2025 (5) TMI 1955 - AT - Income Tax

Tax Penalties Waived: Elderly Father's Cash Gift and Land Compensation Income Exempted Under Genuine Hardship Principles

Nadeem Ahmad Khan Versus Deputy/Assistant Commissioner of Income Tax, Central Circle Income Tax Office, Dehradun

The SC Tribunal addressed two key tax penalty issues during demonetization: (1) cash receipt from an elderly father without prescribed declaration, and ... Penalty orders passed u/s 271D and 270A - taxability of interest on land compensation received from the Government and Government Authorities - receipt of cash during the demonetization period HELD THAT:- We are convinced with the submissions of the Ld. AR that there are reasonable causes for such default/failure. Since the section 274 of the Act mandate that the AO shall hear the assessee before levying any penalty under Chapter XXI of the Act. Thus, the ambit of reasonable cause as envisaged in section 273B of the Act gets widened to section 270A of the Act also though the same is not specifically provided in section 273B of the Act. Thus these cases are not fit for levying penalties as there are reasonable causes for such default/failure. Accordingly, both penalties levied u/s 270A and 271D of the Act are hereby deleted after setting aside both impugned orders. Assessee appeal allowed. 1. ISSUES PRESENTED and CONSIDEREDThe core legal questions considered by the Tribunal in these appeals are:Whether the penalty under section 271D of the Income Tax Act, 1961, amounting to Rs. 15,00,000/- imposed on the assessee for receipt of cash during the demonetization period without prescribed declaration is justified, considering the circumstances of the cash receipt from the assessee's father;Whether the penalty under section 270A of the Act, amounting to Rs. 3,55,111/-, levied on the interest income received on land compensation from the National Highways Authority of India (NHAI) is justified, given the assessee's claim of exemption on the entire amount including interest;The applicability and scope of 'reasonable cause' as a defense against penalty imposition under sections 271D and 270A of the Act;The correct tax treatment of interest received on land compensation from government authorities, and whether the assessee's bonafide belief in exemption can absolve penalty liability under section 270A;The procedural requirement under section 274 of the Act mandating hearing before penalty imposition and its effect on the validity of penalties levied.2. ISSUE-WISE DETAILED ANALYSISIssue 1: Penalty under Section 271D for Receipt of Cash during Demonetization PeriodRelevant Legal Framework and Precedents: Section 271D of the Income Tax Act penalizes receipt of cash exceeding Rs. 20,000/- without prescribed declaration during the demonetization period. The penalty is equal to the amount of cash received. However, the Act provides for relief if the assessee can establish 'reasonable cause' for such receipt.Court's Interpretation and Reasoning: The Tribunal noted that the cash of Rs. 15,00,000/- was received by the assessee from his father, who was approximately 75 years old at the time and unable to visit the bank due to heavy rush during demonetization. The father entrusted his entire cash savings to the assessee for deposit in the bank account. The AO accepted the genuineness of the cash receipt and made no addition to income, indicating no suspicion of tax evasion or malafide intent.Key Evidence and Findings: The AO's acceptance of the genuineness of the cash and the absence of any addition to income was a critical factual finding. The assessee's explanation of the father's inability to visit the bank counters and the resultant handing over of cash was supported by the circumstances of demonetization.Application of Law to Facts: The Tribunal applied the principle of 'reasonable cause' as envisaged under section 273B of the Act and extended its ambit to penalties under section 271D, despite no explicit mention. The Tribunal emphasized that since section 274 mandates a hearing before penalty imposition, the scope of reasonable cause must be construed liberally to avoid penalizing genuine hardship or technical defaults.Treatment of Competing Arguments: The Revenue relied on the strict language of section 271D to justify penalty imposition. The Tribunal, however, found that the facts demonstrated no tax avoidance or concealment but a technical default due to genuine hardship faced by the elderly father during demonetization.Conclusions: The penalty under section 271D was deleted on the ground of reasonable cause and absence of malafide intent, setting aside the impugned order.Issue 2: Penalty under Section 270A on Interest Income from Land CompensationRelevant Legal Framework and Precedents: Section 270A penalizes under-reporting or misreporting of income. The taxability of interest on land compensation paid by government authorities has been subject to divergent judicial opinions, with some decisions holding such interest exempt and others taxable. The assessee claimed exemption on the entire amount, including interest, based on these conflicting precedents.Court's Interpretation and Reasoning: The Tribunal recognized the existence of contradictory judicial decisions on the taxability of interest on land compensation. The assessee's claim was made in bonafide belief of exemption, supported by various judicial pronouncements. The AO accepted the exemption of principal land compensation but taxed the interest portion, leading to penalty under section 270A for under-reporting.Key Evidence and Findings: The assessee's return declared the income excluding the interest on land compensation, relying on judicial precedents. The AO's assessment taxed the interest, but no concealment or intention to evade tax was found.Application of Law to Facts: The Tribunal applied the principle that bona fide belief based on conflicting judicial precedents constitutes reasonable cause for non-disclosure or misreporting, thereby negating penalty liability under section 270A. The Tribunal also noted the procedural safeguards under section 274 requiring hearing before penalty imposition.Treatment of Competing Arguments: The Revenue contended that the interest was taxable and that failure to disclose it correctly warranted penalty. The Tribunal found that the assessee's reliance on contradictory judicial decisions and bonafide belief negated any intention to evade tax.Conclusions: The penalty under section 270A was deleted as the default was due to reasonable cause arising from genuine bonafide belief and conflicting judicial opinions.Issue 3: Scope of 'Reasonable Cause' and Procedural Requirements under Sections 273B and 274Relevant Legal Framework and Precedents: Section 273B allows waiver of penalty if the assessee proves reasonable cause for failure or default. Section 274 mandates that the Assessing Officer shall hear the assessee before levying any penalty under Chapter XXI of the Act. Although section 273B does not explicitly mention section 270A, the Tribunal considered its principles applicable.Court's Interpretation and Reasoning: The Tribunal held that the ambit of reasonable cause under section 273B must be read in conjunction with section 274's procedural safeguards, thereby widening its scope to penalties under section 270A and 271D. The Tribunal emphasized that penalties are not to be levied mechanically but after considering the genuineness of the cause for default.Key Evidence and Findings: The Tribunal found that the assessee was heard and had explained the reasons for default, which were genuine and not attributable to malafide intent or tax evasion.Application of Law to Facts: Applying these principles, the Tribunal concluded that penalties under sections 270A and 271D were not justified as reasonable cause existed and procedural safeguards were not fully complied with.Treatment of Competing Arguments: The Revenue's strict approach was rejected in favor of a more equitable interpretation that protects genuine taxpayers from harsh penalties.Conclusions: The Tribunal set aside the penalty orders, holding that reasonable cause existed and the procedural requirements mandated careful consideration before penalty imposition.3. SIGNIFICANT HOLDINGSThe Tribunal crystallized the following principles and determinations:'The ambit of reasonable cause as envisaged in section 273B of the Act gets widened to section 270A of the Act also though the same is not specifically provided in section 273B of the Act.''These cases are not fit for levying penalties as there are reasonable causes for such default/failure.''The penalty under section 271D was levied for a technical default without malafide or tax avoidance, and the genuine hardship faced by the assessee and his elderly father during demonetization period constitutes reasonable cause.''The assessee's bonafide belief based on contradictory judicial decisions regarding taxability of interest on land compensation negates the element of concealment or misreporting required for penalty under section 270A.'Accordingly, the Tribunal allowed both appeals by deleting penalties under sections 271D and 270A, setting aside the impug