SRI. VISWANATH PRASANNA KUMAR DIKSHIT,BANGALORE vs. THE INCOME TAX OFFICER, WARD-5(3)(1), BANGALORE
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 restored the penalty appeal to the file of the AO, noting that the quantum appeal had been set aside by the CIT(A). The AO was permitted to reinitiate penalty proceedings if warranted after reframing the assessment.
What were the facts?
The assessee did not file his return of income, leading to a best judgment assessment. A penalty was levied under Section 270A, and the assessee's appeal against this penalty was dismissed by the CIT(A) due to a significant delay.
What were the issues?
Whether the CIT(A) erred in dismissing the penalty appeal due to delay, especially when the quantum assessment order was later set aside. The issue is about the procedural correctness of disposing of a penalty appeal independently of the quantum assessment.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH : BANGALORE
Before: SHRI PRASHANT MAHARISHI & SHRI SOUNDARARAJAN K.
Per Prashant Maharishi, Vice President
This appeal is filed by the assessee/appellant for the assessment year 2018-19 against the appellate order passed by the National Faceless Appeal Centre, Delhi (NFAC) [ld. CIT(A)] dated 20.9.2024 wherein the appeal filed by the assessee against the penalty order u/s. 270A of the Income-tax Act, 1961 (the Act) levying a penalty of Rs.17,72,308 was dismissed by not condoning the delay of 176 days. Thus, the appeal of the assessee was dismissed in limine by the ld. CIT(A). Assessee is aggrieved and is in appeal.
The brief facts of the case show that assessee is an individual, did not file his return of income and therefore assessment was completed u/s. 143 r.w.s. 144 r.w.s. 144B of the Act on 16.3.2023 at assessed income of Rs.1.06 lakhs wherein addition of Rs.97,50,000 was made on account of sale of immovable property, salary income and remuneration from the partnership firm in the assessment. Penalty was also initiated u/s. 270A of the Act by penalty order dated 24.8.2023. The same was challenged before the ld. CIT(A) late by 176 days. Assessee explained the delay stating that the assessment order was well as the penalty order were not received by the assessee on email or it has gone into spam folder. Further, the assessee was not aware of the time limits and was not having service of any tax consultant, therefore, it has caused the delay.
The ld. CIT(A) did not condone the delay holding that correspondence was delivered to the assessee at the available e- mail address. He was also of the view that assessee has not tried to submit any screenshots and dismissed the appeal as not admitted.
The assessee is in appeal before us wherein it was submitted that if this appeal is not admitted, the penalty levied by the ld. AO remains confirmed. However, the assessee who filed an appeal against the quantum order of assessment before the CIT(A) and the ld. CIT(A) as per order dated 30.10.2024 has set aside the order back to the AO, whereas the penalty appellate order dated 20.9.2024 was passed by the ld. CIT(A) confirming the penalty. The ld. CIT(A) should not have disposed the penalty appeal, unless he disposed the quantum appeal. Therefore, this appeal also be restored back to the file of the AO.
The ld. DR supported the order of the ld. lower authorities.
In view of this, the appeal of the assessee against the confirmation of the penalty u/s. 270A also deserves to be restored back to the file of the ld. AO in view of the order of the ld. CIT(A) restoring the same matter in quantum appeal to the file of the AO for fresh adjudication. Needless to say that if on reframing the assessment order pursuant to the order of the ld. CIT(A), the ld. AO may reinitiate the penalty u/s. 270A of the Act in accordance with law.
In the result, the appeal filed by the assessee is allowed for statistical purposes.
Pronounced in the open court on this 20th day of December, 2024.
More judgments on Section 270A
- Kamleshkumar Somalal Bhatt, Himatnagar vs Income Tax Ofifcer, Ward 1, HimatnagarITA 2130/AHD/2026[2019-20]Status: Disposed21 Oct 2026AY 2019-20
- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2125/AHD/2026[2019-2020]Status: Disposed21 Oct 2026AY 2019-2020
- Kkg Associates, Visakhapatnam vs Income Tax Officer, Ward - 2(1)…ITA 345/VIZ/2026[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Shamsunder Pritesh Malode, Hyderabad vs ACIT, Circle-12(1), HyderabadITA 399/HYD/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Rama Naidu Gutha, Anantapur vs ITO, Ward -1, AnantapurITA 1895/HYD/2026[2023-24]Status: Disposed16 Oct 2026AY 2023-24
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