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2021 (9) TMI 512 - AT - Income TaxValidity of penalty proceeding has been initiated and culminated into imposition of penalty u/s 271(1)(c) - initiation of penalty proceeding u/s 271(1)(c) in respect of an undisclosed income as referred under sub-Section 1 of Section 271AAA - HELD THAT - As during search proceedings initiated u/s 132 of the Act on 15.09.2009 i.e. on or after 01.06.2007 but before 01.07.2012 - admittedly the appellant s case coming under the purview of the statutory provision of Section 271AAA - Section 271AAA (3) specifically prohibits initiation of penalty proceeding u/s 271(1)(c) in respect of an undisclosed income as referred under sub-Section 1 of Section 271AAA. Impugned penalty proceeding has been initiated and culminated into imposition of penalty u/s 271(1)(c) but the same has been explicitly prohibited by the provision of sub-Section 3 of Section 271AAA particularly where undisclosed income has been found during the search proceeding. This provision left no space for confusion or doubt in barring the AO to assume jurisdiction to levy penalty u/s 271(1)(c) - in the present facts and circumstances of the case the very initiation of penalty proceeding under Section 271(1)(c) is contrary to the statutory provision, palpably bad and not maintainable in the eye of law - taking into consideration the entire aspect of the matter we find that initiation of the penalty proceeding is erroneous and is not sustainable. Thus, the same is hereby quashed. - Decided against revenue.
Issues Involved:
1. Validity of penalty proceedings under Section 271(1)(c) of the Income Tax Act, 1961. 2. Applicability of Section 271AAA to the case. 3. Estimation of profit and its impact on penalty. Detailed Analysis: 1. Validity of Penalty Proceedings under Section 271(1)(c): The Revenue's appeal challenges the order dated 07.09.2015 by the Commissioner of Income Tax (Appeals)-1, Rajkot, which arose from the order dated 31.12.2013 by the ITO, Ward – 9(1), Ahmedabad, under Section 271(1)(c) of the Income Tax Act, 1961. The assessment under Section 143(3) was completed on 21.02.2012, determining total income at ?5,83,25,466/- with an addition of ?4,15,88,930/- for suppressed profit on sale of plots in the project Rushabh Vatika. The penalty was imposed based on the allegation of furnishing inaccurate particulars of income. 2. Applicability of Section 271AAA: During the search initiated on 15.09.2009, unaccounted sales related to the appellant's project were admitted, and profits were declared and taxed. The appellant argued that the penalty under Section 271(1)(c) was invalid as the case fell under Section 271AAA, which applies to undisclosed income found during searches conducted between 01.06.2007 and 01.07.2012. The Ld. CIT(A) agreed, noting that Section 271AAA(3) explicitly prohibits penalties under Section 271(1)(c) for such undisclosed income. 3. Estimation of Profit and its Impact on Penalty: The Ld. CIT(A) determined a net profit rate of 30% for the project Rushabh Vatika, similar to nearby projects, based on the Hon’ble Settlement Commission’s findings. The appellant had declared a profit rate of 20%, which was increased to 30% by the CIT(A). The Ld. AO imposed a penalty, arguing that the appellant had furnished inaccurate particulars of income. However, the Ld. CIT(A) and the Tribunal found that the penalty could not be levied on an estimated addition, especially when the estimation was based on an appellate authority's decision and not on any incriminating material. Tribunal's Findings: The Tribunal upheld the CIT(A)'s decision, emphasizing that the penalty under Section 271(1)(c) was not applicable due to the specific provisions of Section 271AAA. The Tribunal noted that the search was conducted within the specified period, and the income assessed was undisclosed income as defined under Section 271AAA. Therefore, the initiation of penalty proceedings under Section 271(1)(c) was contrary to the statutory provisions and not maintainable. The Tribunal quashed the penalty proceedings and dismissed the Revenue's appeal. Conclusion: The appeal by the Revenue was dismissed, and the penalty proceedings under Section 271(1)(c) were quashed as they were found to be contrary to the statutory provisions of Section 271AAA. The Tribunal's decision emphasized the importance of adhering to specific provisions when dealing with undisclosed income found during search proceedings.
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