SRI RAMANA HEAVY ENGINEERING PVT LTD,CHENNAI vs. ACIT CORPORATE CIRCLE-6(4), CHENNAI
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 since the assessee paid the self-assessment tax within six months of filing the return and produced the challan, the penalty levied under section 221(1) is liable to be deleted.
What were the facts?
The assessee failed to pay self-assessment tax of Rs. 6,03,972/- at the time of filing the return of income for AY 2010-11. The Assessing Officer levied a penalty of Rs. 1,50,000/- under section 221(1) for this failure.
What were the issues?
Whether penalty under section 221(1) is leviable for non-payment of self-assessment tax at the time of filing the return when it is paid subsequently within a reasonable period.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Before: Shri V. Durga Rao & Shri G. Manjunatha
O R D E R
PER V. DURGA RAO,, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals) 16, Chennai, dated 19.02.2019 relevant to the assessment year 2010-11 challenging the appellate order of confirming the levy of penalty under section 221(1) of the Income Tax Act, 1961 [“Act” in short].
Brief facts of the case are that the assessee filed his return of income for the assessment year 2010-11 on 27.09.2010 and self- assessment tax amounting to Rs.6,03,972/- was not paid. Therefore, the Assessing Officer passed penalty order under section 221(1) of the Act dated 10.02.2011 levying penalty of Rs.1,50,000/- for failure to pay the self-assessment tax under section 140A(3) of the Act. On appeal, the ld. CIT(A) confirmed the penalty levied under section 221(1) of the Act.
On being aggrieved, the assessee is in appeal before the Tribunal. While reiterating the submissions as made before the ld. CIT(A), the ld. Counsel for the assessee has submitted that the assessee could not remit the tax on the date of filing of return of income solely due to insufficient liquid funds. It was further submission that despite incurring huge cash loss in the subsequent years, the assessee remitted the self-assessment tax amount of Rs.6,03,972/- on 04.03.2011 and prayed for deleting the penalty levied under section 221(1) of the Act.
On the other hand, the ld. DR relied on the orders of authorities below.
We have heard both the sides, perused the materials available on record and gone through the orders of authorities below. In this case, the self-assessment tax under section 140A(3) of the Act was not paid before filing the return of income by the assessee. Therefore, the Assessing Officer has levied penalty under section 221(1) of the Act. It is not in dispute that the assessee has not at all paid the self- assessment tax, but it was paid within six months i.e., on 04.03.2011 and also produced challan before the ld. CIT(A). Since the assessee has paid the self-assessment tax within six months of filing of return of income and also produced the challan before the ld. CIT(A), we are of the considered opinion that the penalty levied under section 221(1) of the Act is liable to be deleted. Accordingly, the penalty levied under section 221(1) of the Act is deleted.
In the result, the appeal filed by the assessee is allowed. Order pronounced on the 05th May, 2022 in Chennai.
More judgments on Section 221(1)
- Ruby Singh, Delhi vs DCIT, CC-8, DelhiITA 3044/DEL/2026[2019-20]Status: Disposed31 Aug 2026AY 2019-20
- Ruby Singh, Delhi vs DCIT, CC-8, DelhiITA 3043/DEL/2026[2018-19]Status: Disposed31 Aug 2026AY 2018-19
- Ruby Singh, Delhi vs DCIT, CC-8, DelhiITA 3042/DEL/2026[2016-17]Status: Disposed31 Aug 2026AY 2016-17
- Kamuben Ramanlal Patel, Daman vs Income Tax Officer, DamanITA 798/SRT/2025[2017-18]Status: Disposed10 Aug 2026AY 2017-18
- Bank of Baroda (E-Vijaya Bank), Delhi vs Addl Commissioner of Income Tax…ITA 1864/DEL/2026[2013-14]Status: Disposed5 Aug 2026AY 2013-14
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