2018 (5) TMI 259 - HC - Income Tax

Penalty notices under Section 271(1)(c) upheld despite defects when no prejudice caused to assessee

M/s. Sundaram Finance Limited (Formerly M/s. Sundaram Finance Services Ltd.) Versus The Assistant Commissioner of Income Tax

The Madras HC rejected the assessee's challenge to penalty notices under Section 271(1)(c), where the assessee claimed the notices were defective for not ... Levy of penalty u/s 271(1)(c) - defect in the notice - assessee contended that the notices issued under Section 274 r/w. Section 271 are vitiated since it did not specifically state the grounds mentioned in Section 271(1)(c) - Held that:- All violations will not result in nullifying the orders passed by statutory authorities. If the case of the assessee is that they have been put to prejudice and principles of natural justice were violated on account of not being able to submit an effective reply, it would be a different matter. This was never the plea of the assessee either before the Assessing Officer or before the first Appellate Authority or before the Tribunal or before this Court when the Tax Case Appeals were filed and it was only after 10 years, when the appeals were listed for final hearing, this issue is sought to be raised. Thus on facts, we could safely conclude that even assuming that there was defect in the notice, it had caused no prejudice to the assessee and the assessee clearly understood what was the purport and import of notice issued under Section 274 r/w.Section 271 of the Act. - Decided against the assessee The core legal questions considered by the Court in this matter are:1. Whether the Tribunal was correct in confirming the levy of penalty under Section 271(1)(c) of the Income Tax Act, 1961, without properly appreciating the evidence filed by the appellant.2. Whether the Tribunal was correct in law in holding that the appellant had claimed depreciation by furnishing inaccurate and false particulars, thereby attracting penalty under Section 271(1)(c) of the Act.3. Whether a notice issued under Section 274 read with Section 271(1)(c) of the Act, which does not specify the default the assessee is required to explain, is a valid notice for levy of penalty.Issue-wise Detailed Analysis:1. Validity of Penalty under Section 271(1)(c) and Appreciation of EvidenceThe legal framework governing penalty under Section 271(1)(c) establishes that penalty is a civil liability and does not require mens rea or wilful concealment. The penalty is attracted if the assessee conceals particulars of income or furnishes inaccurate particulars. The existence of these conditions must be discernible from the assessment or appellate orders. The penalty is not automatic and depends on whether the explanation offered by the assessee is substantiated.The Court referred to authoritative precedents, including the Karnataka High Court's decision in Manjunatha Cotton Mills and the Supreme Court's confirmation thereof, which clarify that the penalty under Section 271(1)(c) is a civil liability and wilful concealment is not essential. The notice proposing penalty must specifically state the grounds, but findings in assessment proceedings do not operate as res judicata in penalty proceedings.In the present case, the appellant was engaged in hire purchase and equipment leasing. The Assessing Officer treated a lease transaction as a finance transaction and disallowed depreciation due to irregularities relating to the supply of machinery. The appellant admitted before the Appellate Authority that depreciation was claimed on an asset that did not exist. The penalty was levied on the ground that the appellant concealed particulars and furnished inaccurate particulars.The Court noted that the entire issue surfaced due to a search under Section 132 of the Act in an unrelated company, revealing that no air pollution control equipment was supplied to the appellant by the lessee. The Assessing Officer found that the appellant had not ensured the existence of the asset before claiming depreciation and that the inspection report was vague and unreliable. This led to the conclusion that the appellant concealed and furnished inaccurate particulars.The appellant's contention that the transaction was bonafide and that depreciation was claimed in good faith was rejected on the basis that the appellant did not take any action against the lessee, who allegedly committed fraud. The appellant voluntarily reversed the depreciation claim only after the irregularities came to light. The Court held that the concurrent findings of the Assessing Officer, Appellate Authority, and Tribunal were justified and that the penalty was rightly imposed.2. Claim of Depreciation by Furnishing Inaccurate and False ParticularsThe Court emphasized that the primary condition for claiming depreciation is that the asset must be owned and used for business. The appellant failed to verify the existence of the asset before claiming depreciation, which is a fundamental duty. The reliance on the lessee's version or a self-serving inspection report was insufficient to absolve the appellant from liability.The Court applied the legal principle that penalty under Section 271(1)(c) does not require wilful concealment but only the existence of inaccurate particulars or concealment of income. The appellant's admission that the asset did not exist and the reversal of depreciation claim confirmed the factual basis for penalty. The Court found no merit in the appellant's argument that the claim was bonafide and that there was no negligence or fraud on its part.3. Validity of Notice under Section 274 read with Section 271(1)(c)The appellant sought to raise, at a belated stage, the question of whether the notice issued under Section 274 read with Section 271(1)(c) was valid, contending it did not specify the default to be explained. The appellant relied on precedents requiring that such notices must specify whether the penalty is for concealment or furnishing inaccurate particulars.The Court observed that this issue was never raised before any lower authority or the Tribunal and was introduced only after a decade during final hearing. The Court distinguished the cited precedents, noting that those involved amendments to appeal memos on pure questions of law, whereas the present contention was a factual issue and had not been raised earlier.On examining the notices, the Court found that relevant columns indicating concealment and furnishing of inaccurate particulars were marked. The appellant was thus clearly aware of the grounds for penalty. The Court held that mere procedural defects that do not cause prejudice cannot invalidate the notice or penalty proceedings. Since the appellant did not claim prejudice or violation of natural justice at any stage, the contention was rejected.Conclusions on Issues:The Court answered the first two substantial questions of law against the appellant and in favor of the revenue, holding that the penalty under Section 271(1)(c) was rightly imposed based on factual findings that the appellant furnished inaccurate particulars by claiming depreciation on non-existent assets. The third question of law regarding the validity of the notice was rejected on the grounds that it was a factual issue not raised earlier and that the notice was valid in substance and did not prejudice the appellant.Significant Holdings:'Penalty under the said Section is a civil liability, mens rea is not an essential element for imposing penalty for breach of civil obligations or liabilities, wilful concealment is not an essential ingredient for attracting civil liability.''The primary condition for claiming depreciation was not only that the asset must be owned by the assessee used for business and therefore, before claiming depreciation, it was a duty of the assessee to ensure that the assets exist.''Not merely relying on the version of the lessee or on a self-serving inspection report does not exonerate the assessee from its obligations.''All violations will not result in nullifying the orders passed by statutory authorities. If the case of the assessee is that they have been put to prejudice and principles of natural justice were violated on account of not being able to submit an effective reply, it would be a different matter. This was never the plea of the assessee.''The existence of the condition mentioned under Section 271(1)(c) of the Act are writ large on the face of the order of the Assessing Officer as well as the first appellate authority. The authorities concurrently rejected the explanation offered by the assessee.'The Court confirmed that the penalty under Section 271(1)(c) can be imposed even in absence of wilful concealment, provided that the assessee furnished inaccurate particulars or concealed income. The appellant's failure to verify asset existence before claiming depreciation and subsequent reversal of the claim upon discovery of irregularities justified the penalty. Procedural objections regarding the notice were rejected due to absence of prejudice and late raising of the issue.