2019 (12) TMI 605 - AT - Income Tax

Penalty u/s 271(1)(c) - Non specify the particular charge of concealment or furnishing inaccurate particulars of such income - HELD THAT - From the perusal of the notice issued u/s 274 r.w.s. 271 of the Income Tax Act, 1961, it can be seen that the notice did not specify which limb of section 271(1)(c) has been taken into account while passing penalty order. In fact, the Assessing Officer proceeded on the basis of concealment of income to the extent of ₹ 63,33,260/- which was confirmed by the appellate authorities i.e. by the CIT(A) as well as by the Tribunal in quantum appeal. Overall addition of ₹ 1,58,92,460/- has not been taken into account as a concealment by the Revenue authorities. The concealment cannot be in part when the addition was made in totality without any specific limb mentioned in Section 271(1)(c) which is now deleted in part by the appellate authorities. Therefore, this issue is debatable issue. Further, when the notice is not mentioning the concealment or the furnishing of inaccurate particulars, the ratio laid down by the Hon ble High Court in case of M/s. Sahara India Life Insurance Company Ltd. 2019 (8) TMI 409 - DELHI HIGH COURT will be applicable in the present case - thus in the present case which limb of Section 271(1)(c) has been invoked by the revenue authorities is not clear penalty cannot be imposed - Decided in favour of assessee.

Summary

Issues:
1. Validity of penalty order under section 271(1)(c) of the Income Tax Act, 1961.
2. Specificity of charges in penalty notice under section 271(1)(c).
3. Justification of penalty for furnishing inaccurate particulars of income.
4. Application of legal principles in penalty proceedings.

Analysis:

1. The appeal was filed against the order passed by the Commissioner of Income Tax (Appeals) for Assessment Year 2008-09 regarding the validity of the penalty order under section 271(1)(c) of the Income Tax Act, 1961. The appellant contended that the penalty order was time-barred as per section 275 of the Act. The issue of limitation being a legal ground was raised, emphasizing that the penalty order was passed after the expiry of the specified period. The Appellate Tribunal noted the importance of adjudicating on the issue of limitation.

2. The appellant challenged the confirmation of penalty under section 271(1)(c) without specific charges of concealment or furnishing inaccurate particulars of income in the penalty notice. It was argued that the notice did not specify the particular charge, rendering it invalid and void-ab-initio. Citing legal precedents, the appellant highlighted the necessity of recording specific satisfaction for imposing penalties under the Act. The pending issue of disallowance further supported the argument against the penalty order.

3. The issue of confirming a penalty of a specific amount on the grounds of furnishing inaccurate particulars was raised. The appellant contested the penalty, stating that the pending issue of disallowance before the High Court did not establish concealment or furnishing of inaccurate particulars. Mere additions or disallowances were deemed insufficient grounds for imposing penalties without a definitive finding on concealment or inaccuracies in income particulars.

4. The Tribunal analyzed the legal aspects of the case, considering the lack of specificity in the penalty notice regarding the charges under section 271(1)(c). Referring to relevant judgments, the Tribunal emphasized the necessity of clearly specifying the grounds for penalty imposition. The Tribunal differentiated cases where both limbs of section 271(1)(c) were present from the present case, where the invoked limb was unclear. Relying on legal principles, the Tribunal allowed the appeal, highlighting the importance of adherence to legal procedures in penalty proceedings.

In conclusion, the Tribunal allowed the appeal, emphasizing the significance of complying with legal requirements in penalty proceedings and the necessity of clearly specifying charges in penalty notices under section 271(1)(c) of the Income Tax Act, 1961.