2019 (2) TMI 2011 - AT - Income Tax

Penalty u/s 271(1)(c) - Defective notice u/s 274 - non specification of clear charge - HELD THAT - Tribunal being the first appellate authority, the assessee in the present appeal has raised this issue, therefore, this Tribunal is expected to adjudicate the same. This Tribunal being the second appellate authority cannot ignore the fact that the Assessing Officer failed to struck down the relevant plea indicating whether he initiated penalty proceeding for concealing any part of income or furnishing inaccurate particulars of such income. In view of the above, by respectfully following the judgment of Kerala Jewellers 2019 (2) TMI 127 - MADRAS HIGH COURT the orders of both the authorities below are set aside and the penalty levied by the Assessing Officer as confirmed by the CIT(Appeals) is deleted.- Decided in favour of assessee.

Summary

Issues:
Penalty under Section 271(1)(c) of the Income-tax Act, 1961 - Concealing particulars of income or furnishing inaccurate particulars of income.

Analysis:

Issue 1: Penalty under Section 271(1)(c) of the Income-tax Act, 1961

The appeal was against the order confirming the penalty levied by the Assessing Officer under Section 271(1)(c) of the Income-tax Act, 1961. The counsel for the assessee argued that the Assessing Officer did not specify the grounds for levying the penalty in the show cause notice. Citing judgments of the Madras High Court, the counsel contended that in similar circumstances, penalties were not upheld. The Departmental Representative argued that the assessee had initially claimed exemption under Section 35(1)(ii) of the Act for donations but later withdrew the claim. The Tribunal noted that the Assessing Officer did not specify the grounds for the penalty in the show cause notice. Referring to previous judgments, the Tribunal held that in the absence of clear grounds for penalty, and considering the withdrawal of the exemption claim before approval withdrawal, the penalty could not be sustained. The Tribunal followed the Madras High Court's decision and deleted the penalty levied by the Assessing Officer, overturning the decisions of the lower authorities.

Conclusion:
The Tribunal allowed the appeal, setting aside the penalty imposed under Section 271(1)(c) of the Income-tax Act, 1961. The Tribunal emphasized the importance of clearly specifying the grounds for penalty and ruled in favor of the assessee based on the lack of clarity in the show cause notice and the withdrawal of the exemption claim.