2019 (2) TMI 994 - AT - Income Tax

Penalty u/s 271(1)(c) - Held that - It is an admitted fact that the Tribunal has restored the quantum appeal to the file of the Assessing Officer for fresh adjudication. Therefore, the very basis on which penalty was levied does not survive. Therefore, penalty levied by the Assessing Officer and sustained by the CIT(A) is liable to be cancelled. We accordingly direct the Assessing Officer to cancel the penalty so levied u/s 271 (1) (c) of the IT Act. However, the Assessing Officer is at liberty to initiate fresh penalty proceedings after the order is passed by him in the light of the direction of the Tribunal.

Summary

Issues:
Levy of penalty under section 271(1)(c) of the Income Tax Act.

Analysis:
The appeal was filed against the order of the CIT(A) regarding the assessment year 2008-09. The only issue raised was the penalty of ?6 lacs imposed by the Assessing Officer under section 271(1)(c) of the Act, which was upheld by the CIT(A). The Assessing Officer completed the assessment, determining the total income at ?18,98,109, as opposed to the returned income of ?35,580. The Ld. Counsel for the assessee argued that the Tribunal had set aside the quantum appeal for other assessment years, which led to the penalty being based on incorrect grounds. The Ld. DR agreed that the issue should be sent back to the Assessing Officer for fresh adjudication.

The Tribunal considered the arguments and orders of the lower authorities. It noted that the Tribunal had already sent the quantum appeal back to the Assessing Officer for reassessment. As the basis for the penalty no longer existed due to the Tribunal's decision, the penalty imposed by the Assessing Officer and upheld by the CIT(A) was deemed invalid. Consequently, the Tribunal directed the Assessing Officer to cancel the penalty under section 271(1)(c) of the IT Act. However, the Assessing Officer was permitted to initiate fresh penalty proceedings based on the Tribunal's directions once the reassessment was completed. Thus, the appeal of the assessee was allowed, and the penalty was canceled.

In conclusion, the Tribunal found in favor of the assessee, canceling the penalty imposed by the Assessing Officer under section 271(1)(c) of the IT Act. The decision was based on the fact that the grounds for the penalty had been set aside by the Tribunal for reassessment, rendering the original penalty invalid.