2018 (5) TMI 1086 - AT - Income Tax

Penalty u/s 271(1)(b) - non-compliance with notices u/s 142(1) - proceedings u/s 153C initiated - Held that - No search and seizure operation was conducted on the assessee and proceedings u/s 153C of the Act were initiated and the assessee filed the return in compliance with the notice u/s 153C of the Act and also furnished the reply to various queries raised by the Assessing Officer. The assessee was given very little time to furnish long list of requirements and there was reasonable cause on the part of the assessee for being unable to file the details on the given data in the notice. However, the assessee duly complied with the requirements on the subsequent dates because of which the assessment was completed u/s 153C r.w.s. 143(3) of the Act. Therefore both the lower authorities were not justified in levying and confirming the penalty u/s 271 (1) (b) of the Act at ₹ 10,000/- in each case. - Decided in favour of assessee.

Summary

Issues:
- Dismissal of appeals due to short fee and non-prosecution
- Justification of penalty under section 271(1)(b) of the Income Tax Act
- Compliance with notices under section 142(1) of the Act
- Applicability of penalty in cases where assessments completed under section 143(3) of the Act

Issue 1: Dismissal of appeals due to short fee and non-prosecution
The appeals were initially dismissed by the Tribunal due to a short appeal fee and non-prosecution by the assessees. The assessees later paid the difference in fee but failed to appear at the hearing. Subsequently, the High Court admitted the appeals based on the substantial question of law regarding the dismissal. The High Court directed the Tribunal to verify the fee payment and proceed to decide the appeals on merit.

Issue 2: Justification of penalty under section 271(1)(b) of the Income Tax Act
The common ground in all appeals was the challenge against the penalty imposed under section 271(1)(b) of the Act for non-compliance with notices under section 142(1). The Assessing Officer imposed a penalty of ?10,000 for the non-compliance, leading to the appeals before the Commissioner of Income Tax (Appeals) and subsequently the Tribunal.

Issue 3: Compliance with notices under section 142(1) of the Act
In one specific case, the assessee failed to attend or submit written responses to notices under section 142(1) of the Act. Despite multiple opportunities and notices, the assessee did not comply, leading the Assessing Officer to impose the penalty under section 271(1)(b) for non-compliance.

Issue 4: Applicability of penalty in cases where assessments completed under section 143(3) of the Act
The crux of the matter revolved around whether penalties under section 271(1)(b) of the Act were justified when assessments were completed under section 153C read with section 143(3) of the Act. The Tribunal referred to various judicial pronouncements and rulings to establish that penalties were not warranted in such situations. The Tribunal cited cases where penalties were deleted based on assessments completed under section 143(3) of the Act, emphasizing subsequent compliance as good compliance and ignoring earlier defaults.

In conclusion, the Tribunal allowed all 28 appeals, setting aside the penalties imposed under section 271(1)(b) of the Income Tax Act. The Tribunal's decision was based on the consistent application of legal principles regarding penalties in cases where assessments were completed under section 143(3) of the Act, emphasizing the importance of subsequent compliance and the lack of justification for penalties in such scenarios.