2022 (1) TMI 42 - AT - Income Tax

Penalty u/s 271(1)(c) - HELD THAT - As additions on the basis of which penalty has been levied, have already been set aside and issues related to the additions remanded to the file of Ld. CIT(A) for decision afresh, by the Co-ordinate Bench of the Tribunal in Assessee s own quantum Appeal 2019 (12) TMI 487 - ITAT DELHI the penalty under challenge imposed by impugned order, does not survive, consequently impugned order is set aside and the Assessee s appeal is allowed.

Summary

Issues:
- Appeal against order of Commissioner of Income Tax (Appeals) for assessment year 2013-14.
- Disallowances of foreign exchange loss and office maintenance expenses.
- Addition of trade liabilities and unaccounted cash balance.
- Penalty proceedings initiated by Commissioner.
- Set aside additions by Tribunal in quantum appeal.
- Legal principles and judgments relied upon by Assessee.
- Consideration of factual position by Tribunal.
- Decision to set aside penalty and allow Assessee's appeal.

Analysis:
1. The appeal was filed against the order of the Commissioner of Income Tax (Appeals) for the assessment year 2013-14. The Assessee initially declared a loss of ?26,34,469, which was later adjusted by disallowing foreign exchange loss and office maintenance expenses. The Commissioner, in the impugned order, further enhanced the Assessee's income by disallowing trade liabilities and adding unaccounted cash balance. Penalty proceedings were also initiated by the Commissioner based on the adjustments made. The Assessee contended that the additions leading to the penalty had already been set aside by the Tribunal in a previous order, thus challenging the validity of the penalty.

2. The Tribunal referred to the Tribunal's earlier order in the Assessee's quantum appeal, where certain additions were set aside for fresh consideration by the Commissioner. As the issues related to the additions were remanded back to the Commissioner for a fresh decision, the Tribunal concluded that the penalty imposed in the impugned order could not be sustained. Consequently, the Tribunal set aside the impugned order and allowed the Assessee's appeal, stating that the penalty did not survive due to the previous Tribunal's decision on the additions.

3. The Tribunal clarified that the Commissioner could initiate penalty proceedings afresh if deemed necessary based on the facts and circumstances of the case. The decision to set aside the penalty and allow the Assessee's appeal was based on the Tribunal's consideration of the peculiar facts and the previous Tribunal's order regarding the additions that formed the basis of the penalty. The Tribunal's decision highlighted the importance of ensuring that penalties are imposed in accordance with the law and supported by valid additions or adjustments made during assessments.

4. The Assessee's arguments were supported by legal principles and judgments, including cases such as Amrut Tubewell Co. Vs. ACIT, Asia Investments (P.) Ltd. Vs. ACIT, and Income Tax Officer Vs. Mahipal Textiles Mills. These judgments were cited to strengthen the Assessee's position regarding the treatment of trade payables and the necessity of documentary evidence to support transactions and liabilities. The Tribunal's decision to set aside the penalty and allow the appeal showcased the significance of factual verification and adherence to legal principles in tax assessments and penalty proceedings.