2014 (1) TMI 1295 - AT - Income Tax

Penalty u/s 272A(2)(c) of the Act Stay application Held that - The penalty u/s 272A has to be levied by an officer not lower than a Joint Director or Joint Commissioner of Income-tax - A consequential amendment ought to have been made by the legislature - This omission may be unintended - it is open to the department to bring the same to the notice of the concerned authority to make necessary amendment, if they are advised so - Even otherwise, an order imposing penalty u/s 272A(2)(c) falls under Chapter XXI - the penalty levied by the Joint Commissioner, who is lower in rank than CIT(A) is appealable before the CIT(A) u/s 246A(q) - an appeal has to be filed before the CIT(A) instead of directly filing the appeal before this Tribunal - In view of the above, the permission sought by the Branch Manager to withdraw the appeal is granted - the appeal and the stay application is dismissed as withdrawn.

Summary

Issues Involved:
1. Penalty levied under section 272A(2)(c) of the Income-tax Act, 1961.
2. Maintainability of appeal filed directly before the Tribunal without approaching the CIT(A).
3. Applicability of the authority entitled to levy penalty under section 272A.
4. Need for consequential amendment in section 246A(o) regarding the authority entitled to levy penalty.
5. Correct appellate authority for orders imposing penalty under section 272A(2)(c).

Analysis:
1. The Branch Manager of Punjab National Bank appealed against the penalty imposed under section 272A(2)(c) of the Income-tax Act, 1961. Additionally, a stay petition was filed to halt recovery proceedings related to the penalty.

2. The Tribunal noted that the appeal was directly filed before them without approaching the CIT(A) first, which is the correct appellate authority for orders passed by the Joint Director imposing penalties under section 272A. The Branch Manager sought to withdraw the appeal, acknowledging the procedural error.

3. The Tribunal highlighted that penalties under section 272A can be imposed by an officer not lower than a Joint Director or Joint Commissioner of Income-tax. It was emphasized that the penalty in this case was levied by the Joint Director, necessitating the appeal to be filed before the CIT(A) as per the hierarchy of authorities.

4. A discrepancy was identified regarding the absence of a consequential amendment in section 246A(o) concerning the authority entitled to levy penalties under section 272A. The Tribunal suggested that this omission might be unintended and advised the department to consider rectifying the amendment.

5. Ultimately, the Tribunal concluded that the appeal should have been filed before the CIT(A) instead of directly approaching the Tribunal. Consequently, permission was granted to withdraw the appeal, leading to its dismissal. The stay petition was also dismissed in line with the withdrawal of the appeal.

This comprehensive analysis of the judgment delves into the procedural and hierarchical aspects of appealing penalties under the Income-tax Act, emphasizing the importance of approaching the correct appellate authority in such cases.