2012 (11) TMI 400 - AT - Income Tax

Penalty u/s 271(1)(b) of the Act for not attending assessment proceedings Held that - Assessment has been completed u/s 143(3) and not u/s 144 of the Act and none of the addition is attributed to any default on the part of the assessee in submitting the details., all the details have been filed on behalf of the assessee and thereafter, assessment completed. As decided by court in case of CIT Vs. Standard Marcantile Co., 1985 (7) TMI 44 - PATNA HIGH COURT held that - absence of mens rea or failure of the Revenue to establish mens rea, are entirely irrelevant in penalty proceedings u/s 271(1)(b) of the Act. issue involved in the present case is squarely covered in favour of the assessee by this Tribunal s decision and therefore, respectfully following the same penalty is deleted - In the result, the appeal of the assessee is allowed.

Summary

Issues Involved:
Penalty imposed under section 271(1)(b) of the Income Tax Act for non-attending assessment proceedings due to alleged lack of proper notices served to the assessee.

Detailed Analysis:

Issue 1: Penalty Imposed under Section 271(1)(b)
The appeal was against the penalty amount of Rs.40,000/- imposed under section 271(1)(b) of the Income Tax Act for non-attending assessment proceedings for the assessment year 2006-07. The assessee contended that the penalty should be deleted as no proper notices were served to them. The Tribunal noted that the assessment order was completed by the Assessing Officer (A.O.) under section 143(3) of the Act, and no additions were made in the assessment order due to lack of details. The assessee argued that the facts of their case were similar to a previous Tribunal decision where the penalty was canceled under similar circumstances.

Issue 2: Tribunal's Decision
The Tribunal examined the relevant provisions of section 271(1)(b) read with section 273B of the Act, emphasizing that the onus is on the assessee to show reasonable cause for non-compliance with notices. The Tribunal cited previous decisions where penalties were canceled when assessments were completed under section 143(3) and not under section 144 of the Act. In the present case, the Tribunal found that the assessment was completed under section 143(3), all relevant details were submitted, and no defaults were mentioned in the assessment order. Therefore, following the precedent set by previous decisions, the Tribunal canceled the penalty imposed under section 271(1)(b) in favor of the assessee.

Conclusion:
The Tribunal allowed the appeal of the assessee, deleting the penalty imposed under section 271(1)(b) of the Income Tax Act for non-attending assessment proceedings. The decision was based on the assessment being completed under section 143(3) and the absence of any defaults or additions in the assessment order. The Tribunal's ruling was in line with previous decisions where penalties were canceled under similar circumstances, emphasizing the importance of compliance with notice requirements and reasonable cause for non-attendance.