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2017 (9) TMI 1656 - AT - Income TaxPenalty levied u/s 271AAA - assessee had not filed the return of income till the date of search i.e. 10.02.2011 starting from assessment year 2005-06 onwards - Held that - The assessee has not paid the taxes due on returned income (not additional income under section 158BC of the Act) till the date of passing the assessment order and even till date of passing the order levying penalty. The assessee claims to have paid the taxes thereafter, but such payment of taxes which does not accompany the return of income, cannot be held to be compliance to the conditions laid down in sub-section (2) to section 271AAA of the Act. Major portion of taxes have been paid after September, 2013 and consequently, we find no merit in the plea of assessee in this regard and the same is rejected. Accordingly, we reverse the findings of CIT (A) and uphold the levy of penalty under section 271AAA. The application moved under Rule 27 of the Rules is thus, dismissed and the grounds of appeal raised by the Revenue are allowed.
Issues Involved:
1. Deletion of penalty levied under section 271AAA of the Income Tax Act, 1961. Issue-wise Detailed Analysis: 1. Deletion of Penalty Levied under Section 271AAA: The main issue in this case revolves around the deletion of the penalty levied under section 271AAA of the Income Tax Act, 1961. The Revenue appealed against the order of the CIT (A) which deleted the penalty imposed by the Assessing Officer (AO). Background and Facts: - A search action under section 132 of the Act was conducted in the Palresha Group of cases on 10.02.2011, which included the assessee. - The assessee filed returns of income on 05.03.2012 and 14.03.2013, disclosing total incomes of ?1,01,47,990/- and ?1,25,19,991/- respectively. - The AO noted that the additional income was offered for taxation only as a result of the search action and initiated penalty proceedings under section 271AAA for concealing income and furnishing inaccurate particulars of income. - The AO levied a penalty of ?12,53,999/- under section 271AAA, asserting that the assessee did not pay taxes on the undisclosed income. Arguments by the Assessee: - The assessee argued that the conditions provided in sub-section (2) to section 271AAA were complied with. - The assessee claimed ignorance of tax laws and requested the penalty proceedings be dropped, citing no conscious breach of law. - The assessee also highlighted that taxes were paid, albeit late. CIT (A) Decision: - The CIT (A) deleted the penalty, noting that the additional income was not represented by any asset found or any entry in either seized books or regular books, thus not falling within the definition of "undisclosed income" under section 271AAA. - Consequently, the CIT (A) held that the question of immunity under sub-section (2) of section 271AAA did not arise. Revenue’s Appeal: - The Revenue contended that the CIT (A) erred in deleting the penalty, arguing that the additional income was indeed "undisclosed income" as certain assets were found during the search. - The Revenue also pointed out that the assessee had not filed returns of income or maintained books of account until the search. Tribunal’s Analysis: - The Tribunal examined the definition of "undisclosed income" under section 271AAA, which includes income represented by any money, bullion, jewelry, or other valuable article or thing, or any entry in the books of account or other documents or transactions found during the search. - It was noted that the assessee had admitted to undisclosed income during the search but failed to specify the manner in which the income was derived, thus not fulfilling the conditions of clause (ii) of sub-section (2) of section 271AAA. - The Tribunal also observed that the assessee did not pay the taxes due on the undisclosed income until after the penalty order was passed, which did not comply with the conditions laid down in sub-section (2) of section 271AAA. Conclusion: - The Tribunal reversed the findings of the CIT (A) and upheld the levy of penalty under section 271AAA, as the assessee did not fulfill the necessary conditions for immunity. - The appeal of the Revenue was allowed, and the application moved under Rule 27 of the Rules was dismissed. Final Judgment: - The Tribunal concluded that the penalty levied under section 271AAA was justified and the appeal of the Revenue was allowed.
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