1984 (2) TMI 54 - HC - Income Tax

Invalid Penalty Order Cancelled Due to Lack of Jurisdiction

The High Court held that the order of penalty imposed by the Inspecting Assistant Commissioner (IAC) under section 271(1)(c) of the Income Tax Act was ... Effect Of Change Of Law Issues:Jurisdiction of the IAC to impose penalty under s. 271(1)(c) of the I.T. Act.Validity of the order of penalty based on limitation under s. 274(2) of the I.T. Act.Jurisdiction Issue Analysis:The case involved a reference on a case stated by the Income-tax Appellate Tribunal under s. 256(1) of the I.T. Act, 1961. The main contention raised by the assessee before the Tribunal was regarding the jurisdiction of the Inspecting Assistant Commissioner (IAC) to impose a penalty under s. 271(1)(c) of the I.T. Act. The Tribunal upheld both contentions of the assessee. The key point of contention was the jurisdiction of the IAC to impose a penalty based on the amended s. 274(2) of the I.T. Act, which came into effect on April 1, 1971. The Tribunal ruled in favor of the assessee, stating that the IAC lacked jurisdiction from the inception due to the amended provision. The Tribunal held that the ITO had the jurisdiction to levy the penalty as the concealed income did not exceed Rs. 25,000, making the reference to the IAC invalid. Consequently, the IAC had no jurisdiction to proceed with the penalty imposition.Limitation Issue Analysis:The alternative contention raised by the assessee was based on the limitation aspect under s. 274(2) of the I.T. Act as it stood prior to April 1971. However, the High Court declined to answer this question as it was deemed irrelevant after determining the jurisdiction issue in favor of the assessee. The Court's decision on the jurisdiction issue rendered the question of limitation moot. Therefore, the Court did not provide a specific analysis or ruling on the limitation aspect due to the primary determination on the jurisdictional matter.In conclusion, the High Court held that the order of penalty was liable to be cancelled on the ground of want of jurisdiction, as the IAC lacked the authority to impose the penalty based on the specific circumstances and the amended provisions of the I.T. Act. The Court did not delve into the limitation issue due to the primary finding on the jurisdiction matter. The decision favored the assessee's contentions regarding the jurisdictional aspect, leading to the cancellation of the penalty order.