2013 (8) TMI 971 - AT - Income Tax

ITAT decision: Penalty under Income Tax Act set aside for delayed tax payment

Duflon Polymers Pvt. Ltd. Versus Dy. Commissioner of Income Tax–8 (1), Mumbai

The ITAT allowed the appeal, setting aside the CIT(A) order that upheld a penalty under section 221(1) of the Income Tax Act, 1961. The appellant ... - Issues involved: Appeal against CIT(A) order on sustenance of penalty u/s 221(1).Details of the judgment:1. Issue of penalty u/s 221(1): - The appellant company faced liquidity crisis leading to a delay in paying Self Assessment Tax. - The appellant argued that no penalty should be levied if default in payment was for good reasons, citing judicial pronouncements. - The Judicial Member found the appellant had sufficient funds to pay the tax but chose not to, focusing on settling dues to SBI instead. - The Judicial Member upheld the penalty, stating the appellant failed to prove a genuine reason for the delay. - The appeal was dismissed by the CIT(A) and the appellant approached ITAT. - The AR pleaded for penalty deletion, while the revenue authorities supported penalty imposition. - ITAT noted the appellant's efforts to deposit tax and clear bank liabilities in the current year. - ITAT found no justification to sustain the penalty, considering the circumstances and legislative discretion. - The order directed the AO to delete the penalty of &8377; 7,99,160 u/s 221(1) of the Income Tax Act, 1961. - The appeal by the assessee was allowed, setting aside the CIT(A) order.This judgment highlights the importance of proving genuine reasons for tax payment delays and the discretion of authorities in imposing penalties u/s 221(1) based on the circumstances of each case.