2019 (7) TMI 83 - AT - Income Tax

Penalty u/s. 271(1)(c) - defective notice u/s 274 - non specification of charge - HELD THAT - We find that CIT(A) has reproduced the notice issued by the AO u/s. 274 r.w.s. 271(1) and in that notice, the AO has not struck down the irreverent portion and hence, the notice has not specified the charge of the AO as to whether the assessee is guilty of concealment of income or furnishing of inaccurate particulars of income. CIT Vs. Manjunatha Cotton and Ginning Factory 2013 (7) TMI 620 - KARNATAKA HIGH COURT it is noted by Hon'ble Karnataka High Court that the assessee should note the grounds which he has to meet specifically because otherwise, principle of natural justice is affected, and therefore, on the basis of such proceedings, no penalty should be imposed on the assessee. In view of this specific finding of Hon'ble Karnataka High Court in this case, merely this fact that in the penalty order, the AO has stated that assessee is guilty of both defaults will not improve the case of revenue because in the absence of clear charge of AO in the penalty notice issued by him u/s. 274 r.w.s. 271 of IT Act, this default of revenue regarding violation of principle of natural justice continues because in such a situation, the assessee does not know at that stage regarding the ground which he has to meet specifically. - decided against revenue.

Summary

Issues Involved:
1. Validity of the notice issued under section 271 r.w.s 274 of the IT Act.
2. Applicability of judgments cited by the revenue and assessee regarding the defect in the penalty notice.
3. Whether the penalty under section 271(1)(c) is justified.

Detailed Analysis:

Issue 1: Validity of the Notice Issued Under Section 271 r.w.s 274 of the IT Act
The primary issue revolves around whether the notices issued under section 271 r.w.s 274 were valid, given that they did not specify whether the penalty was for concealment of income or furnishing inaccurate particulars of income. The CIT(A) held that the notices were invalid as they did not clearly state the grounds for the penalty, following the judgment of the Hon'ble Karnataka High Court in the case of CIT Vs. Manjunatha Cotton and Ginning Factory, which mandates that the notice must specify the exact charge against the assessee. The Tribunal upheld this view, noting that the AO's failure to strike out the irrelevant portion of the notice resulted in a violation of the principles of natural justice, as the assessee was not informed of the specific grounds they needed to contest.

Issue 2: Applicability of Judgments Cited by Revenue and Assessee
- Judgment of Hon'ble Karnataka High Court in Manjunatha Cotton and Ginning Factory: The Tribunal found this judgment applicable, emphasizing that the notice must clearly state whether the penalty is for concealment of income or furnishing inaccurate particulars. The Tribunal noted that the AO's use of a standard proforma without specifying the charge was insufficient and violated natural justice principles.

- Judgment of Hon'ble Apex Court in Sundaram Finance Ltd. Vs. DCIT: The Tribunal distinguished this case, noting that the issue of a defective notice was not raised at earlier stages in that case, unlike the present case where it was raised before the CIT(A). Therefore, the Sundaram Finance judgment was deemed not applicable.

- Judgment of Hon'ble Apex Court in Sky Light Hospitality LLP Vs. ACIT: This case involved defects in reassessment notices, not penalty notices, and was deemed not applicable as it pertained to clerical errors in the name of the entity, which could be cured under section 292B of the IT Act.

- Judgment of Hon'ble Kerala High Court in Parisons Roller Flour Mills (P) Ltd. Vs. CIT: The Tribunal noted that the questions of law in this case did not address defects in penalty notices, making it irrelevant to the present issue.

Issue 3: Justification of Penalty Under Section 271(1)(c)
The Tribunal upheld the CIT(A)'s decision to delete the penalty, reiterating that the penalty proceedings were invalid due to the defective notice. The Tribunal emphasized that the AO's failure to specify the exact charge in the notice meant that the assessee was not given a fair opportunity to contest the penalty, violating principles of natural justice. The Tribunal concluded that the penalty could not be sustained based on such a defective notice, following the binding precedents set by the jurisdictional High Court and the Supreme Court.

Conclusion:
The Tribunal dismissed the appeals filed by the revenue, affirming the CIT(A)'s decision to set aside the penalty orders due to the invalidity of the notices issued under section 271 r.w.s 274. The Tribunal found that the defective notices violated the principles of natural justice, as they did not specify the exact charge against the assessee, thereby rendering the penalty proceedings unsustainable. The judgments cited by the revenue were found inapplicable to the present case. Consequently, the cross-objections filed by the assessee were dismissed as infructuous.