2024 (1) TMI 1178 - AT - Income Tax

Penalty levied u/s. 271 (1)(c) - addition was on account of valuation of stock - HELD THAT - Since this Tribunal has set aside the issue for fresh consideration. We deem it fit to restore the issue relating to the levy of penalty to the files of the AO with a direction to decide the levy or otherwise of the penalty after deciding the quantum as per the directions of this Tribunal in 2019 (3) TMI 1597 - ITAT DELHI Disallowance u/s. 14A - As assessee made suo motu disallowance under section 14A, but, assessing officer did not record any satisfaction as to how the disallowance made by the assessee was unreasonable or unsatisfactory. In the absence of any satisfaction recorded u/s 14A of the Income Tax Act, no disallowance could be made against assessee. Further, assessee has own sufficient funds to make investment, therefore, there is a presumption in favour of the assessee that assessee has used own funds to make investment in shares. Therefore, no addition under section 14A of the nature could be made against the assessee -. Since the addition has been deleted the penalty has no legs to stand. To this extent no penalty is leviable. Appeal of the revenue is partly allowed for statistical purpose.

Issues involved:
1. Deletion of penalty under section 271(1)(c) of the Act.
2. Disallowance of Rs. 5,31,64,777/- on account of valuation of stock.
3. Disallowance of Rs. 56,68,397 made under section 14A of the Act.

Issue 1: Deletion of penalty under section 271(1)(c) of the Act
The roots for the levy of penalty were in the assessment order framed under section 147 r.w.s 143(3) of the Act. The Tribunal considered the additions made by the AO, including the first addition concerning the valuation of stock. The Tribunal set aside this issue for fresh consideration, directing the AO to decide the levy of penalty after deciding the quantum as per the Tribunal's directions.

Issue 2: Disallowance of Rs. 5,31,64,777/- on account of valuation of stock
The Tribunal noted a fall in export sales in the relevant assessment year compared to the preceding year. The assessee explained that due to the poor export market conditions, the stock did not meet foreign buyers' standards, leading to deterioration. The Tribunal observed that the matter required reconsideration by the assessing officer, especially as the issue had been restored for examination. The Tribunal set aside the previous orders and directed the assessee to produce necessary documents for the assessing officer's reconsideration.

Issue 3: Disallowance of Rs. 56,68,397 made under section 14A of the Act
The Tribunal found that the assessee had made a suo motu disallowance under section 14A, but the assessing officer did not provide any reasons for deeming the disallowance unreasonable. As the assessing officer did not record any satisfaction regarding the disallowance, the Tribunal concluded that no disallowance could be made against the assessee. Since the addition was deleted, the Tribunal held that no penalty was leviable in this regard.

The Tribunal partially allowed the revenue's appeal for statistical purposes, emphasizing that the penalty was not sustainable due to the deletion of the additions. The order was pronounced in the open court on 17.11.2023.

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