2020 (2) TMI 321 - AT - Income Tax

Levy of penalty u/s 271(1(c) - search and seizure operation u/s 132 - assessee(s) offered additional income which includes undisclosed investment in hundies - alleged penalty notices issued u/s 274 of the Act no specific charge has been leveled against the assessee - HELD THAT - We observe that the facts of the case before the Hon ble jurisdictional High Court in the case of Kulwant Singh Bhatia 2018 (5) TMI 960 - MADHYA PRADESH HIGH COURT were almost identical issue penalties were also confirmed by the CIT(A) but were deleted by the Tribunal holding the same as not sustainable in law, as no specific charge was levied in penalty show cause notice. as no specific charge was levied in the penalty show cause notice. As notice issued u/s 274 r.w.s 271(1)(c) of the Act is suffering from serious technical error and non application of mind by Ld.A.O who failed to level specific charge on the assessee at the time of initiating penalty proceedings due to which the principle of natural justice seems not to have been followed. We accordingly allow the assessee s appeal on this legal ground and hold that the impugned penalty notices issued u/s 274 r.w.s. 271(1)(c) of the Act as invalid and untenable and thus deserves to be quashed which renders the penalty proceedings void ab intio. We therefore allow the common legal ground raised by the assessee in these bunch of five appeals challenging the legality of notice issued u/s 274 r.w.s. 271(1)(c) of the Act and accordingly direct the Ld.A.O to delete the penalty levied u/s 271(1)(c) - Decided in favour of assessee. Penalty u/s 271AAB - Defective notice - HELD THAT - Matter written in the body of the notice issued u/s 274 of the Act does not refer to the charges of provision of Section 271AAB of the Act makes the alleged notice defective and invalid and thus deserves to be quashed. Since the penalty proceedings itself has been quashed the impugned penalty in respect of Shri Hemant Kumar Jain and in respect of Shri Harsh Jain for Assessment Year 2014-15 and Assessment Year 2015-16 respectively stands deleted. We accordingly allow the legal ground raised by the assessee challenging the validity of notice issued u/s 274 r.w.s. 271AAB of the Act and quash the penalty proceeding as void ab intio.

Summary

Issues Involved:
1. Legality of penalty proceedings initiated under Section 271(1)(c) of the Income Tax Act.
2. Specificity of charges in the penalty notices issued under Section 274 read with Section 271(1)(c) and Section 271AAB.
3. Validity of penalty notices and adherence to principles of natural justice.
4. Application of precedents and judicial pronouncements in penalty cases.

Issue-wise Detailed Analysis:

1. Legality of Penalty Proceedings Initiated Under Section 271(1)(c):
The appeals concern the confirmation of penalties levied under Section 271(1)(c) for various assessment years. The primary argument by the assessee is that the penalty notices issued were not in accordance with the law, as they did not specify whether the penalty was for "concealment of income" or "furnishing inaccurate particulars of income." The Tribunal examined the notices and found that the Assessing Officer (A.O.) had not clearly specified the charge, thus failing to comply with the requirements of Section 271(1)(c). The Tribunal relied on several judicial precedents, including the Hon'ble Karnataka High Court's decision in CIT v. Manjunatha Cotton Ginning Factory and the Hon'ble Supreme Court's dismissal of the SLP in CIT v. SSA's Emerald Meadows, which held that vague notices are invalid.

2. Specificity of Charges in Penalty Notices:
The Tribunal observed that the penalty notices issued under Section 274 read with Section 271(1)(c) were defective as they did not strike off the irrelevant limb of the charge, i.e., whether the penalty was for "concealment of income" or "furnishing inaccurate particulars of income." This lack of specificity was deemed to violate the principles of natural justice. The Tribunal cited the Hon'ble Jurisdictional High Court's decision in Principal Commissioner of Income Tax v. Kulwant Singh Bhatia, which emphasized the need for clear and specific charges in penalty notices.

3. Validity of Penalty Notices and Adherence to Principles of Natural Justice:
The Tribunal held that the penalty notices issued were invalid due to their vague and non-specific nature. It was noted that the A.O. had used a standard proforma without applying mind to the specific facts of each case. The Tribunal reiterated that penalty proceedings are quasi-criminal in nature and must adhere to principles of natural justice, as held by the Hon'ble Supreme Court in Dilip N. Shroff v. JCIT.

4. Application of Precedents and Judicial Pronouncements:
The Tribunal extensively referred to various judicial pronouncements to support its findings. In addition to the cases mentioned above, the Tribunal also considered its previous decisions, such as the group appeals of Keti Sangam Infrastructure (I) Ltd. and others, and the case of Shri Varad Mehta, where similar issues were adjudicated. The Tribunal concluded that the penalty notices issued in the present cases suffered from serious technical errors and non-application of mind, rendering the penalty proceedings void ab initio.

Conclusion:
The Tribunal allowed the appeals of the assessee on the legal ground that the penalty notices issued under Section 274 read with Section 271(1)(c) were invalid due to lack of specificity and non-application of mind. Consequently, the penalties levied were directed to be deleted. The grounds raised on merits were dismissed as infructuous. The Tribunal also quashed the penalty proceedings under Section 271AAB for similar reasons, holding the notices to be defective and invalid. The revenue's appeal was dismissed as infructuous.

Order Pronounced:
The order was pronounced in the open Court on 05.02.2020.