2022 (5) TMI 857 - AT - Income Tax

Tribunal cancels penalty on Assessee for disallowed business promotion expenses due to vague notices

Vishnu And Co. Trademarks P. Ltd. Versus ACIT, Circle-26 (2), New Delhi

Vishnu And Co. Trademarks P. Ltd. Versus ACIT, Circle-26 (2), New Delhi - TMI Issues:- Disallowance of business promotion expenses- Imposition of penalty for concealment/furnishing inaccurate particulars of income- Validity of penalty notices issued by the Assessing Officer- Merits of the case regarding penalty impositionAnalysis:1. Disallowance of Business Promotion Expenses: The Assessee claimed expenses of Rs. 48,53,671 under 'business promotion expenses,' disallowed by the Assessing Officer (AO) due to lack of proof of business expediency. The AO imposed a penalty for concealment of income, which was confirmed by the Commissioner. The Assessee challenged this disallowance and penalty order on various grounds.2. Imposition of Penalty: The Assessee contended that the penalty notices issued by the AO were vague and did not specify the particular limb of the penalty, making the penalty unjustifiable. The Assessee cited judgments of the Hon'ble Apex Court and High Courts to support this argument. The Revenue, on the other hand, supported the orders passed by the authorities below.3. Validity of Penalty Notices: The Tribunal analyzed the legal issue of whether the penalty could be justified based on the vague notices issued by the AO. Citing judgments like M/s. SSA's Emerald Meadows and Manjunatha Cotton & Ginning Factory, the Tribunal emphasized the importance of specifying the relevant limb under which the penalty proceedings are initiated. The Tribunal found that the notices issued in this case lacked specificity and were issued in a stereotyped manner without proper application of mind, rendering them invalid for imposing a penalty.4. Merits of the Case: The Tribunal further examined the merits of the case and found that the Assessee's claim, though disallowed, did not amount to deliberate defiance of law or dishonest conduct. Referring to the case law of Reliance Petro Products Pvt. Ltd., the Tribunal concluded that the penalty imposed for the disallowed expenditure was not sustainable. Therefore, the Tribunal decided to delete the penalty imposed by the AO and affirmed by the Commissioner.5. Final Decision: After thorough analysis, the Tribunal allowed the appeal filed by the Assessee, setting aside the penalty order. The Tribunal ordered the Assessing Officer to cancel the penalty levied, considering the invalidity of the penalty notices and the lack of merit in imposing the penalty for the disallowed business promotion expenses.This detailed analysis of the judgment highlights the key issues, legal arguments, precedents cited, and the ultimate decision reached by the Tribunal in favor of the Assessee.