2022 (8) TMI 781 - AT - Income Tax

Penalty proceedings u/s. 271(1)(c) - addition on account of sundry creditors - HELD THAT - This amount has been deleted by the ITAT in the quantum appeal against the order of Ld. CIT(Appeals) in the assessee's own case 2020 (7) TMI 94 - ITAT AHMEDABAD - Since the issues has been decided in favour of the assessee by IT AT in quantum proceedings, penalty u/s. 271(1)(c) of the Act is hereby directed to be deleted. Addition being the expenditure incurred for increase in the authorised share capital - We are of the considered view that even if the assessee did not press this issue in quantum proceedings before Ld. CIT(Appeals), since various Tribunals have held that expenses incurred towards increased in authorised share capital is eligible for deduction under section 35D of the Act, and therefore since the issue is debatable one, hence penalty u/s. 271(1)(c) of the Act on this issue is hereby being set aside. Addition as per AIR information - Addition has been made purely on account of the AIR report and no income has been received by the assessee. In our considered view, looking at the quantum of addition, and in view of the fact that the assessing officer has not been able bring anything on record to substantiate that this amount either accrued to the assessee/or has been received by the assessee, but relied only on the AIR report to hold the assessee has under-reported this income, in the interests of justice, we are hereby deleting the addition u/s. 271(1)(c) of the Act. Appeal of assessee allowed.

Summary

Issues:
1. Violation of Principles of Natural Justice in passing an ex parte order.
2. Levying penalty under section 271(1)(c) without recording mandatory satisfaction.
3. Defect in show cause notice rendering penalty void ab initio.
4. Confirmation of penalty under section 271(1)(c) of Rs. 6,34,716.
5. Barred penalty order by limitation.
6. Erroneous and excessive quantification of penalty.
7. Lower authorities' failure to appreciate facts and submissions.

Issue 1: Violation of Principles of Natural Justice
The assessee contended that the learned CIT(A) erred in not granting a hearing opportunity before passing an ex parte order, violating the Principles of Natural Justice. The Tribunal noted the importance of providing a fair hearing and found the violation in the order, leading to a ground for appeal.

Issue 2: Levying Penalty without Mandatory Satisfaction
The assessee challenged the action of the Assessing Officer (AO) in initiating and levying penalty under section 271(1)(c) without recording mandatory satisfaction. The Tribunal analyzed the legal requirement for satisfaction under the Act and considered the lack of it as a valid ground for appeal.

Issue 3: Defect in Show Cause Notice
The appeal raised concerns about the show cause notice not specifying the exact charge for the penalty under section 271(1)(c), leading to a defect rendering the penalty void ab initio. The Tribunal examined the legal implications of such a defect and its impact on the penalty imposition.

Issue 4: Confirmation of Penalty
The dispute centered on the confirmation of a penalty of Rs. 6,34,716 under section 271(1)(c) by the lower authorities. The Tribunal reviewed the grounds for the penalty imposition and assessed whether the confirmation was legally justified based on the facts and submissions presented.

Issue 5: Barred Penalty Order
The assessee argued that the penalty order was barred by limitation, questioning its jurisdiction and legality. The Tribunal scrutinized the timeline of the penalty imposition and assessed whether it was within the statutory limitations, considering the implications on the validity of the penalty.

Issue 6: Erroneous Quantification of Penalty
The appeal raised concerns about the erroneous and excessive quantification of the penalty. The Tribunal examined the calculations and justifications for the penalty amount to determine if there were errors in the quantification process, leading to a ground for appeal.

Issue 7: Failure to Appreciate Facts and Submissions
The assessee contended that the lower authorities failed to properly appreciate the facts, submissions, and information provided, breaching the Principles of Natural Justice. The Tribunal reviewed the actions of the lower authorities and assessed whether there was a clear breach of law in their decision-making process.

This detailed analysis of the judgment covers all the issues involved in the appeal before the Appellate Tribunal ITAT Ahmedabad.