2010 (4) TMI 836 - AT - Income Tax

Penalty under section 272A(2)(c) - failure to file Form 52A by due dates - Appelant contended that they under an impression that the Form 52A was to be filed along with the return of income - penalty reduced by CIT(A) - Held that - The assessee has got a reasonable cause for non-filing of requisite Form 52A by due dates. The hyper-technical default confirmed by the CIT (A) for 1830 days has to be confirmed by us because there is no appeal by the side of the assessee against the sustained penalty, nor was any argument put forth by the representative when this appeal was heard. Non-compliance simpliciter with the provisions of the section of the Act would not automatically lead to levy of penalty. The facts contained in the assessee s explanation have not been either disputed or rejected by the Department.

Summary

Issues:
Penalty under section 272A(2)(c) of the Income-tax Act, 1961 for failure to file Form 52A by due dates.

Analysis:

1. Penalty Imposition:
The appeal pertains to the imposition of a penalty of Rs. 6,07,600 on the assessee under section 272A(2)(c) of the Income-tax Act, 1961 for failing to file Form 52A by the due dates. The assessee explained that there was a misunderstanding regarding the filing of the form, believing it was to be submitted along with the return of income. The Assessing Officer imposed the penalty based on the total delay of 6073 days, which was later reduced to Rs. 1,83,000 considering a delay of 1830 days. The Revenue challenged this penalty imposition.

2. Reasonable Cause for Non-Filing:
Upon review, the Tribunal found that the assessee had a reasonable cause for the delay in filing the requisite Form 52A. The Tribunal noted that the explanation provided by the assessee, supported by an affidavit, was not disputed or rejected by the Department. The Tribunal emphasized that non-compliance with the Act does not automatically warrant a penalty and that section 273B of the Act addresses situations where there is a reasonable cause for default. The Tribunal concluded that the assessee's belief, backed by a valid explanation, constituted a reasonable cause as per the provisions of section 273B.

3. Confirmation of Penalty:
The Tribunal upheld the penalty imposed by the Commissioner of Income-tax (Appeals) for the 1830-day delay, as there was no appeal from the assessee's side against the sustained penalty. The Tribunal emphasized that the grounds of appeal lacked merit, as the assessee's explanation was found to be valid and in accordance with the law. The Tribunal confirmed the decision of the Commissioner of Income-tax (Appeals) and dismissed the Revenue's appeal.

4. Final Decision:
Ultimately, the Tribunal dismissed the appeal of the Revenue, affirming the decision to reduce the penalty amount and supporting the assessee's reasonable cause for the delay in filing Form 52A. The Tribunal's ruling highlighted the importance of a valid explanation and reasonable cause in determining penalties under the Income-tax Act, 1961.

This detailed analysis of the judgment provides a comprehensive understanding of the issues involved, the arguments presented, and the Tribunal's decision regarding the penalty imposition for failure to file Form 52A by the due dates under the Income-tax Act, 1961.