SADHANA NITRO CHEM LTD.,MUMBAI vs. ITO 7 (2) (2), MUMBAI
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 mere making of a claim not sustainable in law does not amount to furnishing inaccurate particulars or concealment of income. The AO also failed to record proper satisfaction for initiating penalty proceedings.
What were the facts?
The assessee claimed a deduction under Section 10B and an addition was made for non-payment of excise duty. The Assessing Officer (AO) initiated penalty proceedings under Section 271(1)(c) after the assessment order was passed.
What were the issues?
Whether penalty under Section 271(1)(c) can be levied for a claim not sustainable in law without proper satisfaction recorded by the AO.
Which sections of the Income-tax Act were involved?
Section 10B,Section 43B(a),Section 271(1)(c),Section 274
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(7)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Manjunatha Cotton & Ginning Factory2,590 citing359 ITR 565 · 2013 · HC · Read judgment
- CIT v. Reliance Petroproducts Pvt. Ltd.2,228 citing322 ITR 158 · 2010 · SC · Read judgment
- Dilip N. Shroff v. JCIT565 citing291 ITR 519 · 2007 · SC · Read judgment
- CIT v. Ram Commercial Enterprises Ltd.103 citing246 ITR 568 · 2000 · HC
- Chennakesava Pharmaceuticals v. Commissioner of Income Tax14 citing349 ITR 196 · 2012 · HC
- Telangana and Andhra Pradesh in CIT v. Lotus Constructions13 citing370 ITR 475 · 2015 · HC
- 300 ITR 407 citing300 ITR 40 · 2008 · HC
PER PAWAN SINGH, JUDICIAL MEMBER:
This appeal by assessee under section 253 of the Income-Tax Act (“The Act”) is directed against the order ld. CIT(A)-14, Mumbai dated 28.01.2016 for Assessment Year (AY) 2007-08, which in turn arises from the order of penalty levied under section 271(1)(c) by the Assessing Officer dated 26.03.2014. The assessee has raised the following grounds of appeal: 1) On the facts and in the circumstances of the case, Ld. CIT(Appeals) erred in confirming the levy of penalty on the reduction in the claim of deduction under Section 10B of the Act of Rs. 33,54,723/-. 2) On the facts and in the circumstances of the case, Ld. CIT(Appeals) erred in confirming the levy of penalty on the addition made under section 145A of the Act of Rs. 165.27 lakhs. 3) On the facts and in the circumstances of the case, Ld. CIT(Appeals) erred in confirming the penalty order of the Assessing Officer. - M/s Sadhana Nitro Chem Ltd.
Brief facts of the case are that the assessee is a company engaged in the business of manufacturing and treading, filed its return of income for relevant AY on 27.10.2007 declaring Nil income. The assessment was completed on 31.12.2009 under section 143(3) of the Act. In the return of income, the assessee claimed deduction under section 10B of Rs. 1,30,10,206/-. The Assessing Officer (AO) while framing the assessment order restricted the disallowance under section 10B to Rs. 1,11,01,062/-, thereby disallowed the deduction under section 10B to Rs. 33,54,723/-. The AO also made the addition of Rs. 165.27 lakhs on account of non-payment of excise duty in time and disallowed the same as per section 43B(a). On appeal both the addition were confirmed. Thereafter, the AO issued notice under section 271(1)(c) read with Explanation-1 dated 30.12.2009 for initiating penalty for furnishing inaccurate particulars of income. The assessee filed his explanation. The explanation of assessee was not accepted by AO. The AO levied the penalty @ 100% of the tax sought to be evaded. The AO worked out the penalty of Rs. 66,92,188/- in its order dated 26.03.2014. On appeal before the ld. CIT(A), the penalty order was sustained. Thus, further aggrieved by the order of ld. CIT(A), the assessee has filed the present appeal before us.
We have heard the ld. Authorized Representative (AR) of the assessee and ld. Departmental Representative (DR) for the Revenue and perused the material available on record. It was argued by ld. AR of the assessee that the 2 M/s Sadhana Nitro Chem Ltd. AO while passing the assessment order has not initiated the penalty proceeding. There was no satisfaction recorded by AO while passing the assessment order about the concealment of income or for furnishing of inaccurate particulars thereof. Thus, the order of AO in levying the penalty is bad-in-law. The AO issued notice under section 274 r.w.s. 271 dated 31.12.2009. The AO has not specified or strike out the inappropriate portion of notice, specifying, if the penalty is initiated for concealment of particular or furnishing inaccurate particular of income. The copy of notice dated 31.12.2009 is placed on record. The ld. AR of the assessee relied upon the decision of Mumbai Tribunal in Uttam Value Steels Limited vs. ACIT in ITA No. 3622 to 3625/Mum/16 dated 22.05.2017, M/s Orbit Enterprises vs. ITO in ITA Nos. 1596 & 1597/Mum/14 dated 01.09.2017, Meherjee Cassinath Holdings Pvt. Ltd. vs. ACIT in ITA No. 2555/Mum/12 dated 28.04.2017, CIT vs. Manjunatha Cotton & Ginning Factory (359 ITR 565 (HC, Karnataka) and Sesa Resources Ltd. vs. ACIT in Tax Appeal No.42 of 2012 (HC, Bombay). On the other hand, the ld. DR for the Revenue heavily relied on the decision of ld. CIT(A). 4. We have considered the rival submission of the parties and perused the orders of authorities below. In the return of income, the assessee claimed deduction under section 10B at Rs. 1,30,10,206/-. The Assessing Officer (AO) while framing the assessment order restricted the disallowance under section 10B to Rs. 1,11,01,062/-, thereby disallowed the deduction under 3 M/s Sadhana Nitro Chem Ltd. section 10B to Rs. 33,54,723/-. The AO also made the addition of Rs. 165.27 lakhs on account of non-payment of excise duty in time and disallowed the same as per section 43B(a). We have noted that no penalty under section 271(1)(c) was initiated by AO while passing the assessment order. The AO issued notice under section 271(1)(c) dated 30.12.2009. The assessee filed its reply dated 18.02.2014 and contended that the assessee was given partial relief by the ld. CIT(A). We have noted that no such order for giving partial relief to the assessee is placed on record. We have seen that in this case, there is no finding that any details supplied by the assessee in its Return were found to be incorrect or erroneous or false. Such not being the case, there would be no question of inviting the penalty under Section 271(1)(c) of the Act. In our view mere making of the claim, which is not sustainable in law, by itself, will not amount to furnishing inaccurate particulars regarding the income of the assessee. Such claim made in the Return cannot amount to the inaccurate particulars. In our view the assessee had furnished all the details of income in its Return, which details, for which there is no finding that the details were not found to be inaccurate nor could be viewed as the concealment of income on its part.
The Hon’ble Supreme Court in Dilip N. Shorff Vs CIT (291 ITR 519 SC) held that when the assessee has furnished all the particulars of income the imposition of penalty is not automatic. Further, Hon’ble Apex Court in Reliance Petroproducts Ltd Vs CIT (322 ITR 158 SC) held that mere 4 M/s Sadhana Nitro Chem Ltd. making a claim which is not sustainable in law does not attract the penalty under section 271(1)(c). Hon’ble Andhra Pradesh High Court in CIT vs. Lotus Construction reported vide [2015] 370 ITR 475(A P), V.V. Projects and Investment Private Limited Vs DCIT [2008] 300 ITR 40(AP), Chennakeshwar Pharmacautical Vs CIT [2012] 349 ITR 196 (A P), Hon’ble Delhi High Court in CIT Vs Ram Commercial Enterprises Ltd. [2000] 246 ITR 568(Delhi), held that recording of the satisfaction in the assessment order about the initiation of penalty is must. In absence of proper satisfaction about the initiation of penalty order the penalty is liable to be deleted. Thus, the submissions of the ld. AR for the assessee are convincible that the penalty was levied by assessing officer without proper satisfaction.
In our view the ratio of decision in Reliance Petroproducts Ltd (supra) is also applicable on the facts of the present case. Thus, the ld AR of assessee is succeeded in convincing that neither the AO recorded his satisfaction about initiating and in imposing the penalty nor on particular limb in notice under section 271(1)(c). Hence, the grounds of appeal raised by the assessee are allowed.
In the result, appeal filed by assessee is allowed. Order pronounced in the open court on this 12th day of January, 2018. Sd/- Sd/-/- (R.C. SHARMA) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated 12/01/2018 S.K.PS 5 M/s Sadhana Nitro Chem Ltd.
More judgments on Section 10B
- Brainbees Solutions Limited, Pune… vs Assistant Commissioner of Income Tax…ITTPA 1431/PUN/2026[2022-2023]Status: Disposed29 Sept 2026AY 2022-2023
- ACIT 15(1)(2), Mumbai vs Galaxy Surfactants Limited, MumbaiITA 6984/MUM/2025[2011-2012]Status: Disposed15 Sept 2026AY 2011-2012
- Ivl Dhunseri Petrochem Industries Pvt… vs D.C.I.T., Circle - 11(1), KolkataITTPA 4/KOL/2026[2022-2023]Status: Heard11 Sept 2026AY 2022-2023
- T vs Motor Co. Ltd., Chennaivs.DCIT, Corp…ITTPA 52/CHNY/2026[2022-23]Status: Disposed9 Sept 2026AY 2022-23
- Vrajlal Chanabhai Kachhadiya, Jamnagar vs ITO, Ward-2(6), JamnagarITA 847/RJT/2025[2010-11]Status: Disposed7 Sept 2026AY 2010-11
Recent GST High Court judgments
Search GST case law →- M/S Priya, Townhall Road, Cuttack vs. Superintendent Cuttack- I Range, CuttackOrissa · 31 Oct 2026
- Dwaraka Jewellers, Bhubaneswar vs. Superintendent, CGST And Central Excise, BhubaneswarOrissa · 31 Oct 2026
- M/S N D Waddar And Co vs. Sri Gaurav GuptaKarnataka · 30 Oct 2026
- Kanwar Enterprises Private Limited vs. The Joint Commissioner - State TaxTelangana · 30 Oct 2026
- M/S. Bangi Mines And Minerals vs. The State Of TelanganaTelangana · 30 Oct 2026