M/S JILA SAHKARI KRISHI AUR GRAMIN VIKAS BANK MYDT.,HOSHAGABAD vs. THE ACIT RANGE, ITARSI
What did the Tribunal hold?
The Tribunal noted that the assessee did not appear for penalty proceedings and set aside the issue to the Assessing Officer for de novo adjudication. The assessee was directed to be compliant and provide necessary evidence and submissions.
What were the facts?
The assessee, a cooperative bank, declared a loss and made provisions for bad and doubtful debts and standard assets. The Assessing Officer disallowed these provisions and initiated penalty proceedings under Section 271(1)(c). The assessee did not appear for penalty proceedings, and the penalty was confirmed by the CIT(A).
What were the issues?
Whether penalty under Section 271(1)(c) is leviable when the disallowance pertains to a claim made under Section 36(1)(viia) and the assessee failed to appear during penalty proceedings.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Before: SHRI KUL BHARAT & SHRI MANISH BORAD
M/s Jila Sahkari ITA 105/2017
आयकर अपील�य अ�धकरण, इंदौर �यायपीठ, इंदौर IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER
ITA No.105/Ind/2017 Assessment Year: 2012-13
M/s Jila Sahkari Krishi & Asstt. Commissioner of Gramin Vikas Bank Vs. Income Tax, Circle Maryadit, Hoshangabad Range Itarsi (Appellant) PAN No.AAAAJ-1482A
Appellant by Shri Anil Khabya Respondent by Shri K.G. Goyal Date of Hearing 24.4.2018 Date of Pronouncement 27.4.2018
ORDER PER MANISH BORAD, AM.
This appeal filed by the assessee pertaining to Assessment
Year 2012-13 is directed against the order of ld. Commissioner of -
Income-tax (Appeals), Bhopal, dated 25.11.2016 which is arising
out of the order u/s 271(1)(c) of the Act(1)(c) of the Income Tax Act
dated 31.8.2015 framed by the ACIT, Range Itarsi.
M/s Jila Sahkari ITA 105/2017 2. The sole grievance of the assessee is against the order
of the learned Commissioner of Income Tax (Appeals) confirming the
penalty of Rs. 12 lacs u/s 271(1)(c) of the Act(1)(c) of the Act
imposed by the Assessing Officer towards disallowance of provision
for bad and doubtful debts at Rs. 41,30,455/- and disallowance of
provision for standard assets at Rs.1,85,865/-.
Briefly stated, the facts are that the assessee is a
district cooperative agricultural and rural development bank andit
declared loss of Rs. 7,08,37,442/- in the return of income filed on
26.9.2012. The assessment u/s 143(3) of the Act was completed on
9.2.2015 assessing the loss at Rs. 3,46,08,356/- after making
various disallowances totaling to Rs.3,62,29,086/- which, inter alia,
included disallowance of provision for bad and doubtful debts and
provision for standard assets at Rs.41,30,455/- and Rs.1,85,865/-.
Subsequently the Assessing Officer initiated penalty proceedings
u/s 271(1)(c) of the Act. None attended on behalf of the assessee
during penalty proceedings u/s 271(1)(c) of the Act(1)(c) of the Act.
The Assessing Officer accordingly computed the penalty at Rs. 12
lacs on the disallowance as referred to above at Rs. 43,16,320/-.
M/s Jila Sahkari ITA 105/2017 4. Aggrieved, the assessee preferred appeal before the learned
Commissioner of Income Tax (Appeals) but failed to succeed as the
learned Commissioner of Income Tax (Appeals) was of the view that
as the assessee has not appealed against the order of the Assessing
Officer passed u/s 143(3) of the Act it connotes that the assessee
has accepted that it is not covered by the provisions of section
36(1)(viia) of the Act which allowed certain categories of the
assessees engaged in banking business for making provisions for
bad and doubtful debts and standard assets.
Now the assessee is in appeal before the Tribunal.
At the outset of the hearing, the learned counsel for the
assessee submitted that the alleged disallowances for bad and
doubtful debts and provision for standard assets were duly reflected
in the return of income and it is not the case of furnishing
inaccurate particulars of income or concealment of particulars of
income. He submitted that the assessee was not able to appear
before the Assessing Officer for unavoidable reasons and, therefore,
requested that the issue may be remitted back to the file of the
M/s Jila Sahkari ITA 105/2017 Assessing Officer for de novo adjudication. The learned DR raised
no objection to this plea of the assessee.
We have heard the rival contentions and perused the
record placed before us. The grievance of the assessee is against
finding of the learned Commissioner of Income Tax (Appeals)
confirming the action of the Assessing Officer levying penalty of Rs.
12 lacs u/s 271(1)(c) of the Act for disallowance of provision of bad
and doubtful debts and disallowance of provision for standard
assets at Rs. 41,30,455/- and Rs. 1,85,865/-, respectively. Perusal
of record shows that during penalty proceedings the assessee made
no submissions and failed to appear before the Assessing Officer to
plead its case. It is also discernible from record that the alleged
disallowances are in the nature of claims made by the assessee
under the provisions of section 36(1)(viia) of the Act. The case is
purely of the nature that the claim has been made by the assessee
which was denied by the Assessing Officer. It is also evident from
records that the assessee has not filed appeal before the learned
Commissioner of Income Tax (Appeals) against the disallowances
made by the Assessing Officer u/s 143(3) of the Act as there was
M/s Jila Sahkari ITA 105/2017 huge loss and even the assessed income was a loss. However,
looking to the fact that none attended on behalf of the assessee
during the penalty proceedings u/s 271(1)(c) of the Act(1)(c) of the
Act, we, in the interest of justice and to give a fair chance to the
assessee, set aside the issue to the file of the Assessing Officer for
de novo adjudication and also direct the assessee to be compliant
and not to take unnecessary adjournment and also direct it to file
necessary evidence and submissions in support of its claim.
In the result, the appeal is allowed for statistical purposes.
The order pronounced in the open Court on 27.4.2018.
sd/- sd/-
( KUL BHARAT) (MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER �दनांक /Dated : 27 April, 2018 Copy to: The Appellant/Respondent/CIT concerned/CIT(A) concerned/ DR, ITAT, Indore/Guard file. By order Private Secretary/DDO, Indore
Date of dictation : 8.2.2018
M/s Jila Sahkari ITA 105/2017 2. Date on which the typed draft is placed before the Dictating Member : 9.2.2018 3. Date on which approved draft comes to the Sr.P.S./P.S: 4. Date on which the fair order is placed before the dictating Member for pronouncement: 5. Date on which the fair order comes back to the Sr.P.S./P.S.: 6. Date on which the file goes to the Bench Clerk: 7. Date on which the file goes to the Head Clerk: 8. The date on which the file goes to the Assisstant Registrar for signature of the order. 9. Date of Despatch of the Order:
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