2008 (7) TMI 379 - HC - Income Tax

Penalty u/s 272A(2)(e) - ITAT granted relief in part by holding that when the application was not filed by the assessee claiming exemption under sections 11 and 12 of the Act and when the Department has refused to grant exemption claimed by the assessee under sections 11 and 12 of the Act, the Revenue cannot invoke section 139(4A) of the Act and, therefore, held that levying of penalty invoking the provisions of section 272A(2)(e) of the Act was not proper held that - of penalty levied under section 272A(2)(e) of the Act has to be re-examined by the Assessing Officer - assessing authority directed to consider the effect of grant of registration in favour of the assessee under section 12A of the Act and pass an appropriate order in accordance with law

Summary

Issues:
1. Challenge to order passed by Income-tax Appellate Tribunal.
2. Penalty proceedings under section 272A(2)(e) for delay in filing return.
3. Exemption under section 10(22)/(23C) of the Income-tax Act.
4. Consideration of reasonable cause for delay in filing return.

Analysis:

1. The appeal by the Revenue and cross-objections by the assessee challenged the order passed by the Income-tax Appellate Tribunal, Bangalore Bench, which reversed the findings of the order of assessment and the Commissioner of Income-tax (Appeals), Bangalore. The Revenue contested the Tribunal's decision under section 260A of the Income-tax Act, 1961.

2. The case involved a trust running an educational institution that claimed exemption under section 10(22)/(23C) for the assessment year 2001-02. The Assessing Officer initiated penalty proceedings under section 272A(2)(e) due to the delay in filing the income tax return by the assessee, which was filed belatedly on December 21, 2001.

3. The Tribunal held that since the Department refused to grant exemption claimed by the assessee under sections 11 and 12 of the Act, the Revenue could not invoke section 139(4A) for penalty proceedings. The Tribunal granted partial relief to the assessee, citing that the levy of penalty under section 272A(2)(e) was not appropriate in this case.

4. The assessee contended that they were under a bona fide impression that filing the return before October 30, 2001, was not mandatory due to the exemption obtained under section 10(22)/(23C). The Tribunal directed the assessing authority to re-examine the penalty levied under section 272A(2)(e) in light of the registration granted to the assessee under section 12A of the Act.

5. The High Court set aside all previous orders, directing the assessing authority to reconsider the penalty in view of the registration granted to the assessee under section 12A. The court allowed the appeal and cross-objections, emphasizing that the reasonableness of the cause shown by the assessee for the delay in filing the return should be re-evaluated by the assessing authority.