TRUE BLUE FINLEASE LTD.,NEW DELHI vs. DCIT, CC- 29, NEW DELHI

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ITA 4016/DEL/2017Status: DisposedITAT Delhi23 September 2021AY 2008-094 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the penalty notice was bad in law as it did not clearly specify the limb of Section 271(1)(c) under which the penalty was being levied. Following jurisdictional High Court decisions, the penalty was quashed.

What were the facts?

The assessee appealed against a penalty order. The primary contention was that the notice issued under Section 274 read with Section 271(1)(c) was vague and did not specify whether the penalty was for concealment of income or furnishing inaccurate particulars.

What were the issues?

Whether a penalty notice under Section 274 is valid if it does not specify whether the penalty is for concealment of income or furnishing inaccurate particulars of income.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 274

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(3)Show list

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Income Tax Appellate Tribunal, DELHI BENCH ‘G’, NEW DELHI

Before: Sh. Kul BharatDr. B. R. R. Kumar

For Appellant: Ms. Gunjan Jain, CA
Hearing: 26.07.2021Pronounced: 23.09.2021

Per Dr. B. R. R. Kumar, Accountant Member:

1.

The present appeal has been filed by the assessee against the order of ld. CIT (A)-30, New Delhi dated 22.03.2017.

2.

Following additional grounds have been raised by the assessee:

“1. Under the facts and the circumstances of the case, the order of penalty passed under section 271(1)(c) of the Act is bad in law as the notice issued under section 274 read with section 271 of the Act is not discernable as to whether the penalty proceedings is initiated for furnishing of inaccurate particulars of income or concealment of income and therefore, the impugned penalty order deserves to be cancelled.”

2 True Blue Finlease Ltd. 3. Keeping in view the legal issue involved, the additional grounds are here by admitted.

4.

At the outset, the Ld. AR argued that the notice issued was bad in law and void ab initio as the notice prima facie did not satisfy the condition as to which limb of section 271(1)(c) the penalty has been levied either concealed income or furnished inaccurate particulars of income. It was argued that that it is elementary that for assuming valid jurisdiction to impose penalty, the assessing officer must, first be satisfied, though prima facie, that the assessee has either “concealed income” or furnished “inaccurate particulars of income” and on the basis of such satisfaction a show cause notice has to be issued under section 274 of the Act to the assessee specifying the addition/ disallowance in respect of which penalty is sought to be imposed and also the precise charge/ ground on which penalty is proposed to be imposed thereon. It was argued that notice issued under section 274 should specifically state the grounds mentioned in section 271(1)(c), i.e., whether it is for ‘concealment of income’ or for ‘furnishing of incorrect particulars of income’. Sending printed form, where both the grounds mentioned in section 271 of the Act are mentioned, does not satisfy requirement of law.

5.

Ld. DR argued that the assessed was well aware of the reason of levy of penalty and has indeed replied to the show cause notice.

6.

We have gone through the penalty notice issued by the Assessing Officer and find that the penalty notice does not specify whether the penalty was proposed for concealment of 3 True Blue Finlease Ltd. particulars of income or for furnishing inaccurate particulars of such income in terms of provisions of Section 271(1)(c).

7.

The Karnataka High Court in the case of CIT vs. Manjunatha Cotton and Ginning Factory: 359 ITR 565 held that notice under section 274 should specifically state the grounds mentioned in section 271(1)(c) of the Act, i.e., whether it is for concealment of income or for furnishing of incorrect particulars of income. Sending printed form where all the grounds mentioned in section 271 are mentioned would not satisfy requirement of law.

8.

The jurisdictional Delhi High Court in the case of PCIT vs. Sahara India Life Insurance Co. Ltd. in of 2019, reiterated that notice under section 274 should specifically state the grounds on which penalty was sought to be imposed as the assessee should know the grounds which he has to meet specifically.

9.

The aforesaid principle has been reiterated in the in the case of CIT vs. SSA'S Emerald Meadows: 73 taxmann.com 241 (Kar.) [Revenue’s SLP dismissed in 242 Taxman 180]

10.

In the present case, too, in notice dated 29.12.2006 and on 23.12.2011 issued under section 274 read with section 271 of the Act, initiated penalty against the appellant for alleged ‘concealment of income or furnishing of inaccurate particulars of such income’, that is to say, the specific default was not specified by the assessing officer in the notice issued.

4 True Blue Finlease Ltd. 11. Hence, respectfully following the order of the Jurisdictional High Court, since the notice u/s 274 has not been specified 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.

12.

In the result, the appeal of the assessee is allowed. Order Pronounced in the Open Court on 23/09/2021.

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