2021 (4) TMI 43 - AT - Income Tax

Penalty u/s 271AAA - Addition being 10% of the undisclosed income - HELD THAT - We find that the assessee has disclosed the unaccounted income from the sale of land which has not been doubted by the authorities below. Thus, it is transpired that that the assessee complied with the conditions provided under sub-section 2 of section 271AAA of the Act. The onus is on the Revenue Authorities to show as to how and in what manner conditions of section 271AAA(2) had not been complied with. AO in the penalty order without elaborating the facts with the reasons has just mentioned that the assessee has not complied with the conditions as specified under section 271AAA of the Act for claiming the immunity. There remains no ambiguity to the fact that the AO has not brought anything on record including the statement recorded under section 132(4) of the Act suggesting that the conditions as specified under section 271AAA of the Act has not been satisfied. Accordingly we are not impressed with the finding of the authorities below. Thus the order of the learned CIT (A) is set aside by us with the direction to the AO to delete the penalty levied by him. Thus the ground of appeal of the assessee is allowed.

Summary

Issues:
1. Appeal against penalty order under Section 271AAA of the Income Tax Act, 1961.

Detailed Analysis:

Issue 1: Appeal against Penalty Order under Section 271AAA
The appeal was filed by the Assessee against the penalty order under Section 271AAA of the Income Tax Act, 1961. The Assessee contended that the penalty of ?5,62,500 was levied without proper consideration of the facts and legal provisions. The Assessee argued that their case did not fall within the scope of Section 271AAA and requested the penalty to be quashed. The Assessee also challenged the penalty on the grounds of incorrect mention of the section by the Assessing Officer, citing Section 292B. Furthermore, the Assessee claimed that their case was covered under Section 271AAA(2), thus no penalty should be levied. The Assessee requested the opportunity to add, amend, or delete grounds during the appeal hearing.

Issue 2: Confirmation of Penalty by CIT(A)
The facts revealed that the Assessee, an individual, disclosed unaccounted income from the sale of land during a search operation under Section 132 of the Act. The Assessing Officer accepted the disclosed income in the assessment but initiated penalty proceedings under Section 271AAA, which was confirmed by the CIT(A). The Assessee challenged this confirmation, leading to the appeal. The Assessee's representative submitted detailed written arguments against the penalty, while the Revenue representative supported the lower authorities' decision.

Issue 3: Compliance with Conditions for Immunity under Section 271AAA
The Tribunal analyzed the conditions for immunity under Section 271AAA, requiring the Assessee to specify and substantiate the undisclosed income's derivation and pay the tax with interest. The AO found that the Assessee disclosed income from the land sale, which was accepted. The Tribunal referred to a High Court judgment emphasizing the AO's duty to show non-compliance with Section 271AAA(2) conditions. The AO's penalty order lacked detailed reasoning on non-compliance, leading the Tribunal to set aside the CIT(A)'s order and direct the AO to delete the penalty.

In conclusion, the Tribunal allowed the Assessee's appeal, emphasizing the importance of satisfying the conditions for immunity under Section 271AAA and the necessity for Revenue Authorities to demonstrate non-compliance with such conditions.