2019 (5) TMI 544 - AT - Income Tax

Penalty u/s 271(1)(c) - Disallowance u/s 14A - HELD THAT - We agree with the submissions of AR that the factual matrix would not warrant penalty since there was no furnishing of inaccurate particulars of income or concealment of income on the part of the assessee rather a disallowance u/s 14A was made in the hands of the assessee, which was on estimated basis. Therefore, we hold that the penalty to the extent as directed by Ld. first appellate authority would not be sustainable. - Decided in favour of assessee.

Summary

Issues: Appeal against penalty u/s 271(1)(c) for AY 2009-10 based on disallowance u/s 14A.

Analysis:
1. The appeal was filed contesting the penalty imposed by the Ld. AO for disallowance u/s 14A in the assessment for AY 2009-10. The penalty was confirmed partially by the Ld. CIT(A) in an order dated 22/03/2017.

2. The AR for the assessee argued that the penalty of ?2,88,393/- was levied by the Ld. AO against a disallowance of ?9,33,311/- made in the assessment u/s 143(3) on 31/10/2011. The Tribunal previously set aside the disallowance for re-computation, resulting in a revised disallowance of ?14,957/-. The CIT(A) directed the Ld. AO to recompute the penalty based on the revised disallowance.

3. The AR contended that the penalty was not justified as the requirements of Section 271(1)(c) were not met, arguing that there was no inaccurate particulars or concealment of income, but a disallowance made on an estimated basis. The Revenue supported confirming the penalty based on the quantum sustained by the Tribunal.

4. After careful consideration, the Tribunal agreed with the AR's submissions, holding that the penalty was not warranted as there was no inaccurate particulars or income concealment, but a disallowance made on an estimated basis. Therefore, the Tribunal held that the penalty directed by the CIT(A) would not be sustainable.

5. Consequently, the appeal was partly allowed, and the penalty was set aside based on the Tribunal's order.

This judgment highlights the importance of meeting the specific requirements of Section 271(1)(c) for the imposition of penalties related to income tax assessments, emphasizing the need for accurate reporting and transparency in income declarations to avoid penalties for taxpayers.