2023 (7) TMI 1430 - AT - Income Tax

Penalty u/s 270A - assesses has furnish inaccurate particulars of Income - HELD THAT - AO has not identified the specific limb of section 270A(9) of the Act, either in the penalty order or in the assessment order which is applicable in the case of assessee. We find that ITAT Pune in the case of Kishor Digambar Patil 2023 (3) TMI 1472 - ITAT PUNE has held that failure on the part of the AO to showcase which of the specific action of the assessee from Clause(a-f) of section 270A(9) was determinant before imposing the impugned penalty u/s 270A of the Act has rendered the entire proceedings invalid and untenable. AO has failed to identify the specific Clauses from Clause (a-f) of section 270A(9) of the Act. Therefore, respectfully following ITAT Pune and ITAT Mumbai decisions the AO is directed to delete the penalty under section 270A of the Act. Accordingly, grounds of appeal raised by the assessee are allowed.

Summary

Issues:
- Appeal against penalty orders under section 270A of the Income Tax Act, 1961 for A.Y. 2017-18 & 2018-19.
- Assessment based on reopened case due to discrepancies in income reporting.
- Allegations of fraudulent claims and concealment of income.
- Challenge on the validity of penalty imposition under section 270A(9) by the Assessing Officer.
- Failure to specify the specific clauses of misreporting under section 270A(9).
- Comparison with relevant legal precedents for penalty imposition.

Detailed Analysis:

Issue 1: Appeal against Penalty Orders
The appeals were filed against the penalty orders under section 270A for the assessment years 2017-18 and 2018-19. The Assessee challenged the penalties imposed by the Assessing Officer for allegedly furnishing inaccurate particulars of income.

Issue 2: Assessment based on Reopened Case
The case was reopened under section 147 of the Income Tax Act due to discrepancies in income reporting. The Assessing Officer identified fraudulent claims and concealment of income by the Assessee, which led to the initiation of penalty proceedings under section 270A.

Issue 3: Allegations of Fraudulent Claims
The Assessing Officer found that the Assessee had filed returns through a tax consultant who was involved in making bogus claims for deductions and house property losses. The fraudulent activities were detected during a survey conducted by the Income Tax Department.

Issue 4: Challenge on Penalty Imposition
The Assessee challenged the validity of the penalty imposed under section 270A(9) by the Assessing Officer. The Assessee argued that the penalty was not justified as the income reported was based on the advice of the tax consultant, and there was no intentional misreporting.

Issue 5: Failure to Specify Specific Clauses
The Assessing Officer failed to specify the specific clauses of misreporting under section 270A(9) applicable to the Assessee. The lack of identification of the specific misreporting actions rendered the penalty proceedings invalid.

Issue 6: Comparison with Legal Precedents
The Tribunal referred to legal precedents, including decisions by ITAT Pune and ITAT Mumbai, to analyze the penalty imposition under section 270A. The Tribunal emphasized the importance of strictly interpreting penalty provisions and the need for the Assessing Officer to demonstrate how the Assessee's actions fell within the specified clauses of misreporting.

In conclusion, the Tribunal allowed the appeals of the Assessee for both assessment years, directing the Assessing Officer to delete the penalties imposed under section 270A. The Tribunal found that the Assessing Officer's failure to identify the specific misreporting clauses and apply them to the Assessee's case rendered the penalty imposition invalid and against the principles of natural justice.