2020 (5) TMI 383 - AT - Income Tax

Penalty u/s 271(1)(c) - non recording of satisfaction - HELD THAT - AO did not record his satisfaction for initiation of penalty proceedings because while passing the assessment order passed u/s.143(3) of the I.T. Act the AO has stated that Penalty proceedings u/s. 274 read with section 271(1)(c) has been issued separately for concealment of income and furnishing of inaccurate particulars of such income which is not sufficient and therefore the penalty proceedings cannot be said to be validly initiated under such circumstances - nowhere in the assessment order states the specific charge of alleged concealment and / or furnishing of inaccurate particulars of income. Similarly in the penalty order passed u/s. 271(1)(c) the Dy. Commissioner of Income Tax Circle-1 Ghaziabad has mentioned that it is a case of deliberate concealment of income by furnishing inaccurate particulars. Therefore penalty u/s. 271(1)(c) is clearly attracted in this case which is not sufficient to levy the penalty in dispute. Therefore the entire penalty proceedings stand vitiated because it is not in accordance with law in view of the law settled in case CIT Anr. Vs. M/s SSA s Emerald Meadows 2015 (11) TMI 1620 - KARNATAKA HIGH COURT - Decided in favour of assessee.

Summary

Issues:
1. Valid initiation of penalty proceedings by the Assessing Officer.
2. Specific charge of alleged concealment or furnishing inaccurate particulars of income.
3. Compliance with legal requirements for levy of penalty under section 271(1)(c) of the Income Tax Act, 1961.
4. Applicability of relevant case laws in determining the validity of penalty proceedings.

Issue 1: Valid Initiation of Penalty Proceedings:
The appellant challenged the initiation of penalty proceedings by the Assessing Officer (AO), claiming that the AO did not record satisfaction for initiating the penalty proceedings. The AO's assessment order did not specify the charge of alleged concealment or furnishing of inaccurate particulars of income. The penalty order also lacked clarity on the specific charge. The Tribunal found that the penalty proceedings were not validly initiated as required by law, rendering them vitiated.

Issue 2: Specific Charge of Alleged Concealment or Inaccurate Particulars:
The appellant argued that the penalty proceedings lacked a specific charge related to concealment or furnishing inaccurate particulars of income. The Tribunal noted that both the assessment order and the penalty order did not clearly mention the specific charge, leading to a lack of valid initiation of penalty proceedings under section 271(1)(c) of the Income Tax Act, 1961.

Issue 3: Compliance with Legal Requirements for Penalty Levy:
The appellant contended that the penalty levy was not in accordance with law due to the absence of a clear direction under section 271(1)(c) for the levy of penalty. The Tribunal observed that the penalty proceedings were not initiated as per the legal requirements, as highlighted by relevant case laws such as CIT vs. SSA's Emerald Meadows. The Tribunal concluded that the penalty proceedings were not valid and therefore canceled the penalty in dispute.

Issue 4: Applicability of Relevant Case Laws:
Both parties cited various case laws to support their arguments regarding the validity of the penalty proceedings. The Tribunal considered the precedents, including decisions by the Karnataka High Court and the Supreme Court of India, which emphasized the necessity of specifying the charge of concealment or furnishing inaccurate particulars of income for valid initiation of penalty proceedings. The Tribunal relied on these case laws to delete the penalty and rule in favor of the assessee.

In conclusion, the Tribunal found that the penalty proceedings were not validly initiated, lacked a specific charge, and did not comply with legal requirements, leading to the cancellation of the penalty in dispute. The decision was based on the applicability of relevant case laws emphasizing the importance of clarity in initiating penalty proceedings under section 271(1)(c) of the Income Tax Act, 1961.