1976 (9) TMI 23 - HC - Income Tax

Court upholds penalty on unregistered firm under Income-tax Act despite assessment as registered

The court upheld the penalty imposition on an unregistered firm under section 271(1)(a) of the Income-tax Act, despite the firm being treated as ... Chargeable To Tax, Failure To File Return, Levy Of Penalty, Registered Firm, Total Income, Unregistered Firm Issues:1. Imposition of penalty under section 271(1)(a) on an unregistered firm.2. Interpretation of section 183(b) of the Income-tax Act.3. Application of section 271(2) regarding penalty on registered and unregistered firms.4. Analysis of section 271(3)(a) in relation to failure to furnish a return of total income.Detailed Analysis:1. The primary issue in this case revolves around the imposition of a penalty under section 271(1)(a) on an unregistered firm. The firm in question failed to file its income tax return within the stipulated time frame, leading to penalty proceedings initiated by the Income-tax Officer. The Appellate Assistant Commissioner reduced the penalty to 10% of the tax payable due to disputes among partners causing the delay. However, the Tribunal upheld the penalty, considering the firm as unregistered for penalty purposes, despite being treated as registered under section 183(b) of the Act.2. Section 183(b) of the Income-tax Act empowers the Income-tax Officer to assess an unregistered firm as if it were a registered firm if it would result in a higher tax liability. This provision aims to prevent tax avoidance by firms not seeking registration. In this case, the firm was treated as registered under section 183(b) for assessment purposes, but the Tribunal deemed it necessary to treat the firm as unregistered specifically for the imposition of the penalty under section 271(1)(a).3. Section 271(2) of the Act addresses the penalty imposition on registered and unregistered firms. It stipulates that even if a firm is registered or assessed under section 183(b), the penalty imposed shall be equivalent to that on an unregistered firm. Therefore, despite the firm being treated as registered for assessment, the penalty is to be levied as if it were an unregistered firm, as per the provisions of section 271(2).4. The application of section 271(3)(a) was considered in the context of failure to furnish a return of total income. This provision exempts penalty imposition on an assessee whose total income does not exceed a specified amount. However, it was clarified that this provision is not applicable to cases of delayed returns, as in the present scenario. Therefore, section 271(3)(a) did not hinder the levy of penalty in this case. Ultimately, the court upheld the penalty imposition on the firm, ruling in favor of the department and dismissing the appeal brought by the assessee.