RADHEY SHYAM,REWARI vs. ITO, WARD-2, REWARI

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ITA 1176/DEL/2018Status: DisposedITAT Delhi06 November 2018AY 2013-145 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 order was liable for cancellation because the penalty notice did not explicitly specify whether it was for concealment of income or furnishing inaccurate particulars. Following the Supreme Court's decision in CIT Vs. SSA Emerald Meadows, the penalty was deleted.

What were the facts?

The Assessing Officer found unexplained cash deposits of Rs. 28.85 lacs in the assessee's bank account. Penalty proceedings were initiated for concealment of income and furnishing inaccurate particulars of income.

What were the issues?

Whether the penalty levied under Section 271(1)(c) is valid when the penalty notice fails to specify the exact charge (concealment or inaccurate particulars)?

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 274,Section 143(3)

AI-generated summary — verify with the full judgment below

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

Before: SH. N. K. BILLAIYA

For Respondent: Ms. Aashna Paul, Sr. DR
Hearing: 05/11/2018Pronounced: 06/11/2018

ORDER PER N. K. BILLAIYA, AM:

This appeal by the assessee is preferred against the order of the CIT(A), Rohtak dated 26.12.2017 pertaining to A. Y. 2013-14.

2.

The only grievance of the assessee is that the CIT(A) erred in upholding the penalty levied u/s 271 (1) (c) of the Act.

3.

The roots for the levy of penalty lie in the assessment order dated 18.02.2016 framed u/s 143 (3) of the Act. In the assessment proceedings the Assessing Officer found that some cash has been deposited in the bank account of the assessee. The Assessing Officer was of the opinion that the cash deposit of Rs.28.85 lacs in savings bank account with PNB Bank, Gurgaon remained unexplained. The Assessing Officer treated the same as unexplained cash deposit and initiated the penalty proceedings for concealment of the particulars of income and furnishing of inaccurate particulars of income.

4.

Accordingly notice u/s 274 r/w section 271 of the Act was issued and served upon the assessee it was a proforma notice without specifically mentioning whether the proposed penalty is for concealment of income or for filing inaccurate particulars of income. Penalty of Rs.819231/- was accordingly levied. Even in the penalty order the Assessing Officer has observed that the assessee has concealed particulars of income and furnished inaccurate particulars of income. This means that even at the time of levying the penalty the Assessing Officer was not sure whether it is a case of concealment of income or furnishing of inaccurate particulars of income. The Hon’ble Supreme Court in the case of CIT Vs. SSA Emerald Meadows vide order dated 05.08.2016 has held “Omission by the Assessing Officer to explicitly specify in the penalty notice as to whether penalty proceedings are being initiated for furnishing of inaccurate particulars or for concealment of income makes the penalty order liable for cancellation”. Respectfully following the decision of Hon’ble Supreme Court (supra) the penalty so levied is directed to be deleted.

5.

In the result, the appeal filed by the assessee is allowed.

Order pronounced in the open court on 06.11.2018.

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