2019 (5) TMI 1321 - AT - Income Tax

Penalty u/s 271(1)(c) - AO had not struck off the relevant column of the show cause notice - HELD THAT - AO had not struck off the relevant column of the show cause notice cannot be a valid reason for deletion of the penalty u/s.271(1) (c) of the Act We are of the considered opinion that ld.CIT(A) ought not have deleted the penalty based on the decision of Manjunatha Cotton and Ginning Factory 2013 (7) TMI 620 - KARNATAKA HIGH COURT and therefore we remand the matter back to the ld. Commissioner of Income Tax (Appeals) for adjudication of the appeal on merits. Appeal of the Revenue is partly allowed for statistical purpose.

Summary

Issues:
- Appeal against deletion of penalty under section 271(1)(c) of the Income Tax Act, 1961 for the Assessment year 2014-15.
- Validity of penalty order based on technical grounds.
- Application of the decision in the case of CIT vs. Manjunatha Cotton and Ginning Factory, 359 ITR 565.
- Interpretation of Section 292B regarding validity of notice in penalty proceedings.

Analysis:
1. Deletion of Penalty: The appeal was filed by the Revenue against the deletion of penalty under section 271(1)(c) of the Income Tax Act for the Assessment year 2014-15. The Commissioner of Income Tax (Appeals) deleted the penalty on the technical ground that the Assessing Officer had not struck off the relevant column of the show cause notice, citing the decision of the Karnataka High Court in the case of CIT vs. Manjunatha Cotton and Ginning Factory, 359 ITR 565.

2. Validity of Penalty Order: The issue revolved around whether the penalty order could be invalidated due to the Assessing Officer not striking off the relevant column of the show cause notice. The Tribunal referred to a previous decision where it was held that the failure to tick off the column did not invalidate the penalty proceedings. The Tribunal emphasized that the assessee had not raised any complaint of violation of natural justice principles during the penalty proceedings.

3. Application of Legal Precedents: The Tribunal analyzed the applicability of legal precedents, including the decision in the case of CIT vs. Manjunatha Cotton and Ginning Factory, and the interpretation of Section 292B of the Income Tax Act. The Tribunal noted that the failure to strike off a column in the notice did not automatically invalidate the penalty proceedings, especially when the assessee had participated in the proceedings without raising objections.

4. Remand of the Matter: Ultimately, the Tribunal held that the Commissioner of Income Tax (Appeals) should not have deleted the penalty solely based on the technical ground related to the show cause notice. The matter was remanded back to the Commissioner of Income Tax (Appeals) for further adjudication on the merits of the case, emphasizing the need to consider the substantive aspects of the penalty imposition.

5. Conclusion: The appeal of the Revenue was partly allowed for statistical purposes, and the Tribunal's decision highlighted the importance of considering the substantive merits of penalty imposition rather than solely focusing on technical grounds related to the show cause notice.

This detailed analysis of the judgment provides insights into the legal reasoning behind the decision and the considerations taken into account by the Tribunal in addressing the issues raised in the appeal.