RAIGARH NAGRIK SAHKARI BANK MARYADIT,RAIGARH(CG) vs. INCOME TAX OFFICER-1, RAIGARH, RAIGARH(CG)

PDF · subscribers
ITA 115/BIL/2017Status: DisposedITAT Raipur13 August 2021AY 2008-093 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal found merit in the assessee's plea, considering the smallness of the tax liability and the disproportionate penalty. The penalty was restricted to the extent of the fringe benefit tax involved.

What were the facts?

The assessee, a cooperative bank, failed to file its fringe benefit tax return on the due date. Upon notice from the AO, the return was filed, revealing a very small tax liability. The assessee argued that the penalty imposed for the delay was disproportionate to the tax involved.

What were the issues?

The primary issue was the justification of the quantum of penalty imposed under Section 271FB for delayed filing of the fringe benefit tax return, considering the small tax liability.

Which sections of the Income-tax Act were involved?

Section 271FB, Section 115WD

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “RAIPUR” BENCH, RAIPUR

Before: SHRI PRADIP KUMAR KEDIA & SHRI PAWAN SINGH

For Respondent: Shri Sanjay Kumar, DR

आदेश/O R D E R

PER PRADIP KUMAR KEDIA - AM:

1.

Both captioned appeals have been filed at the instance of the assessee against the separate orders of the Commissioner of Income Tax (Appeals), Bilaspur (‘CIT(A)’ in short), both dated 30.08.2016 arising in the separate penalty orders both dated 05.08.2014 passed by the Assessing Officer (AO) under s. 271FB of the Income Tax Act, 1961 (the Act) concerning AYs. 2008-09 & 2009-10.

& 117/RPR/2017 (Raigarh Nagrik Sahkari Bank Maryadit) A. Ys. 2008-09 & 2009-10 - 2 -

2.

The solitary issue in the appeal is justification on quantification of penalty imposed under s.271FB of the Act for delay in filing of return of fringe benefit tax as required under s.115WD (1) of the Act.

3.

As pointed on behalf of the assessee, the assessee is a Sahakari Bank diligently complying with the law. The assessee has by over sight failed to file the return of fringe benefit tax on due date. However, in response to notice issued by the AO under s.115WH of the Act, the assessee came forward and filed the return as called for. As per the return of fringe benefit, the tax liability stands at a very meager amount i.e. Rs.355/- for A.Y. 2008-09 and Rs.227/- for A.Y. 2009-10. It is the case of the assessee that having regard to smallness of the fringe benefit tax, the quantum of penalty imposed based on number of days is quite high and disproportionate to the quantum of default. It is thus contended that the penalty imposed under s.271FB of the Act be dropped having regard to the bonafide error or in the alternative be restricted to the extent of fringe benefit tax involved in the respective years in the light of decision of the co-ordinate bench in M/s Om Prakash Goyal & Company vs. ITO A.Y. 2006-07, order dated 19.12.2012.

4.

The learned DR for the Revenue, on the other hand, contended that the assessee is expected to file the return on due date, the failure of which, automatically attracts penalty under s.271FB of the Act on respective assessee.

5.

On an appraisal of the fact situation and having regard to the decision of the co-ordinate bench in similar facts, we find merit in the plea of the assessee for limiting the quantum of penalty to the & 117/RPR/2017 (Raigarh Nagrik Sahkari Bank Maryadit) A. Ys. 2008-09 & 2009-10 - 3 - extent of tax imposed by way of fringe benefit tax. Otherwise also, it is a case of highly disproportionate amount of penalty qua the corresponding tax involved. Such action belies the legislative intention behind such provision. Hence, the penalty imposed under s.271FB of the Act is restricted to the corresponding fringe benefit tax determined and payable under s.115WD of the Act.

6.

In the result, both the appeals of the assessee are partly allowed.

This Order pronounced in Open Court on 13/08/2021 Sd/- Sd/- (PAWAN SINGH) (PRADIP KUMAR KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER Raipur: Dated 13/08/2021 True Copy S. K. SINHA आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. राज�व / Revenue 2. आवेदक / Assessee 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त- अपील / CIT (A) 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, रायपुर / DR, ITAT, RAIPUR 6. गाड� फाइल / Guard file. By order,

Sr. Private Secretary ITAT, Raipur (on Tour)

Recent GST High Court judgments

Search GST case law →