2020 (2) TMI 1693 - AT - Income Tax

Penalty u/s 271(1)(c) - principles of natural justice - as argued assessee was not provided sufficient opportunity of hearing before the AO in the penalty proceedings - HELD THAT - On perusal of the penalty order, we found that the assessee in lieu of the show cause notice issued has filed explanations on 17.01.2017 and mentioned that the addition in order u/s 143(3) by AO was accepted and paid the taxes. Further, we found that there is no other date of hearing is provided, the assessee has accepted the addition to buy peace with the Department. AO in complying the provisions of Section 271(1(c) has come to a conclusion that the assessee has deliberately furnished inaccurate information and details. AR emphasized that the assessee has prima facie vital explanations to submit before the AO in the penalty proceedings and prayed for one more opportunity. We considering the factual aspects and principles of natural justice and further the reasons envisaged by the learned Authorized Representative, consider it appropriate to provide one more opportunity to the assessee to give clarifications and explanations in detail to the AO in the penalty proceedings. Assessee appeal is allowed for statistical purposes.

Summary

Issues:
- Appeal against penalty under Section 271(1)(c) of the Income Tax Act, 1961.
- Whether the assessee was deprived of a reasonable opportunity of hearing before the assessing authority.
- Validity of penalty levied for concealment and inaccurate particulars.

Analysis:
1. The appeal was filed against the penalty imposed under Section 271(1)(c) of the Income Tax Act, 1961. The main contention raised was regarding the alleged deprivation of the assessee of a reasonable opportunity of hearing before the assessing authority in levying the penalty. The brief facts revealed that the assessee, engaged in land development and real estate activities, issued shares at a premium during the relevant year. The Assessing Officer, upon not receiving the valuation report for the shares issued at a premium, made an addition to the total income and initiated penalty proceedings under Section 271(1)(c) of the Act.

2. During the proceedings, it was argued that the penalty was imposed without providing sufficient opportunity for the assessee to present their case. The Authorized Representative highlighted that the assessee had only submitted an explanation regarding the addition made by the Assessing Officer and had accepted the same to avoid conflict. It was contended that the CIT(Appeals) did not grant enough time for the assessee to substantiate their case with evidence, leading to an appeal to the Tribunal.

3. Upon hearing the contentions of both parties and examining the records, the Tribunal found that the crux of the issue was the lack of adequate opportunity for the assessee to be heard before the Assessing Officer in the penalty proceedings. The Tribunal noted that the assessee had primarily focused on accepting the addition made by the Assessing Officer to maintain harmony with the tax authorities. However, due to the absence of further hearing dates and the Assessing Officer's conclusion of deliberate furnishing of inaccurate information, the Tribunal deemed it necessary to provide the assessee with another opportunity to clarify and explain their position in detail.

4. Consequently, the Tribunal decided to remand the matter back to the Assessing Officer for a fresh examination of the issue on its merits. The direction was to pass a detailed order after re-evaluating the case, ensuring that the assessee is given a fair chance to present their clarifications and explanations. The Tribunal emphasized the importance of adhering to principles of natural justice and providing adequate hearing opportunities. The appeal of the assessee was allowed for statistical purposes, indicating that the decision was made primarily to correct procedural deficiencies and ensure a fair hearing process.

5. In conclusion, the Tribunal's judgment focused on upholding the principles of natural justice and fairness in the penalty proceedings under Section 271(1)(c) of the Income Tax Act, emphasizing the importance of providing adequate opportunities for the assessee to present their case and explanations before any penalty imposition.