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2024 (10) TMI 639 - AT - Income TaxPenalty u/s 271(1)(c) - assessee is a non-filer and has not filed her return of income for the impugned assessment year even though the assessee had taxable income - HELD THAT - Admittedly, the assessee has not filed her return of income despite having taxable income during the impugned assessment year. Assessee computed the capital gains based on the value in the registered sale deed and not by adopting the provisions of section 50C - AO has considered that the assessee has concealed the particulars of income while filing the return of income which attracts the penal provisions as per section 271(1)(c). As in response to the show cause notices issued by the Ld. AO, the assessee has neither filed any explanation nor appeared before the Ld. Revenue Authorities during the penalty proceedings. It is also found that the assessee has not furnished any reasonable cause either for non-filing of return of income or for non-appearance or non-furnishing of explanation during the assessment or penalty proceedings. Assessee has not filed her return of income u/s 139(1) of the Act but has filed in response to the notice U/s. 148 of the Act without considering the provisions of section 50C of the Act, which in our considered opinion amounts to concealment of income. Even before us, no proper explanation was provided by the assessee either for not filing the return of income or for non-appearance before the Ld. Revenue Authorities. Decided against assessee.
Issues:
Appeal against penalty order under section 271(1)(c) of the Income Tax Act, 1961 for Assessment Year 2011-12. Analysis: The case involved an appeal by the assessee against a penalty order under section 271(1)(c) of the Income Tax Act, 1961 for the Assessment Year 2011-12. The assessee, an individual, did not file her return of income for the said year despite having taxable income. The Assessing Officer (AO) initiated penalty proceedings for concealment of income, which was upheld by the Commissioner of Income Tax (Appeals) [CIT(A)-NFAC]. The Tribunal considered the case and the arguments presented. The Authorized Representative argued that the provisions of section 50C of the Act were applied by the AO, which was only an estimation and did not warrant penalty proceedings under section 271(1)(c). The Authorized Representative contended that the assessee did not conceal any income. On the other hand, the Departmental Representative argued that the assessee did not file the return of income, did not provide any explanation during penalty proceedings, and did not appear before the authorities. The Tribunal observed that the assessee did not file the return of income despite having taxable income and did not consider the provisions of section 50C of the Act while computing capital gains, which amounted to concealment of income. The Tribunal noted that the assessee did not provide any reasonable cause for non-filing of the return or non-appearance before the authorities. The Tribunal upheld the decision of the CIT(A)-NFAC, dismissing the appeal of the assessee and confirming the penalty imposed by the AO. The CIT(A)-NFAC's order was detailed and discussed various aspects of the case. The CIT(A)-NFAC considered the arguments presented by the appellant, including the contention that the notice under section 271(1) was ambiguous. The CIT(A)-NFAC referred to section 292B of the IT Act, which states that a defect in the notice does not invalidate the proceedings if they are in conformity with the Act's intent. The CIT(A)-NFAC also discussed case laws cited by the appellant but found them inapplicable to the current case. The CIT(A)-NFAC emphasized that the penalty order was based on the concealment of income, as established during the assessment proceedings and confirmed by the first appellate authority. The CIT(A)-NFAC concluded that the penalty imposed under section 271(1)(c) was justified due to the clear violation of section 50C of the Act and incorrect deductions claimed by the appellant. The CIT(A)-NFAC's order highlighted the AO's detailed discussion on the concealment of income and the lack of compliance by the appellant, leading to the confirmation of the penalty. Overall, the Tribunal, after considering the arguments, facts, and orders of the revenue authorities, upheld the penalty imposed under section 271(1)(c) on the assessee for concealment of income. The Tribunal found no merit in the grounds raised by the assessee and dismissed the appeal, affirming the decision of the CIT(A)-NFAC. The appeal was ultimately dismissed, and the penalty order was confirmed.
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