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  7. grounds of appeal section 271(1)(c) of income tax act 1961

Grounds of Appeal - Section 271(1)(c) of Income Tax Act, 1961

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Published on 02/01/2025
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Grounds of Appeal - Section 271(1)(c) of Income Tax Act, 1961

Counselvise
Direct Tax / Miscellaneous resources

Template Description

This template provides a structured format for filing an appeal against a penalty levied under Section 271(1)(c) of the Income Tax Act, 1961, which pertains to the concealment of income or furnishing inaccurate particulars of income. It is a 1-page MS Word document designed to assist tax professionals, legal experts, and companies in challenging penalties imposed by the Assessing Officer. It is a vital resource for professionals dealing with tax disputes and litigation.

 

Understanding Grounds of Appeal under Section 271(1)(C) of Income Tax Act, 1961


Terminologies:



  • Section 271(1)(c): This section relates to the imposition of penalties on taxpayers who either conceal their income or provide inaccurate details during tax assessments.
  • Grounds of Appeal: The basis on which the taxpayer challenges the penalty imposed by the Assessing Officer.
  • Assessing Officer: The tax officer responsible for assessing the taxpayer's income and imposing penalties.


Key Considerations for Filing the Appeal



  • Ensure the appeal addresses the reasons for which the penalty is challenged, focusing on the facts of the case.
  • Citing similar cases where the penalty was successfully contested can provide a strong foundation for the appeal.
  • Maintain clarity and precision in drafting the appeal to avoid any additional penalties or delays in the process.
  • The appeal must be filed within the prescribed period to avoid forfeiting the right to challenge the penalty.

 

Conclusion

Challenging a penalty under Section 271(1)(c) of the Income Tax Act, 1961, requires a well-prepared appeal document that clearly presents the taxpayer's case. This template provides a standardized format that can be customized according to specific case details. Filing the correct grounds of appeal can help mitigate or nullify penalties, offering companies and professionals a valuable tool in tax dispute resolution.