2019 (6) TMI 1096 - AT - Income Tax

Penalty u/s 271(1)(c) - defective notice - notice initiating the penalty proceedings did not specify clearly as to whether the penalty proceedings were initiated for concealment of particulars of income or for furnishing inaccurate particulars of income - admission of additional ground - HELD THAT - There is no fresh investigation on facts is required, the additional ground raised by the assessee has to be adjudicated, hence, the same has to be admitted by following the judgment in the case of National Thermal Power Co. Ltd. 1996 (12) TMI 7 - SUPREME COURT the additional ground raised by the assessee is admitted. Validity of the notice - from the reference to notice it is not clear whether Assessing Officer has initiated penalty proceedings for concealment of particulars of income or for furnished inaccurate particulars. Therefore, the notice issued by the Assessing Officer is a vague notice and is liable to be quashed in the light of the decision of Smt. Baisetty Revathi 2017 (7) TMI 776 - ANDHRA PRADESH HIGH COURT and also the decision of SSA s Emerald Meadows 2016 (8) TMI 1145 - SC ORDER . - Decided in favour of assessee.

Summary

Issues:
Validity of penalty notice under section 271(1)(c) - Whether notice specified concealment of income or furnishing inaccurate particulars clearly.

Analysis:
The appeal pertains to an individual engaged in wholesale cloth business for the Assessment Year 2009-10. The Assessing Officer completed the assessment under section 143(3) of the Income Tax Act, 1961, making certain additions and subsequently issued a penalty notice under section 271(1)(c). The appellant challenged the penalty order before the Tribunal, contending that the notice issued by the Assessing Officer was vague. The appellant argued that the notice did not clearly specify whether the penalty proceedings were initiated for concealment of income or furnishing inaccurate particulars of income. The Tribunal considered this additional ground raised by the appellant, citing the judgment of the Hon'ble Supreme Court in the case of National Thermal Power Co. Ltd. Vs. CIT. The Tribunal admitted the additional ground for adjudication as it was a legal issue that required consideration to correctly assess the tax liability of the assessee.

Regarding the validity of the penalty notice issued by the Assessing Officer, the appellant argued that the notice was not clear about the nature of the penalty being imposed. The appellant relied on recent judgments to support the contention that the notice lacked specificity, rendering it invalid. On the other hand, the Departmental Representative argued that the notice was valid despite the lack of clarity at the time of issuance. The Tribunal examined the notice issued by the Assessing Officer and found that it did not clearly specify whether the penalty proceedings were for concealment of income or furnishing inaccurate particulars. Citing relevant judgments, including the decision of the Hon'ble Supreme Court and the Jurisdictional High Court, the Tribunal concluded that the notice was vague and, therefore, invalid. The Tribunal referred to a similar case where the notice was quashed due to similar deficiencies, emphasizing the importance of clear and specific notices in penalty proceedings.

In line with the precedents and legal principles established by higher courts and previous tribunal decisions, the Tribunal held that the notice issued under section 274 read with section 271 was invalid. Consequently, the penalty imposed by the Assessing Officer was cancelled, and the appeal filed by the assessee was allowed. The Tribunal's decision was based on ensuring the proper application of tax laws and upholding the principles of natural justice in penalty proceedings.