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2020 (2) TMI 880 - AT - Income TaxPenalty u/s.271-C - non deduction of TDS on Leave Travel Allowance (LTA) - reasonable cause for the failure - HELD THAT - The facts of the case of the Assessee in these appeals is identical to the case decided in the case of State Bank of India 2019 (1) TMI 145 - ITAT JAIPUR and therefore the ratio laid down therein will squarely apply to the facts of the Assessee s case and therefore following the ratio laid down therein, the penalty imposed is liable to be cancelled. In the case of Ankita Electronics Pvt. Ltd . 2015 (3) TMI 1029 - KARNATAKA HIGH COURT had an occasion to deal with issue whether penalty can be levied when quantum proceedings are pending in the Hon ble High Court and substantial question of law is framed for consideration by the High court on the default which is the basis for initiating penalty proceedings and held that when the additions in respect of which penalty under Section 271(1)(c) of the Act was levied, are challenged in appeal before High Court and when High Court has admitted for consideration the correctness of such addition then it means that the additions made were debatable and would lead credence to the bonafides of the assessee and in such circumstances imposition of penalty was not proper and was rightly deleted by the Tribunal. We are of the view that levy of penalty u/s.271C cannot be sustained and the same is directed to be deleted. - Decided in favour of assessee.
Issues Involved:
1. Validity of imposition of penalty on the Assessee under Section 271-C of the Income Tax Act, 1961. 2. Whether there was a reasonable cause for the Assessee's failure to deduct tax at source on LTA reimbursement. 3. Impact of High Court admitting a substantial question of law on the imposition of penalty. Detailed Analysis: 1. Validity of Imposition of Penalty under Section 271-C: The appeals concern the imposition of penalties under Section 271-C of the Income Tax Act, 1961, on two branches of a nationalized bank for the assessment years 2011-12 to 2013-14. The core issue is the failure to deduct tax at source on Leave Travel Allowance (LTA) reimbursements for journeys that included travel outside India. The Assessee believed that if the destination was within India, the LTA was exempt from tax, regardless of any en-route travel outside India. The Revenue, however, held that tax should have been deducted at source for such reimbursements, leading to the Assessee being treated as in default under Sections 200(1) and 200(1A) of the Act, and liable for penalties under Section 271-C. 2. Reasonable Cause for Failure to Deduct Tax: Section 273B of the Act provides that no penalty shall be imposed if the Assessee proves there was a reasonable cause for the failure to deduct tax. The Assessee argued that their failure was based on a reasonable belief regarding the tax exemption of LTA. The Tribunal referred to the Hon'ble Supreme Court's decision in the case of Commissioner of Income Tax, New Delhi Vs. M/s Eli Lilly & Company (India) Pvt. Ltd., which emphasized that penalties under Section 271C are not automatic and can be waived if there is a reasonable cause. Similarly, the Karnataka High Court in The Commissioner of Income Tax Vs. The Rajajinagar Co-operative Bank Limited held that a bona fide mistake constitutes a reasonable cause, especially when the Assessee promptly rectifies the error upon being pointed out. 3. Impact of High Court Admitting a Substantial Question of Law: The Assessee also contended that the admission of a substantial question of law by the High Court in quantum proceedings indicates that the issue is debatable, thereby precluding the imposition of penalties. The Tribunal cited the Karnataka High Court’s decision in CIT Vs. Ankita Electronics Pvt. Ltd., which held that the admission of a substantial question of law by the High Court lends credence to the bona fides of the Assessee, making the imposition of penalties inappropriate. Tribunal's Conclusion: The Tribunal found the facts of the case to be identical to those in the ITAT Jaipur Bench decision in State Bank of India Vs. ACIT, where the penalty under Section 271C was deleted due to the Assessee's reasonable cause for non-deduction of tax. The Tribunal noted that the Assessee had a consistent practice of considering LTA as exempt and took corrective measures once the issue was clarified by the tax authorities. Given the reasonable cause demonstrated by the Assessee and the pending substantial question of law in the High Court, the Tribunal directed the cancellation of the penalty imposed under Section 271C. Final Order: The appeals were allowed, and the penalties imposed under Section 271C were directed to be deleted. The Tribunal emphasized that the imposition of penalties was not justified given the reasonable cause and the pending substantial question of law in the High Court. The decision was pronounced in the open court on February 12, 2020.
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