2016 (2) TMI 1205 - AT - Income Tax

Penalty u/sec. 271(1)(c) - non-deduction of tds - disallowance of commission/professional charges and accountancy charges u/s 40(a)(ia) for default of non-payment of TDS - Held that - As consider the dicta the preposition rendered by ITAT Delhi SMC-1 Bench in the case of M/s Syndicate Labels Vs. ACIT 2015 (10) TMI 2745 - ITAT DELHI it is ample clear that in a situation when disallowance has been made under section 40(a)(ia) for non deduction of tax at source from payments made or credited to the respective payees and the assessee made a proper disclosure about the expenses claimed by it as deduction which was neither bogus nor otherwise non deductible then penalty under section 271(1)(c) of the Act is not validly imposable - AO is directed to delete the impugned penalty imposed under section 271(1)(c) - decided in favour of assessee.

Summary

Issues:
1. Penalty imposition under section 271(1)(c) of the Income Tax Act, 1961 for inaccurate particulars of income.
2. Whether penalty under section 271(1)(c) is justified for non-deduction of tax at source under section 40(a)(ia) of the Act.
3. Applicability of the decisions in similar cases to the present appeal.

Analysis:

Issue 1:
The appeal was filed against the order of the Commissioner of Income Tax (Appeals) confirming a penalty of Rs. 1,08,150 imposed under section 271(1)(c) of the Income Tax Act, 1961. The assessing officer initiated penalty proceedings due to the assessee's failure to deduct and deposit due tax on expenses claimed as commission, professional charges, and accounting charges. The penalty was rectified to Rs. 1,08,150 from the initial Rs. 1,18,145. The assessee contended that the penalty imposition was unjustified, citing the decision of the Hon'ble Supreme Court in CIT Vs Reliance Petroproducts Pvt. Ltd. The tribunal analyzed the facts and concluded that the penalty under section 271(1)(c) was not validly imposable in this case.

Issue 2:
The tribunal considered the applicability of section 40(a)(ia) of the Act, which deals with non-deduction of tax at source. The tribunal referred to the decision in the case of M/s Syndicate Labels Vs. ACIT, where it was established that if the disallowance was made for non-deduction of tax at source but the assessee made a proper disclosure about the expenses claimed, penalty under section 271(1)(c) was not validly imposable. The tribunal highlighted that the assessee's belief about non-deduction of tax at source was bona fide, and there was no concealment of income or furnishing of inaccurate particulars. Therefore, the penalty was deemed unwarranted.

Issue 3:
The tribunal relied on previous decisions and precedents to support its conclusion. It referred to the case of M/s Syndicate Labels Vs. ACIT and the decision of the Hon'ble Apex Court in CIT Vs Reliance Petroproducts to justify the deletion of the penalty imposed under section 271(1)(c) of the Act. The tribunal allowed both grounds of appeal, directing the assessing officer to delete the penalty.

In conclusion, the tribunal allowed the appeal of the assessee, emphasizing that the penalty under section 271(1)(c) was not justified in this case due to the proper disclosure of expenses claimed and the absence of concealment of income or furnishing of inaccurate particulars. The decision was based on legal precedents and established principles under the Income Tax Act, 1961.