2011 (12) TMI 541 - AT - Income Tax

Penalty u/s. 271AAA - undisclosed income under the head income from business - Held that - In the present cases on hand it is not the case of the Departmental Authorities that the assessee has not satisfied the manner in which the income is derived and the assessee has not paid the tax with interest on the undisclosed income. Undisputedly the assessees have shown the undisclosed income under the head income from business in the returns filed by them and that was accepted by the Department by passing the assessment orders accordingly. Therefore the cases of the assessees fall exactly within the purview of sub-section (2) of Section 271AAA. Therefore the provisions contained in sub-section (1) of Section 271AAA are not applicable. The Departmental Authorities have not considered this aspects of the issue and passed the impugned orders. The impugned orders having been made contrary to the provisions contained in Section 271AAA(2) they are not sustainable for legal scrutiny.

Summary

Issues:
Appeal against penalty imposed under section 271AAA of the IT Act.

Analysis:
The appeals were filed by the assessees challenging the orders of the Commissioner of Income-tax (Appeals) regarding the penalty imposed under section 271AAA of the IT Act. The issue raised by all the assessees was that the penalty was arbitrary, unjustified, and illegal. The Assessing Officer had invoked the provisions of Section 271AAA after a search was conducted, and the assessees disclosed concealed income during the search, paid taxes on the surrendered income, and showed the undisclosed income in their returns under the head "income from business." The Assessing Officer issued show cause notices and passed penalty orders under section 271AAA, which were confirmed by the CIT(A). The assessees contended that the penalty was not justified and that the notice initiating penalty proceedings was vague and invalid. The assessees argued that the Assessing Officer had to establish the necessary ingredients provided in Section 271AAA to justify the penalty. The Departmental Authorities did not consider that the assessees had satisfied the requirements of subsection (2) of Section 271AAA, which states that the penalty does not apply if the assessee admits the undisclosed income, specifies the manner in which it was derived, substantiates the manner, and pays the tax with interest. Since the assessees met these conditions, the penalty under subsection (1) of Section 271AAA was not applicable. Therefore, the Tribunal set aside the impugned orders and canceled the penalties, allowing the appeals of the assessees.

In conclusion, the Tribunal found that the penalties imposed under section 271AAA of the IT Act were not sustainable as the assessees had satisfied the requirements of subsection (2) of the said section. The Departmental Authorities had failed to consider this aspect and had passed orders contrary to the provisions of the law. As a result, the Tribunal allowed the appeals of the assessees and canceled the penalties.