1983 (9) TMI 149 - AT - Income Tax

Appellate Assistant Commissioner, Assessment Order, Mistake Apparent From Record, Penalty Proceedings

Summary

Issues:
1. Initiation of penalty proceedings under section 271(1)(c) after completion of assessment.
2. Validity of passing a rectification order under section 154 to initiate penalty proceedings.
3. Appealability of an order under section 154 relating to the initiation of penalty proceedings.

Detailed Analysis:
1. The main issue in this case is the initiation of penalty proceedings under section 271(1)(c) after the completion of assessment. The assessee contended that penalty provisions should be strictly construed and all penalties must be initiated at the time of assessment. Reference was made to a decision of the Delhi High Court, which held that no action can be initiated in the course of assessment proceedings. However, the Tribunal did not accept the assessee's contention, stating that the mention of penalty proceedings in the assessment order itself is sufficient, regardless of where it occurs in the order. The Tribunal also relied on section 292B of the Income-tax Act, which validates proceedings if they are in conformity with the intent of the Act.

2. The second issue involves the validity of passing a rectification order under section 154 to initiate penalty proceedings. The Income Tax Officer (ITO) passed a rectification order to issue a notice under section 271(1)(c) after the assessment was completed. The assessee consented to this rectification. The Appellate Tribunal observed that the rectification was not necessary, and the assessee was not aggrieved by the mere issuance of a notice. The Tribunal cited precedents where agreements to revision of assessments precluded further appeals and highlighted that the rectification order was not appealable to the Appellate Authority.

3. The final issue concerns the appealability of an order under section 154 relating to the initiation of penalty proceedings. The Tribunal clarified that an order under section 154 or 155 is appealable only if it affects the assessment, refund, or a claim made by the assessee. A direction for initiating penalty proceedings under such an order is not appealable. The Tribunal distinguished a previous case where a penalty had been levied, noting that in the present case, no penalty had been imposed yet. Therefore, the appeal against the order initiating the penalty was dismissed, emphasizing that even in quantum appeals, the authorities do not typically interfere with orders initiating penalties.

In conclusion, the Appellate Tribunal dismissed the appeal, upholding the validity of initiating penalty proceedings after assessment, the permissibility of passing a rectification order under section 154 for this purpose, and the non-appealability of such orders when they do not impact the assessment or refund directly.