2023 (5) TMI 688 - AT - Income Tax

Penalty imposed u/s 271(1)(c) - mandation of recoding of satisfaction before initiating penalty proceedings - assessee is a Govt. of Arunachal Pradesh enterprise engaged in the business of construction of houses for the police department and other government corporations which claimed exemption u/s 10(26B) - HELD THAT - D/R who fairly accepted that there is no recording of any satisfaction for initiation of penalty proceedings under section 271(1)(c) in the body of the assessment order. AO noted in the assessment order his satisfaction that there was either concealment of income by the assessee or that the assessee had furnished inaccurate particulars in his return of income and that there is a case made out for initiating proceedings u/s 271(1)(c) - Initiation of proceedings u/s 271(1)(c) against the assessee is not valid in law and the penalty imposed thereafter is not sustainable and liable to be quashed. Accordingly under the facts and circumstances of the case and considering the judicial precedent referred above and submissions made by Sr. D/R we find it proper to delete the penalty imposed by ld. AO u/s 271(1)(c) - Accordingly additional ground taken by the assessee is allowed.

Summary

Issues involved:
The judgment deals with the issue of penalty imposed under section 271(1)(c) of the Income-tax Act, 1961 for claiming exemption under section 10(26B) of the Act by a government enterprise engaged in construction activities. The main contention raised was regarding the jurisdiction of the Assessing Officer in initiating the penalty proceedings without recording satisfaction during the assessment proceedings.

Jurisdiction of Assessing Officer:
The appellant challenged the penalty order under section 271(1)(c) on the grounds of lack of jurisdiction by the Assessing Officer. It was argued that the initiation of penalty proceedings without recording satisfaction during the assessment proceedings was beyond the jurisdiction of the Assessing Officer. The appellant contended that the Assessing Officer failed to mention any observation or direction for initiating penalty proceedings in the assessment order, rendering the penalty proceedings invalid.

Additional Ground and Legal Arguments:
The appellant raised an additional ground challenging the validity of the penalty order, emphasizing that the Assessing Officer did not record any satisfaction for initiating penalty proceedings as required by section 271(1)(c) of the Act. The appellant cited legal provisions and case laws to support the argument that the absence of a clear finding in the assessment order regarding concealment of income or furnishing inaccurate particulars makes the initiation of penalty proceedings without jurisdiction.

Judicial Precedents and Decision:
The appellant relied on judicial precedents, such as the decisions of the High Courts of Andhra Pradesh and Delhi, to support the argument that the satisfaction of the Assessing Officer for penalty imposition must be evident from the assessment order itself. The Tribunal, after reviewing the assessment order and considering the legal arguments presented, concluded that the initiation of penalty proceedings without recording satisfaction during the assessment proceedings was not valid in law. Therefore, the Tribunal decided to quash the penalty imposed under section 271(1)(c) of the Act.

Final Decision and Outcome:
The Tribunal allowed the appeal of the assessee, holding that the penalty imposed by the Assessing Officer under section 271(1)(c) was not sustainable due to lack of jurisdiction. The Tribunal accepted the additional ground raised by the appellant and quashed the penalty order. As a result, the grounds taken by the appellant in the appeal were not further adjudicated upon, and the appeal was allowed in favor of the assessee.

Separate Judgement:
No separate judgment was delivered by the judges in this case.