2018 (11) TMI 1596 - AT - Income Tax

Penalty u/s. 271(1)(c) - non specification of charge - non-application of mind by the Assessing Officer in initiating the penalty proceedings - non-strike of the irrelevant limb in the notice - HELD THAT - Admittedly in this case the AO issued notice u/s. 274 r.w.s. 271 in a routine manner without specifying the charge for which the penalty is proposed to be levied i.e. either for concealment of income or for furnishing inaccurate particulars of said income. While passing the Assessment Order the AO initiated penalty proceedings for concealment of income and for furnishing inaccurate particulars of income. However, while passing the Penalty Order the Assessing Officer levied penalty for concealment of particulars of income. Therefore, we observe that there is a complete non-application of mind by the Assessing Officer in initiating the penalty proceedings. See MEHERJEE CASSINATH HOLDINGS PRIVATE LIMITED VERSUS ACIT, CIRCLE-4 (2) , MUMBAI 2017 (5) TMI 904 - ITAT MUMBAI Notice issued by the Assessing Officer u/s. 274 r.w.s. 271(1)(c) of the Act is on account of non-application of mind and therefore on this account itself the penalty imposed u/s.271(1)(c) is liable to be deleted. - Decided in favour of assessee.

Summary

Issues Involved:
1. Non-application of mind by the Assessing Officer in initiating penalty proceedings.
2. Non-specification of the charge for penalty in the notice issued under Section 274 read with Section 271 of the Income Tax Act.
3. Validity of penalty imposed under Section 271(1)(c) of the Income Tax Act for concealment of income or furnishing inaccurate particulars of income.

Detailed Analysis:

1. Non-application of Mind by the Assessing Officer:
The assessee contended that the Assessing Officer (AO) did not apply his mind while initiating penalty proceedings under Section 271(1)(c) of the Income Tax Act. The AO issued a notice under Section 274 read with Section 271 without specifying whether the penalty was for concealment of income or for furnishing inaccurate particulars of income. This lack of clarity was evident as the AO did not strike off the irrelevant limb in the notice. The penalty order further demonstrated this non-application of mind as the AO imposed the penalty for furnishing inaccurate particulars, despite initially citing both concealment and inaccurate particulars in the assessment order.

2. Non-specification of the Charge in the Notice:
The assessee argued that the notice issued under Section 274 read with Section 271 was vague and did not specify the exact charge. This ambiguity violated the principles of natural justice as the assessee was not informed whether the penalty was for concealment of income or for furnishing inaccurate particulars. The Tribunal observed that this non-striking off of the irrelevant clause in the notice indicated that the AO was unsure of the charge, which prejudiced the assessee's ability to respond appropriately.

3. Validity of Penalty Imposed under Section 271(1)(c):
The Tribunal referred to several judicial precedents, including the Hon'ble Supreme Court's decision in Dilip N. Shroff and the Bombay High Court's decision in Samson Perinchery, which emphasized the need for clear and specific charges in penalty notices. The Tribunal noted that the AO's failure to specify the charge in the notice and the subsequent penalty order for furnishing inaccurate particulars, despite initial references to both limbs, rendered the penalty proceedings invalid. The Tribunal concluded that the penalty imposed under Section 271(1)(c) was untenable due to the AO's non-application of mind and failure to comply with the principles of natural justice.

Conclusion:
The Tribunal allowed the assessee's appeal, directing the deletion of the penalty imposed under Section 271(1)(c) of the Income Tax Act. The decision highlighted the importance of clear and specific charges in penalty notices and the necessity for the AO to apply his mind when initiating penalty proceedings. The Tribunal's order emphasized adherence to the principles of natural justice and the requirement for precise communication of charges to the assessee.