2022 (4) TMI 151 - AT - Income Tax

Penalty u/s. 271(1)(c) - Non specification of charge - defective notice u/s 274 - HELD THAT - Since the AO has not been specified u/s. 274 as to whether penalty is proposed for alleged 'concealment of income' OR 'furnishing of inaccurate particulars of such income', the penalty levied is hereby obliterated - Appeal of assessee allowed.

Summary

Issues:
1. Confirmation of penalty under section 271(1)(c) of the Income Tax Act, 1961.
2. Barred by limitation under section 275(a) of the Act.
3. Passing penalty order without proper satisfaction or specifying charge of default.
4. Confirmation of penalty without concealment or furnishing inaccurate particulars.
5. Allowability of expenses incurred outside India for charitable objects.
6. Additional grounds of appeal challenging the legality and jurisdiction of penalty order.
7. Acceptance of additional grounds by the Tribunal based on relevant case law.

Analysis:
1. The appeal challenged the confirmation of a penalty under section 271(1)(c) of the Income Tax Act, 1961. The appellant contended that the Commissioner of Income Tax (Appeals) erred in confirming the penalty without considering the specific grounds and limitations under the Act. The Tribunal found merit in the appellant's arguments and ruled in favor of the appellant.

2. The appellant raised concerns regarding the penalty order being barred by limitation under section 275(a) of the Act. The Tribunal analyzed the relevant provisions and concluded that the penalty order was indeed beyond the prescribed time limit, thereby supporting the appellant's contention.

3. Another issue raised was the lack of proper satisfaction or specification of the charge of default in the penalty order. The Tribunal noted that the penalty order did not clearly indicate whether it was for concealment of income or furnishing inaccurate particulars. Citing relevant case law, the Tribunal held that such ambiguity rendered the penalty order void ab initio.

4. The appellant disputed the confirmation of the penalty without any actual concealment or furnishing of inaccurate particulars. The Tribunal examined the facts and determined that the penalty was unjustified in the absence of concrete evidence of concealment or inaccuracies.

5. A significant issue involved the allowability of expenses incurred outside India for charitable purposes within India. The Tribunal acknowledged the legal and debatable nature of this issue, considering the divergent views among departmental authorities and the admission of substantial questions of law by higher courts. The Tribunal emphasized the complexity of the matter and the need for a thorough legal examination.

6. The appellant presented additional grounds challenging the legality and jurisdiction of the penalty order. The Tribunal accepted these additional grounds based on the principles outlined in relevant case law, emphasizing the broad powers of the Appellate Tribunal to consider new issues that arise during the appeal process.

7. Ultimately, the Tribunal ruled in favor of the appellant, highlighting various procedural and substantive flaws in the penalty proceedings. Citing precedents and legal principles, the Tribunal set aside the penalty order, emphasizing the importance of clarity, specificity, and adherence to statutory requirements in such matters.