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2016 (8) TMI 738 - AT - Income TaxPenalty levied u/s 271(1)(c) - violation of provisions of Section 43B - non payment of employer contribution towards PF/ESIC within time stipulated under the approved installment scheme - Held that - The assessee came out with explanation which was a bonafide explanation which satisfied the mandate of Section 271(1)(c) of the Act and hence penalty u/s 271(1)(c) of the Act against the assessee is not exigible in this case subject to verification of the plea of the assessee that it has been granted installment scheme by the PF/ESIC authorities for payment of employer contributions towards PF/ESIC dues of ₹ 27,84,655/- and the assessee has duly complied with the said approved installment scheme while making payment of employer contribution towards PF/ESIC dues of this amount of ₹ 27,84,655/ - within time stipulated under the said approved installment scheme . The assessee is directed to produce the copy of approval letters from PF/ESIC authorities before the A.O. approving installment scheme with reference to employer contribution of ₹ 27,84,655/- towards PF/ESIC dues and the A.O. shall verify the same as per our directions as setout above and thereafter delete the penalty levied u/s 271(1)(c) of the Act after being satisfied that the assessee has duly paid the said employer contribution of ₹ 27,84,655/- towards PF/ESIC within time stipulated under the approved installment scheme. - Decided in favour of assessee.
Issues Involved:
1. Imposition of penalty under Section 271(1)(c) of the Income Tax Act, 1961. 2. Applicability of Section 43B of the Income Tax Act, 1961 regarding disallowance of PF and ESIC payments. 3. Assessee's claim of bona fide belief due to financial difficulties and approval of installment payments by PF and ESIC authorities. Detailed Analysis: 1. Imposition of Penalty under Section 271(1)(c): The primary issue revolves around the imposition of penalty under Section 271(1)(c) of the Income Tax Act, 1961. The Assessing Officer (AO) initiated penalty proceedings against the assessee for concealing particulars of income and furnishing inaccurate particulars. The AO observed that the assessee failed to provide full facts regarding the disallowance under Section 43B in the audit report or the statement of computation of income. The assessee's explanation was deemed unconvincing and not bona fide, leading to the imposition of the penalty. The AO relied on several judicial precedents, including K.P. Madhusudan v. CIT and UOI v. Dharmendra Textiles, to support the penalty imposition. 2. Applicability of Section 43B: Section 43B of the Income Tax Act mandates that certain expenses, including employer contributions to PF and ESIC, are allowable as deductions only when actually paid. The AO disallowed an amount of ?27,84,655 as it was not paid before the due date of filing the return under Section 139(1). The assessee claimed that due to financial difficulties and being under BIFR proceedings, it had obtained approval from PF and ESIC authorities to pay the dues in installments. However, the AO noted that the assessee could not furnish evidence of such approval or explain how Section 43B was not applicable despite the installment scheme. 3. Assessee's Bona Fide Belief: The assessee argued that it had a bona fide belief that the provisions of Section 43B were not attracted as the PF and ESIC authorities had permitted payment in installments. The assessee contended that it neither concealed income nor furnished inaccurate particulars, and the issue was merely a difference in the interpretation of Section 43B. The CIT(A) rejected this contention, stating that the assessee failed to pay the dues before the due date of filing the return and did not provide material evidence of compliance with the installment scheme. The CIT(A) upheld the penalty, asserting that the assessee attempted to conceal income and furnished inaccurate particulars. Tribunal's Decision: The Tribunal considered the rival contentions and the material on record. It observed that the assessee was a sick company under BIFR and had obtained approval from PF and ESIC authorities to pay dues in installments. The Tribunal noted that the assessee's explanation of a bona fide belief regarding the installment scheme was plausible. It held that the assessee provided a bona fide explanation that satisfied the mandate of Section 271(1)(c), subject to verification of the installment scheme approval. The Tribunal directed the AO to verify the approval letters and compliance with the installment scheme. If verified, the penalty should be deleted. Conclusion: The Tribunal allowed the assessee's appeal, indicating that if the installment scheme approval and compliance are verified, the penalty under Section 271(1)(c) should be deleted. The decision emphasizes the importance of bona fide belief and genuine explanations in penalty proceedings under the Income Tax Act.
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