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2020 (4) TMI 587 - AT - Income TaxPenalty u/s 271(1)(c) - Defective notice - provision for doubtful debts and the interest paid on TDS was not added back in the computation of income - HELD THAT - AO to assume jurisdiction u/s 271(1)(c), proper notice is necessary and the defect in notice u/s 274 of the Act vitiates the assumption of jurisdiction by the learned Assessing Officer to levy any penalty. In this case, notice issued u/s 274 read with 271 is defective and, therefore, we find it difficult to hold that the learned AO rightly assumed jurisdiction to pass the order levying the penalty. As a consequence of our findings above, we direct the Assessing Officer to delete the penalty in question. See M/S MANJUNATHA COTTON AND GINNING FACTORY OTHS., M/S. V.S. LAD SONS, 2013 (7) TMI 620 - KARNATAKA HIGH COURT and M/S SSA'S EMERALD MEADOWS 2016 (8) TMI 1145 - SC ORDER . AO to assume jurisdiction u/s 271(1)(c), proper notice is necessary and the defect in notice u/s 274 of the Act vitiates the assumption of jurisdiction by the learned Assessing Officer to levy any penalty. In this case, facts stated supra, clearly establish that the notice issued under section 274 read with 271 of the Act is defective - Decided in favour of assessee.
Issues:
1. Challenge against penalty order for concealment of income and furnishing of inaccurate particulars. 2. Claim of no concealment or inaccurate particulars by the assessee. 3. Legal principles regarding penalty proceedings under section 271(1)(c) of the Income Tax Act, 1961. 4. Analysis of relevant case laws and their impact on the penalty imposition. Issue 1: Challenge against penalty order for concealment of income and furnishing of inaccurate particulars. The appeal was filed against the penalty order dated 30.04.2014, where the Assessing Officer initiated penalty proceedings under section 271(1)(c) of the Income Tax Act, 1961, for concealment of income and furnishing of inaccurate particulars. The penalty amount levied was &8377; 3,74,596. Issue 2: Claim of no concealment or inaccurate particulars by the assessee. The assessee contended that there was no concealment of income or furnishing of inaccurate particulars. The company claimed that the provision for doubtful debts and interest paid on TDS were not added back in the computation of income due to a bona fide mistake and inadvertence. The assessee argued that all necessary particulars were disclosed in the ITR and financial statements. Issue 3: Legal principles regarding penalty proceedings under section 271(1)(c) of the Income Tax Act, 1961. The Tribunal analyzed the legal principles governing penalty proceedings under section 271(1)(c) based on relevant case laws. Citing the decisions of the Hon'ble Karnataka High Court and the Hon'ble Delhi High Court, the Tribunal emphasized that the notice issued under section 274 must specify whether the penalty proceedings are for concealment of income or furnishing of inaccurate particulars. Failure to do so renders the penalty order invalid. Issue 4: Analysis of relevant case laws and their impact on the penalty imposition. The Tribunal referred to the judgments in the cases of Manjunatha Cotton & Ginning Factory, SSA's Emerald Meadows, and Sahara India Life Insurance Co Ltd to support its decision. These cases highlighted that the initiation of penalty proceedings must align with the grounds specified in the notice. The Tribunal concluded that the defective notice issued by the Assessing Officer invalidated the assumption of jurisdiction to levy the penalty. Consequently, the Tribunal directed the Assessing Officer to delete the penalty imposed on the assessee. In conclusion, the appeal of the assessee was allowed, and the penalty order for concealment of income and furnishing of inaccurate particulars was set aside based on the defective notice issued by the Assessing Officer, as per the legal principles established in the relevant case laws. This summary provides a detailed analysis of the judgment, addressing each issue comprehensively and highlighting the key legal aspects and case law references involved in the decision.
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