comparable Basis

Income Tax : The issue involved arbitrary estimation of income at 20% and 5% of turnover. The Tribunal reduced it to 4% due to lack of supporti...

March 23, 2026 744 Views 0 comment Print

Post search abatement of pending assessments under 158BA(2) is not automatic

Income Tax : Orissa High Court held that post search operation all pending assessments/reassessments doesn’t not automatically get abated as ...

February 24, 2026 351 Views 0 comment Print

ITAT Bangalore Deletes Section 271D Penalty on Cash Sale Receipt

Income Tax : The ITAT Bangalore held that cash received as part of sale consideration for immovable property does not automatically attract pen...

February 20, 2026 3117 Views 0 comment Print


Delay Condoned Because Temple Believed Income Was Exempt Under Section 10(23BBA)

November 15, 2025 387 Views 0 comment Print

 ITAT holds that the temples bona fide belief in statutory exemption justified a 607-day delay. Assessments and penalties are remanded for fresh review considering exemption applicability.

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

November 6, 2025 474 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 264 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 735 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 5379 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 987 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 528936 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 546 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 570 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 294 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.

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