DEEPAK AGARWAL,DELHI vs. ACIT, CC-13, DELHI
What did the Tribunal hold?
The Tribunal found merit in the Revenue's contention that the quantum of penalty might be affected by appellate decisions in the cases of recipients of accommodation entries. Therefore, the appeals were restored to the Assessing Officer for fresh adjudication.
What were the facts?
The assessee's appeals were against penalty levied under Section 271(1)(c) of the Income Tax Act. The penalty stemmed from additions made in assessment orders where the assessee was found to be providing accommodation entries disguised as loans and advances.
What were the issues?
The primary issue was the validity and quantum of penalty under Section 271(1)(c) for providing accommodation entries, considering potential changes due to appeals by recipients of such entries.
Which sections of the Income-tax Act were involved?
Section 271(1)(c),Section 153A,Section 145(3),Section 143(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘H’: NEW DELHI
Before: SHRI SAKTIJIT DEY & SHRI N.K. BILLAIYA
were heard together and are disposed of by this common order for the sake of convenience and brevity. .- 1659/Del/2021 and two other appeals. Deepak Agarwal. 2. The common grievance in all the appeals relates to the levy of penalty U/s 271(1)(c) of the Act, though the quantum may differ.
The roots for the levy of penalty lies in the assessment order framed U/s 153A read with Section 145(3) / 143(3) of the Act, wherein it was categorically held that the assessee was providing accommodation entries in the garb of loans and advances and therefore commission @ 2% was charged for providing the said entries.
The action of the AO was confirmed by the CIT(A). The AO initiated penalty proceedings U/s 271(1)(c) of the Act on such income of the assessee and levied penalty accordingly.
None appeared on behalf of the assessee inspite of several notices from 13.09.2022 till date, therefore, we decided to proceed ex-parte.
The DR brought to our notice that in the hands of the assessee substantive additions were made qua the appellate orders of the parties to whom assessee was providing accommodation entries. It is the say of the DR that the quantum of penalty may now be different if the appeal effect is given in respect of those parties who were the recipient of the accommodation entries. .- 1659/Del/2021 and two other appeals. Deepak Agarwal.
We find force in the contention of the DR, therefore, in the interest of justice and fair play, we restore the impugned appeals to the files of the AO. The AO is directed to decide the levy of penalty afresh after considering all the appellate decision in the cases of recipients of the accommodation entries provided by the assessee. Needless to mention, the AO should give a reasonable and adequate opportunity of being heard to the assessee.
In the result, appeals are allowed for statistical purposes.
Order pronounced in the Open Court on 6.10.2023
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