9911796707
|
Home
Issues:
Jurisdiction of the Inspecting Asstt. CIT to impose penalty post-amendment of s. 274(2) - Additional ground filed by assessee challenging penalty imposition - Competence of the Tribunal to hear the appeal after the amendment. Analysis: The judgment by the Appellate Tribunal ITAT Delhi-C, addressed the issue of the jurisdiction of the Inspecting Asstt. CIT to impose a penalty post-amendment of s. 274(2). The assessee filed an additional ground challenging the penalty imposition, arguing that the Inspecting Asstt. CIT had lost the right to impose the penalty due to the amendment. The Tribunal admitted the additional ground for consideration. The Tribunal emphasized that an authority must assume jurisdiction in accordance with the law and exercise it within the legal boundaries. It was established that after the amendment, the Inspecting Asstt. CIT ceased to have the jurisdiction to impose the penalty. Therefore, the penalty order passed by the Inspecting Asstt. CIT was deemed unsustainable and was annulled, allowing the appeal. The Tribunal referred to the judgment of the Allahabad High Court in CIT vs. Om Sons, where it was held that a Court or Tribunal must not only possess jurisdiction initially but also have the power to decide the matter when the final order is made. The judgment highlighted that the Inspecting Asstt. CIT's jurisdiction to impose the penalty had been taken away by the amendment of s. 274(2) at the time the penalty order was passed, rendering the order without jurisdiction. The Tribunal rejected the Revenue's argument against its competence to dispose of the appeal, asserting that when an authority exercises jurisdiction under the IT Law and causes grievance to a party, the party has the right to seek redress in accordance with the law. The Tribunal confirmed its competence to entertain and decide on the appeal within the provisions of the IT Act. In conclusion, the Tribunal allowed the appeal, emphasizing the importance of an authority's jurisdiction and competence in imposing penalties post-amendment. The judgment underscored the necessity for authorities to act within the legal framework and upheld the assessee's challenge against the penalty imposition due to the lack of jurisdiction post-amendment of s. 274(2).
|
