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2018 (3) TMI 71 - AT - Income TaxPenalty u/s 271(1)(c) - defective notice - non forming a charge against assessee - non recording of satisfaction - Held that - In the present case, it is noticed that the AO in the assessment order dated 29.12.2008, simply stated that the penalty proceedings u/s 271(1)(c) of the Act have been initiated separately. He did not mention as to whether the penalty proceedings were initiated for furnishing of inaccurate particulars of income or concealment of income, so, there was no satisfaction of the AO. Moreover, the estimated additions which were made by the AO were deleted by the ld. CIT(A) and the only addition sustained was on account of scrap sales which was disclosed by the assessee itself. From show cause notice it is not clear as to whether the penalty proceedings u/s 271(1)(c) of the Act were initiated by the AO on account of concealment of income or furnishing of inaccurate particulars of income. Therefore, charge framed was not clear. - Decided in favour of assessee.
Issues Involved:
1. Confirmation of penalty levied under section 271(1)(c) of the Income Tax Act, 1961. 2. Satisfaction recorded by the Assessing Officer (AO) regarding the initiation of penalty. 3. Whether the penalty was for "concealment of income" or "furnishing inaccurate particulars of income." Issue-wise Detailed Analysis: 1. Confirmation of Penalty Levied under Section 271(1)(c) of the Income Tax Act, 1961: The assessee's appeals for the assessment years 2001-02 to 2004-05 were directed against the orders dated 25.02.2016 of the CIT(A)-29, New Delhi. The primary grievance was the confirmation of a penalty of ?1,42,033/- levied by the AO under section 271(1)(c) of the Income Tax Act, 1961. The penalty was based on additions made during the assessment, particularly ?3,97,815/- related to scrap sales, which the assessee had disclosed during the assessment proceedings. 2. Satisfaction Recorded by the Assessing Officer (AO) Regarding the Initiation of Penalty: The assessee contended that the AO did not record any satisfaction in the assessment order regarding the levy of penalty under section 271(1)(c). The AO merely initiated penalty proceedings without specifying whether it was for "concealment of income" or "furnishing inaccurate particulars of income." The Delhi High Court in Madhu Shree Gupta (317 ITR 143) and the ITAT Delhi Bench in Global Green Co. Ltd. Vs. DCIT (ITA No. 1390/Del/2011) emphasized the necessity of recording satisfaction for initiating penalty proceedings. 3. Whether the Penalty was for "Concealment of Income" or "Furnishing Inaccurate Particulars of Income": The assessee argued that the non-inclusion of ?3,97,850/- in the return of income was a bona fide omission. The AO, however, imposed the penalty on this amount, which was upheld by the CIT(A). The assessee relied on various case laws, including CIT Vs Santosh Textiles (1997) 228 ITR 221 (Ker.) and CIT Vs Hind Rajasthan Construction Co. (1979) 116 ITR 304 (Bom.), to argue that the penalty was unjustified. The CIT(A) observed that the assessee did not disclose any income from the sale of scrap in the original or revised returns. The concealment was detected during the search, and thus, the AO rightly made the addition. The CIT(A) also noted that the issue of satisfaction was not raised before the AO during the penalty proceedings. The Tribunal found that the AO, in the assessment order, did not specify whether the penalty proceedings were for "furnishing inaccurate particulars of income" or "concealment of income." The show cause notice issued by the AO was also ambiguous, and the charge framed was not clear. The Tribunal referred to the Karnataka High Court's decision in CIT Vs M/s SSA’s Emerald Meadows, which held that the notice must specify the limb under which the penalty proceedings are initiated. The Tribunal concluded that the AO did not record the required satisfaction in the assessment order and the show cause notice was unclear. The penalty levied under section 271(1)(c) was deleted. Conclusion: The Tribunal allowed the assessee's appeals for the assessment years 2001-02 to 2004-05, deleting the penalties levied under section 271(1)(c) of the Income Tax Act, 1961. The decision emphasized the necessity of clear and specific satisfaction by the AO when initiating penalty proceedings.
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