2019 (1) TMI 1354 - AT - Income Tax

Rectification of mistake - levy of penalty under section 271(1)(c) - Held that - We find that the additions / disallowances for which penalty under section 271(1)(C) was levied; have either been deleted or set aside to the file of AO for fresh adjudication vide Tribunal s order. In this view of the matter, the penalty levied under section 271(1)(C) of the Act for Assessment Year 2007-08 is not sustainable in the eyes of law. We, accordingly, set aside the order of the CIT(A) and delete the said penalty. - Decided in favour of assessee.

Summary

Issues: Rectification of Tribunal's order in ITA No. 1316/Bang/2016 dated 20.07.2018 for Assessment Year 2007-08 regarding the levy of penalty under section 271(1)(c) of the Income Tax Act, 1961.

Analysis:
1. Rectification of Tribunal's Order: The Revenue filed Miscellaneous Petitions (MPs) before the Appellate Tribunal, contending that the Tribunal's order in ITA No. 1316/Bang/2016 dated 20.07.2018 required rectification due to mistakes apparent from the record. The Revenue argued that the Tribunal erred in holding that the additions for which penalty was levied had been deleted, whereas they had only been remitted to the Assessing Officer for fresh adjudication. The Revenue submitted that the Tribunal's decision was against the principles of natural justice as it relied on an order that did not comply with the statutory requirements. The Tribunal acknowledged the mistakes in the order and agreed that rectification was necessary to clarify that the additions/disallowances for which the penalty was levied had either been deleted or sent back to the Assessing Officer for reconsideration.

2. Details of Disallowances/Additions: The Tribunal highlighted specific issues from the case on quantum matters where certain amounts were either deleted or remitted for fresh adjudication. The Tribunal listed the amounts related to money received from specific sources, advances received, additions under section 68, and undervaluation of the cost of acquisition of lands. While some amounts were deleted, others were remitted to the Assessing Officer for further review, emphasizing the need for a comprehensive reassessment of these issues.

3. Rectification of Tribunal's Order: After hearing both parties and reviewing the submissions, the Tribunal agreed with the Revenue's contentions regarding the errors in the order. The Tribunal rectified the order to clarify that the penalty under section 271(1)(c) was not sustainable due to the deletions or remittances of the relevant amounts. The revised order explicitly stated that the penalty for Assessment Year 2007-08 was not justified based on the Tribunal's findings and the need for further assessment by the Assessing Officer.

4. Final Disposition: The Tribunal, after rectifying the order and addressing the mistakes, disposed of the Revenue's MPs accordingly. The corrected order clarified the status of the penalty under section 271(1)(c) for the Assessment Year 2007-08, emphasizing the importance of accurate assessment and compliance with legal requirements. The judgment was pronounced in an open court on January 23, 2019, marking the conclusion of the case before the Appellate Tribunal.