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Section 271B

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Penalties and Prosecutions Under Income tax Act, 1961

Income Tax : Discover penalties and prosecutions under the Income Tax Act, 1961, including default conditions, quantum of penalties, and potent...

September 6, 2024 514011 Views 4 comments Print

FAQs on Penalty provisions under Income Tax Act, 1961

Income Tax : Learn about penalty provisions under the IT Act, including penalties for defaults in tax payment, income reporting, and more. Key ...

August 24, 2024 2919 Views 0 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 525 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 10206 Views 0 comment Print

A Critical Appreciation of Ranchi Bench of ITAT in Rakesh Kr. Jha vs. ITO

Income Tax : Explore recent ITAT judgment in Rakesh Kr. Jha vs. ITO, delving into interpretation of Sections 271A and 271B, highlighting confli...

November 29, 2023 1968 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 4584 Views 1 comment Print


Latest Judiciary


No Penalty for Audit Delay Due to Partner Death: ITAT Cochin

Income Tax :  ITAT Cochin deletes penalty under Section 271B for delayed tax audit, citing the demise of the managing partner as a reasonable ...

May 2, 2025 129 Views 0 comment Print

Tax Audit Provisions Inapplicable to Fictional Income Under Sections 68 to 69D

Income Tax : Provisions of Section 44AB, which mandate Tax audit, are not applicable to fictional income provisions like Section section 68, 69...

April 10, 2025 5844 Views 0 comment Print

ITAT Bangalore Sets Aside Penalty order for serving on unrelated email ID

Income Tax : ITAT Bangalore set aside penalty orders under Section 271B due to improper notice delivery to an unrelated email ID and failure to...

March 29, 2025 873 Views 0 comment Print

Section 272A(2)(e) Penalty order quashed as not passed within reasonable time: ITAT Bangalore

Income Tax : ITAT Bangalore held that penalty order under section 272A(2)(e) of the Income Tax Act has to be passed within reasonable time. Sin...

March 18, 2025 309 Views 0 comment Print

Entire Bank Transactions Cannot Be Treated as Turnover for Section 271B Penalty

Income Tax : ITAT Surat remands penalty case under Section 271B to AO, ruling that bank transactions alone cannot determine turnover. Fresh con...

March 8, 2025 3636 Views 0 comment Print


No Penalty under Section 271B if Penalty Already Levied under Section 271A

March 20, 2024 1689 Views 0 comment Print

Mumbai ITAT sets aside penalty under section 271B, citing previous penalty under section 271A for non-maintenance of accounts in Haresh Ghanshyamdas Makhija vs ITO case.

Penalty u/s. 271B for not getting books of accounts audited not leviable as reasonable cause shown: ITAT Jaipur

March 20, 2024 1776 Views 0 comment Print

ITAT Jaipur held that assessee failed to get its books of accounts audited based on a reasonable cause. Accordingly, penalty under section 271B of the Income Tax Act for failure to get books of account audited not leviable as assessee reasonable cause shown.

Loss or low profit cannot be reason for exclusion of comparables for computing ALP: ITAT Mumbai

February 15, 2024 459 Views 0 comment Print

ITAT Mumbai held that exclusion of comparables for the reason that those companies are loss making or low profit making is not correct. Accordingly, TPO directed to include these comparables and re-compute the Arm’s Length Price (ALP).

Kerala HC directs NFAC to expedite decision on stay application 

December 31, 2023 585 Views 0 comment Print

Kerala High Court instructs prompt consideration of stay application in tax dispute involving non-filing of income return under Section 139 of Income Tax Act.

A Critical Appreciation of Ranchi Bench of ITAT in Rakesh Kr. Jha vs. ITO

November 29, 2023 1968 Views 0 comment Print

Explore recent ITAT judgment in Rakesh Kr. Jha vs. ITO, delving into interpretation of Sections 271A and 271B, highlighting conflicting views among High Courts.

Section 40A(2)(b) Disallowance for Assumed Higher Sub-contracting Income is unsustainable

November 1, 2023 1269 Views 0 comment Print

ITAT Delhi held that disallowance under section 40A(2)(b) of the Income Tax Act on merely estimating that more income should have been earned from sub-contracting without bringing any comparable figures is unsustainable in law.

ITAT Upholds Penalty on Charitable Institution for Tax Audit Violation

October 26, 2023 1140 Views 0 comment Print

Vakrangee Foundation faces a penalty for non-compliance with tax audit provisions under Section 44AB. ITAT rules that Section 2(15) does not exempt charitable institutions.

Exclusion of period taken for handing over seized material to AO effective only from 01.04.2021

October 25, 2023 984 Views 0 comment Print

Madras High Court held that clause (xi) to Explanation to Section 153B of the Income Tax Act relating to the exclusion of the period taken for handing over seized material to the assessing officer is effective prospectively from 01.04.2021. Accordingly, prior assessment years are held to be barred by limitation.

Penalty u/s 271B not leviable as benefit of presumptive taxation upto Rs. 2 Crores available

October 14, 2023 6525 Views 0 comment Print

ITAT Jaipur held that penalty under section 271B of the Income Tax Act not leviable as the assessee is eligible to avail the benefit of presumptive taxation up to Rs. 2 Crores as per section 44D of the Income Tax Act.

No Section 271B Penalty without Assessee’s Reasonable Opportunity to be Heard

September 30, 2023 894 Views 0 comment Print

In a landmark decision, ITAT Mumbai rules in favor of Evermore Polymer Systems Ltd., stating that penalties under Section 271B require a reasonable opportunity to be heard.

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