POOSAPPAN ARULSUNDARAM ,ERODE vs. COMMISSIONER OF INCOME TAX, (APPEALS) , CHENNAI

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ITA 1130/CHNY/2023Status: DisposedITAT Chennai26 July 2024AY 2013-2014Bench: SHRI ABY T. VARKEY (Judicial Member), SHRI MANOJ KUMAR AGGARWAL (Accountant Member)3 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 notice issued by the Assessing Officer (AO) was invalid because it was issued for furnishing inaccurate particulars of income, but the penalty was levied for both concealment and furnishing inaccurate particulars. This defect vitiates the penalty.

What were the facts?

The assessee appealed against a penalty imposed under Section 271(1)(c) of the Income Tax Act for the Assessment Year 2013-14. The penalty was confirmed by the CIT(A).

What were the issues?

Whether a penalty levied under Section 271(1)(c) is valid when the notice issued under Section 274 is defective and does not clearly specify the charge against the assessee.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 274

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI

Before: SHRI ABY T. VARKEY & SHRI MANOJ KUMAR AGGARWAL

For Respondent: Shri P. Sajit Kumar, JCIT
Hearing: 27.06.2024Pronounced: 26.07.2024

आदेश / O R D E R

PER ABY T. VARKEY, JM: This is an appeal preferred by the assessee against the order of the Learned Commissioner of Income Tax (Appeals)-20, (hereinafter in short "theLd.CIT(A)”), Chennai, dated 08.08.2023 for the Assessment Year (hereinafter in short "AY”) 2013-14 confirming the penalty u/s.271(1)(c) of the Income Tax Act, 1961 (hereinafter in short "the Act”). (AY 2013-14) Shri Poosappan Arulsundaram :: 2 ::

2.

At the outset, the Ld.AR of the assessee has raised the legal issue that the notice issued by the AO dated 28.03.2016 was invalid. The Ld.AR drew our attention to the impugned notice dated 28.03.2016 issued u/s.274 r.w.s.271 of the Act, and pointed out that the AO in the ibid notice had stricken off “concealed the particulars of your income” which means, assessee was put to notice for committing the fault “furnishing of inaccurate particulars of such income”. However, he brought to our notice that the AO levied penalty [by order dated 27.09.2016] for “concealed the particulars of his income” and also for “furnishing inaccurate particulars of income” which means that the AO has found the assessee for committing both the faults, after having given notice for only one fault i.e. “furnishing of inaccurate particulars of such income”. Thus, according to the Ld.AR, the AO didn’t call upon the assessee to defend the distinct fault “concealment of particulars of income” which makes the impugned notice bad in law as held by the Hon’ble jurisdictional High Court of Madras in the case of Babuji Jacob v. ITO reported in (2021) 430 ITR 259 (Mad). We find force in the submissions of the Ld.AR and also note that the Full bench of the Hon’ble Bombay High Court in the case of Mohd. Farhan A. Shaikh v. DCIT reported in [2021] 434 ITR 1 (Bombay) dated 11.03.2021 held that invalid notices vitiates the penalty levied by the AO. In the present case also we note that notice issued by AO was defective, and therefore, the assessee was handicapped from defending (AY 2013-14) Shri Poosappan Arulsundaram properly the charge/fault and resultantly, the defect in the notice, goes to the root of the penalty levied by the AO, and hence, we direct deletion of the penalty.

3.

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

Order pronounced on the 26th day of July, 2024, in Chennai.

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