2018 (7) TMI 812 - AT - Income Tax

Tribunal upholds penalty for inaccurate income particulars despite procedural defects

The Tribunal upheld the penalty imposed under section 271(1)(c) for furnishing inaccurate particulars of income. Despite a defective notice, the penalty ... Penalty order passed under s.271(1)(c) - not mentioning the specific charge in the notice issued u/s 274 - assessee has claimed exemption u/s 54G though ineligible - Held that:- There is no ambiguity that there was no specific charge mentioned by the AO in the notice issued u/s 274 of the Act whether it was levied on account of concealment of income or furnishing inaccurate particulars of income. But on perusal of the penalty order we note that the penalty was levied on account of furnishing inaccurate particulars of income. Therefore, we are of the view that the lower authorities was conscious while levying the penalty in the order u/s 271(1)(c) of the Act. Therefore, the penalty proceedings cannot be held invalid merely on the ground that the notice does not specify the specific charge for levying the penalty. Not mentioning the specific charge in the notice issued u/s 274 of the Act cannot vitiate the penalty proceedings u/s 271(1)(c) of the Act. See SNITA TRANSPORT (P.) LTD. VERSUS. ASSISTANT COMMISSIONER OF INCOME-TAX [2012 (12) TMI 981 - HIGH COURT OF GUJARAT] In the case on hand, the assessee was well aware of all the provisions of Act and accordingly, he has rightly claimed the deduction u/s 54EC of the Act. The assessee in the instant case has claimed the deduction u/s. 54G of the Act against the transfer of agriculture land, which was not notified for the purpose of Section 54G of the Act. Thus the deduction claimed under section 54G of the Act is contrary to the provisions of law. In the given facts & circumstances the assessee cannot take the shelter of the ignorance of the provisions of law. Similarly, the assessee agreed to such addition in the proceedings under section 263 of the Act, cannot be the ground for not levying the penalty. Thus the assessee was guilty of furnishing the inaccurate particulars of income. Therefore, we do not find any infirmity in the order of lower authorities. - decided in favour of revenue Issues Involved:1. Validity of the penalty order based on defective notice under section 274 of the Income Tax Act.2. The principle of natural justice and consideration of written submissions.3. Merits of penalty confirmation for incorrect deduction claims under sections 54EC and 54G.4. Impact of proceedings under section 263 and the agreement with Pr. CIT on penalty imposition.5. Consideration of case laws and legal precedents in penalty confirmation.Detailed Analysis:1. Validity of the Penalty Order Based on Defective Notice Under Section 274:The assessee argued that the notice issued under section 274 read with section 271(1)(c) of the Income Tax Act was defective as it did not specify the exact charge of either concealment of income or furnishing inaccurate particulars. The Tribunal noted that although the notice did not specify the charge, the penalty order was clear that the penalty was levied for furnishing inaccurate particulars of income. The Tribunal relied on the jurisdictional High Court's judgment in Snita Transport Pvt. Ltd. vs. ACIT, which held that non-specification of the charge in the notice does not invalidate the penalty proceedings if the final order clearly states the charge. Therefore, the Tribunal concluded that the penalty proceedings were valid despite the defective notice.2. Principle of Natural Justice and Consideration of Written Submissions:The assessee contended that the CIT(A) violated the principles of natural justice by not properly considering the written submissions. The Tribunal reviewed the CIT(A)'s order and found that the CIT(A) had indeed considered the assessee's submissions but concluded that the penalty was justified based on the facts and legal provisions. The Tribunal did not find any procedural lapses or violations of natural justice in the CIT(A)'s order.3. Merits of Penalty Confirmation for Incorrect Deduction Claims Under Sections 54EC and 54G:The assessee claimed deductions under sections 54EC and 54G for long-term capital gains from the sale of non-agricultural land. The deduction under section 54G was disallowed as the land was not in a notified urban area, and the new asset was in an urban area, violating the conditions of section 54G. The Tribunal noted that the assessee was aware of the provisions and had claimed the deduction contrary to the law. The Tribunal referred to the Supreme Court's judgment in MAK Data (P) Ltd. vs. CIT, which held that voluntary disclosure does not absolve the assessee from penalty if the disclosure is made after detection by the AO. The Tribunal upheld the penalty, stating that the assessee furnished inaccurate particulars of income.4. Impact of Proceedings Under Section 263 and Agreement with Pr. CIT on Penalty Imposition:The assessee argued that the penalty should not be levied as they agreed to the addition during section 263 proceedings with the understanding that no penalty would be imposed. The Tribunal clarified that agreeing to an addition does not preclude the imposition of penalty if the conditions for penalty are met. The Tribunal cited the Supreme Court's judgment in MAK Data (P) Ltd. vs. CIT, emphasizing that penalty can still be levied even if the assessee agrees to the addition to avoid litigation.5. Consideration of Case Laws and Legal Precedents in Penalty Confirmation:The assessee cited various case laws, including Price Waterhouse Coopers Pvt. Ltd. and Reliance Petroproducts Pvt. Ltd., to argue against the penalty. The Tribunal distinguished these cases, noting that in those cases, the claims were inadvertently omitted or disclosed in the tax audit report, unlike the present case where the claim was contrary to the law. The Tribunal reiterated that ignorance of law is not a valid defense for incorrect claims and upheld the penalty based on the facts and legal provisions.Conclusion:The Tribunal dismissed the appeal, confirming the penalty imposed under section 271(1)(c) for furnishing inaccurate particulars of income. The Tribunal held that the defective notice did not invalidate the penalty proceedings, the principles of natural justice were not violated, and the assessee's claims were contrary to the law, justifying the penalty. The Tribunal also clarified that agreeing to an addition does not preclude penalty imposition and distinguished the cited case laws based on the facts of the case.