2022 (1) TMI 284 - AT - Income Tax

Penalty u/s 271AAB - Defective notice u/s 274 - whether the impugned penalty proceedings could be held as rightly initiated since not specifying the corresponding statutory limb? - HELD THAT - As decided in SHRI ASHOK BHATIA 2020 (2) TMI 261 - ITAT INDORE the matter written in the body of the notice issued u/s 274 of the Act does not refer to the charges of provision of Section 271AAB of the Act makes the alleged notice defective and invalid and thus deserves to be quashed. Since the penalty proceedings itself has been quashed the impugned penalty stands deleted. - Decided in favour of assessee.

Summary

Issues Involved:
1. Validity of Penalty Proceedings under Section 271AAB of the Income Tax Act, 1961.
2. Adequacy and Specificity of Show Cause Notices Issued under Section 274 Read with Section 271AAB.
3. Impact of Defective Notices on Penalty Orders.

Issue-Wise Detailed Analysis:

1. Validity of Penalty Proceedings under Section 271AAB of the Income Tax Act, 1961:
The primary issue revolves around whether the initiation of penalty proceedings under Section 271AAB was valid. The tribunal examined if the Assessing Officer (AO) had followed the correct procedure while issuing the penalty notice. The tribunal referred to previous decisions, including Ashok Bhatia Vs. DCIT and DCIT vs R. Elangovan, which emphasized that failure to specify the statutory limb in the show cause notice is fatal to the penalty mechanism. The tribunal concluded that the penalty proceedings were not rightly initiated due to the lack of specificity in the show cause notices.

2. Adequacy and Specificity of Show Cause Notices Issued under Section 274 Read with Section 271AAB:
The tribunal scrutinized the content of the show cause notices issued by the AO. It was observed that the notices were issued in a casual fashion without specifying the exact charge or the corresponding statutory limb under Section 271AAB. The tribunal cited the decision in Ashok Bhatia Vs. DCIT, which held that a notice must clearly state the specific charge to provide the assessee an opportunity to defend themselves. The tribunal found that the notices lacked the requisite details, making them technically defective and invalid.

3. Impact of Defective Notices on Penalty Orders:
The tribunal discussed the implications of issuing defective notices. It was noted that the AO had used a proforma meant for Section 271(1)(c) penalties, which did not align with the requirements of Section 271AAB. The tribunal referred to multiple judgments, including those from the Hon'ble Karnataka High Court and the Hon'ble Supreme Court, which emphasized that vague notices violate the principles of natural justice. The tribunal held that the defective notices rendered the penalty orders unsustainable in law, leading to their quashing.

Conclusion:
The tribunal upheld the CIT(A)'s decision to delete the penalties, citing the defective nature of the show cause notices. The Revenue's appeals were dismissed, reinforcing the necessity for clear and specific notices in penalty proceedings. The tribunal's decision underscores the importance of adhering to procedural requirements to ensure the validity of penalty orders.