ITO, KARAIKUDI vs. R.KARUPPIAH, SIVAGANGAI
What did the Tribunal hold?
The tribunal held that the CIT(Appeals) violated Rule 46A by accepting the assessee's explanation without confronting it to the Assessing Officer. The order of the CIT(Appeals) was set aside.
What were the facts?
The Assessing Officer levied a penalty of Rs. 10.00 lakhs under Section 271D for receiving a loan in cash, violating Section 269SS. The CIT(Appeals) cancelled this penalty based on the assessee's explanation without further examination or confronting the AO.
What were the issues?
Whether the CIT(Appeals) erred in cancelling the penalty without confronting the assessee's explanation to the Assessing Officer, thereby violating Rule 46A of the IT Rules.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH, CHENNAI
Before: SHRI B.R. BASKARAN & SHRI VIKAS AWASTHY
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
आदेश /O R D E R
PER B.R. BASKARAN, ACCOUNTANT MEMBER:
The appeal filed by the revenue and the cross objection filed by the assessee are directed against the order dated 28.8.2014 passed by Ld CIT(Appeals)-I, Madurai and they relate to the assessment year 2010-11. u/s 271D of the Act, having been cancelled by the Ld CIT(Appeals), the revenue has filed this appeal challenging the decision of Ld CIT(Appeals). The assessee has filed the cross objection to support the order of the Ld CIT(Appeals).
We heard the parties and perused the record. The revenue, inter alia, has raised a ground relating to violation of Rue 46A of the IT Rules in entertaining a new plea without confronting the same to the assessing officer. A perusal of the penalty order would show that the assessee has failed to furnish any explanation for receiving loan of `10.00 lakhs from close relatives by way of cash in violation of the provisions of sec. 269SS of the Act. However, before Ld CIT(Appeals), the assessee has furnished an explanation to the effect that he has borrowed money from close relatives to repay the LC credit facilities availed from the bank. We notice that the Ld CIT(Appeals) has deleted the penalty by accepting the said explanations on the face of it without causing any further examination and also without confronting the same with the assessing officer. In our considered opinion, the said action of Ld CIT(Appeals) results in violation of the provisions of Rule 46A of the IT Rules.
3 C.O. No. 140/Mds/2014 4. In view of the foregoing discussion, we are not able to sustain the order passed by Ld CIT(Appeals). Accordingly, we set aside the same and restore the matter to his file with the direction to confront the explanations furnished by the assessee with the Assessing Officer, call for a remand report and then decide the issue in accordance with the law, after affording necessary opportunity of being heard.
The cross objection filed by the assessee only supports the order passed by Ld CIT(Appeals) and hence the same does not require any adjudication.
In the result, the appeal filed by the revenue is treated as allowed for statistical purposes and the cross objection of the assessee is dismissed.
Pronounced accordingly in the open Court after conclusion of hearing on the 5th day of February, 2015.
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