SFS FIRE &SECURITY P.LTD,NEW DELHI vs. DCIT, CIRCLE-23(2), NEW DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the payment was made for labour charges and material at various project sites due to commercial expediency and the nature of the business. Therefore, the assessee had neither filed inaccurate particulars nor concealed income.
What were the facts?
The assessee made a cash payment of Rs. 3.90 lacs against a single voucher, which was disallowed by the AO for contravening Section 40A(3). Subsequently, penalty proceedings were initiated for furnishing inaccurate particulars and concealment of income.
What were the issues?
Whether penalty under Section 271(1)(c) is leviable for a disallowance made under Section 40A(3) on account of cash payments, when the breach is considered technical and for commercial expediency.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘G’, NEW DELHI
Before: SH. N. K. BILLAIYA & MS. ASTHA CHANDRA
This appeal filed by the assessee is preferred against the order of the CIT(A)-8, New Delhi dated 21.08.2018 for A.Y.2014-15.
The solitary grievance of the assessee is that the CIT(A) erred in confirming the penalty of Rs.126536/- levied by the AO u/s. 271 (1) (c) of the Act.
The roots for the levy of penalty lie in the assessment order dated 28.10.2016 framed u/s. 143 (3) of the Act.
During the course of the scrutiny assessment proceedings and on verification of ledger accounts and bills of miscellaneous expenses the AO noticed that the assessee has made a payment of Rs.3.90 lacs in cash against a single voucher No.3862 on 19.03.2014. The assessee was asked to show cause why the same should not be disallowed as the payment has been made in contravention to the provision of section 40 A (3) of the Act. On receiving no plausible reply the AO disallowed Rs. 3.90 lacs and separately initiated penalty proceedings for furnishing of inaccurate particulars of income and concealment of income.
During the course of the penalty proceedings the assessee contended that the disallowance has been made on technical reasons and pointed out that breach in question was technical/ venial in nature and, therefore, no penalty should be levied. It was further explained that the amount of Rs. 3.90 lacs was withdrawn from the bank for the various payments which were debited under the head miscellaneous expenditure.
The reply of the assessee did not find favour with the AO who proceeded by levying penalty of Rs.126536/-.
The assessee carried the matter before the CIT(A) but without any success.
None appeared on behalf of the assessee inspite of the notice we decided to proceed exparte.
The DR was heard at length. The DR placed strongly reliance on the order of the AO/ CIT(A).
We have carefully perused the orders of the authorities below. The undisputed fact is that the assessee has made payments to various labours by a single voucher. It is an admitted fact that the assessee is engaged in the business of supplies of Fire Safety Systems to customers of who are into business of energy sector. We find that the AO raised querry vide order sheet entry dated 24.10.16 and framed the assessment order on 28.10.2016. The assessee could not collect the vouchers from its various sites where the expenses were incurred on account of labour charges, purchase of material etc. We find that the nature of assessee’s business is labour oriented work, purchase of consumable and other petty expenses at the sites where the jobs are executed. For execution of said jobs cash amount is required which is made available from the head office to the different sites for need based requirement which is commercial expediency.
In our understanding of the facts we are of the considered opinion that the assessee has neither filed inaccurate particulars nor has concealed income. We, therefore, do not find this to be a fit case for the levy of penalty u/s. 271 (1) (c) of the Act. We accordingly direct the AO to delete the penalty of Rs.126536/-.
In the result, the appeal filed by the assessee is allowed.
Decision announced in the open court in the presence of Ld. Sr. DR.
More judgments on Section 40A(3)
- Rekha Agarwal, Jaipur vs ITO WD 4(1), JaipurITA 844/JPR/2025[2021-22]Status: Disposed21 Oct 2026AY 2021-22
- Infra Developers, Shivpuri vs Income Tax Officer, AshoknagarITA 454/AGR/2026[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Saiyed Zaharul Alam, Murshidabad vs I.T.O., Ward - 42(1), MurshidabadITA 2233/KOL/2026[2013-2014]Status: Disposed16 Oct 2026AY 2013-2014
- M/S Sadana Electric Store, Lucknow vs DCIT Range-6, LucknowITA 283/LKW/2024[2014-15]Status: Disposed30 Sept 2026AY 2014-15
- Nagendra Prasad, Patna vs ITO Ward -5(3) Patna, Dak BanglowITA 362/PAT/2026[2016-17]Status: Disposed29 Sept 2026AY 2016-17
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