2020 (8) TMI 92 - AT - Income Tax

Penalty u/s 271(1)(c) - Validity of notice - additions towards unexplained cash credits - assessee has voluntarily surrendered additions, not for any of the reasons, but to buy peace and to end litigations - notice issued for one limb and penalty levied for another limb - HELD THAT - AO has not arrived at clear satisfaction as to under which limb of provisions of section 271(1)(c) of the Act, the proposed penalty proceedings has been initiated, which is evident from the fact that there is no clear satisfaction in the assessment order and the notice is absolutely silent on this aspect. The said lapse is continued even in penalty order passed u/s 271(1)(c) which is evident from the fact that where the penalty has been levied on both limbs. It is a well settled proposition of law that penalty cannot be initiated for the limb, which is different from the limb for which proposed penalty proceedings has been initiated. Further, if the penalty proceedings has been initiated for one limb and levied under different limb, then the whole penalty proceedings become vitiate. AO has to arrived at clear satisfaction regarding the limb under which, he proposed to levy penalty before issue of notice u/s 274 r.w.s 271(1)(c) of the Act. This legal proposition is supported by the decision of Hon ble Karnataka High court in the case of CIT vs. Manjunatha cotton Ginning Factory 2013 (7) TMI 620 - KARNATAKA HIGH COURT and was upheld by the Hon'ble Supreme court, in the case of CIT vs M/s SSA's Emerald Meadows 2016 (8) TMI 1145 - SC ORDER . CIT vs Samson Perinchery 2017 (1) TMI 1292 - BOMBAY HIGH COURT has held that if notice issued for one limb and penalty levied for another limb then, the whole proceedings become void ab-inito and liable to be quashed. In this case, on perusal of facts, we find that the Ld. AO has failed to arrive at clear satisfaction - Decided in favour of assessee.

Summary

Issues Involved:
1. Validity of penalty imposed under Section 271(1)(c) of the IT Act.
2. Legitimacy of notice issued under Section 274 read with Section 271 of the IT Act.
3. Substantiation of additions towards unexplained cash credits under Section 68 of the IT Act.

Detailed Analysis:

1. Validity of Penalty Imposed under Section 271(1)(c) of the IT Act:
The primary issue revolves around the penalty of ?2,96,254 imposed under Section 271(1)(c) for concealment of income and furnishing inaccurate particulars of income. The Assessing Officer (AO) initiated penalty proceedings after the assessment was completed, which included additions for unexplained cash credits. The Commissioner of Income Tax (Appeals) [CIT(A)] upheld the penalty, stating that the assessee could not substantiate the unsecured loans taken from certain parties and surrendered the peak credit of unsecured loans. The Tribunal noted that the AO had not clearly specified under which limb of Section 271(1)(c) the penalty was being levied, leading to ambiguity.

2. Legitimacy of Notice Issued under Section 274 read with Section 271 of the IT Act:
The assessee challenged the validity of the notice issued under Section 274 read with Section 271, arguing that it was vague and did not specify the exact charge. The Tribunal observed that the notice was a printed form without striking off the non-applicable portions, indicating that the AO had not applied his mind. The Tribunal emphasized that the AO must arrive at a clear satisfaction regarding the limb under which the penalty is proposed before issuing the notice. This lapse rendered the penalty proceedings void ab initio, as supported by judicial precedents, including the Karnataka High Court's decision in CIT vs. Manjunatha Cotton & Ginning Factory and the Bombay High Court's decision in CIT vs. Samson Perinchery.

3. Substantiation of Additions towards Unexplained Cash Credits under Section 68 of the IT Act:
The assessee's initial return declared an income of ?3,30,925, but the assessment was completed with a total income of ?27,16,226 due to additions of ?18 lakhs towards unexplained cash credits. The CIT(A) and the Tribunal initially upheld these additions. However, upon further appeal, the Tribunal set aside the issue for fresh consideration, leading to a revised addition of ?8,06,132. The AO initiated penalty proceedings for this revised addition. The assessee argued that the surrender of the addition was to buy peace and end litigation, not an admission of concealment. However, the CIT(A) and the Tribunal found that the surrender was not voluntary but due to the inability to substantiate the loans.

Conclusion:
The Tribunal concluded that the AO's failure to specify the exact charge in the penalty notice and the ambiguity in the assessment order rendered the penalty proceedings invalid. Thus, the penalty order under Section 271(1)(c) was quashed, and the appeal filed by the assessee was allowed. The Tribunal directed the AO to delete the penalty of ?2,96,254.