2020 (9) TMI 95 - HC - Income Tax

Penalty u/s 271(1)(c) - defective notice u/s 274 - appellant has not been put to notice of the correct limb u/s 271(1)(c) for which the penalty has been initiated - HELD THAT - It is pertinent to note that the assesssee since, its inception till the end of previous year i.e., 31.03.1999 did not commence any business. The notice u/s 274 r.w.s 271(1)(c) was issued for Assessment year 2002-03 and not for the Assessment year in question that is 1999-00. Besides this, it is noteworthy that there was no mention in the notice that the assessee has concealed the income or furnished inaccurate particulars of income. The authorities have failed to appreciate that the penalty proceeding and the assessment proceeding are distinct and since, the assessee had not commenced the business, therefore, it could not have earned income, which had not been accounted for. Tribunal has failed to take into account the well settled legal principles that mere disbelief of an explanation will not be sufficient to impose penalty. For the aforementioned reasons and in view of well settled legal principles referred to by learned Senior counsel for the assessee, the first substantial question of law is answered in the negative and in favour of the assessee

Summary

Issues:
1. Proper assumption of jurisdiction for penalty proceedings.
2. Validity of passing two penalty orders for one assessment year.
3. Discharge of onus under Explanation 1 to Section 271(1)(c) of the Act.
4. Imposition of penalty based on disbelief of explanation.
5. Repayment of advances and capacity of creditors to advance monies.
6. Validity of penalty under Section 271(1)(c) of the Act.

Analysis:

1. The appeal under Section 260A of the Income Tax Act, 1961 raised substantial questions of law regarding the assumption of jurisdiction for penalty proceedings. The court noted that the notice under Section 274 read with Section 271(1)(c) was issued for a different assessment year than the one in question. The absence of mention in the notice regarding concealment of income or furnishing inaccurate particulars was highlighted. The court emphasized the distinction between penalty and assessment proceedings, especially in a case where the business had not commenced, leading to a conclusion that the penalty order lacked jurisdiction.

2. The issue of passing two penalty orders for a single assessment year was addressed. The court observed that the Tribunal failed to consider the legal principle that mere disbelief of an explanation is insufficient to impose a penalty. The court, in line with established legal principles, answered the first substantial question of law in the negative and in favor of the assessee, rendering the remaining questions academic.

3. Regarding the discharge of onus under Explanation 1 to Section 271(1)(c) of the Act, the court found that the appellant had not commenced any business until the relevant year, which impacted the assessment of income. The court emphasized the importance of considering the distinct nature of penalty and assessment proceedings in such cases.

4. The court addressed the issue of imposition of penalty based on disbelief of explanation, emphasizing that penalty proceedings are independent of assessment proceedings. The court highlighted the necessity of independently appreciating the facts justifying the imposition of a penalty, rather than solely relying on disbelief of an explanation.

5. The repayment of advances and the capacity of creditors to advance monies were discussed. The court considered the evidence of repayment and the capacity of certain creditors to advance funds, concluding that no penalty could be levied on such amounts. The court highlighted the importance of assessing the capacity and circumstances of creditors in penalty proceedings.

6. Finally, the court examined the validity of the penalty under Section 271(1)(c) of the Act. Based on the preceding analysis and established legal principles, the court quashed the orders passed by the Income Tax Appellate Tribunal, the Assessing Officer, and the Commissioner of Income Tax (Appeals). The appeal was disposed of in favor of the assessee.