GOPALAPILLAI SREEKUMAR,KOLLAM, KERALA vs. INCOME TAX OFFICER,CENTRAL CIRCLE-2, CENTRAL CIRCLE-II
Facts
The assessee faced penalties of Rs. 10,000 each for three assessment years (2014-15 to 2016-17) under section 271(1)(b) for non-compliance with statutory notices, which were confirmed by the CIT(A). The Assessing Officer, however, completed the assessments under Section 153A read with Section 143(3) for all these years, instead of Section 144.
Held
The Tribunal, citing the precedent of Akhil Bhartiya Prathamik Shikshak Sangha Bhavan Trust vs ADIT, held that if assessments are completed under Section 153A r.w.s 143(3) and not under Section 144, it implies that any initial non-compliance was subsequently rectified and the assessment was treated as a regular assessment. Therefore, the levy of penalty under Section 271(1)(b) for non-compliance was not justified and was deleted.
Key Issues
Whether penalty under Section 271(1)(b) is leviable for non-compliance with notices when assessment orders are completed under Section 153A r.w.s 143(3) and not Section 144.
Sections Cited
Section 271(1)(b), Section 153A, Section 143(3), Section 144, Section 142(1)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,
Before: BEFORE SHRI GEORGE MATHANMANISH AGARWAL
Per Bench
These are These are appeals filed by the assessee against the filed by the assessee against the separate orders of the ld CIT(A), Bhubaneswar of the ld CIT(A), Bhubaneswar-2, all dated 13.11.2024 13.11.2024 confirming the penalty levied u/s.271(1)(b) penalty levied u/s.271(1)(b) of the Act of Rs.10,000/- each for the assessment year essment years 2014-15, 2015-16 & 2016-17,, respectively , respectively.
Shri Subit Kumar Sahu Subit Kumar Sahu, ld AR appeared for the assessee and Shri the assessee and Shri S.C.Mohanty, Sr. Sr. DR appeared for the revenue.
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ITA No.45/CTK/2025: Assessment Year : 2014-15 ITA No.46/CTK/2025 : Assessment Year :2015-16 ITA No.47/CTK/2025 : Assessment Yea r : 2016-17
Ld AR drew our attention to the respective assessment orders and penalty orders, which have been passed under:
Asst.Year Assessment order dt. Penalty order dt. 2014-15 25.9.2021 17.3.2022 2015-16 25.9.2021 17.3.2022 2016-17 25.9.2021 17.3.2022 It was the submission that the penalty proceedings were initiated by the Assessing Officer u/s.271(1)(b) of the Act solely due to non compliance of notices issued to the assessee. It was the submission that the assessment was completed u/s.153A r.w.s. 143(3) of the Act and thus, there remains no question of non-compliance during the course of assessment proceedings. Therefore, he prayed for deletion of the penalty so levied. 4. In reply, ld Sr DR vehemently supported the levy of penalty. It was the submission that the penalty is levied due to non-compliance of notices and, therefore, the levy of penalty should be confirmed.
We have considered the rival submissions. It is seen that although the AO has levied penalty in all the assessment years for non-compliance of statutory notices, however, at the same time, he has passed orders for all the assessment years’ u/s. 153A r.w.s 143(3) and not u/s.144 of the Act. Had there been non-compliance by the assessee, the orders should have been passed u/s.144 of the Act. The ITAT Delhi Benches in the case of Akhil Bhartiya Prathamik Shikshak Sangha Bhavan Trust vs ADIT, 115 TTJ P a g e 2 | 4
ITA No.45/CTK/2025: Assessment Year : 2014-15 ITA No.46/CTK/2025 : Assessment Year :2015-16 ITA No.47/CTK/2025 : Assessment Yea r : 2016-17
419 (Del) held that where the assessee had not complied the notices issued u/s.142(1) of the Act, but the assessment order has been passed u/s.143(3) and not u/s.144 of the Act, that meant that subsequent compliance of the assessment proceedings was considered as good compliance and default committed earlier were ignored by the Assessing officer. Therefore, levy of penalty u/s.171(1)(b) of the Act was not justified. Since the facts in all the appeals are identical of the case of Akhil Bhartiya Prathamik Shikshak Sangha Bhavan Trust (supra),by respectfully following the same, the penalty u/s.271(1)(b) of the Act is hereby deleted as in the instant cases also, as the assessments were finally completed u/s.153A r w.s143(3) of the Act and not u/s.144 of the Act.
In the result, appeals of the assessee stand allowed.
Order dictated and pronounced in the open court on 28/01/2025. Sd/- sd/-
(George Mathan) (Manish Agarwal) JUDICIAL MEMBER ACCOUNTANT MEMBER Cuttack; Dated 28/01/2025 B.K.Parida, SPS (OS)
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ITA No.45/CTK/2025: Assessment Year : 2014-15 ITA No.46/CTK/2025 : Assessment Year :2015-16 ITA No.47/CTK/2025 : Assessment Yea r : 2016-17
Copy of the Order forwarded to : 1. The Appellant : Gopal Pillai Sreekumar, Sooranad, Kollam, Kerala-690522 2. The Respondent: Income Tax Officer, Central Circle-2, Bhubaneswar 3. The CIT(A)- Bhubaneswar-2. 4. Pr.CIT, Bhub aneswar-2. 5. DR, ITAT, 6. Guard file. //True Copy// By order
Sr.Pvt.Secretary ITAT, Cuttack
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