2025 (8) TMI 1642 - AT - Income Tax

Penalty under s.271(1)(c) unsustainable where reassessment under s.143 r.w.s.147 led to additions based on estimated profit

Gautam Tajraj Shah Versus ITO, Ward-19 (1) (1), Mumbai

Gautam Tajraj Shah Versus ITO, Ward-19 (1) (1), Mumbai - TMI ISSUES PRESENTED AND CONSIDERED 1. Whether penalty under section 271(1)(c) can be sustained where the assessing officer made additions to income on an estimated basis (profit element estimated) without disproving corresponding sales? 2. Whether a penalty notice under section 271(1)(c) is vitiated when the printed show-cause notice is not amended to strike out non-applicable limbs and thereby renders the notice vague? 3. Whether delay in filing the appeal should be condoned where the appellant demonstrates bona fide incapacity (medical reasons) and missed electronic communication of the appellate order? ISSUE-WISE DETAILED ANALYSIS Issue 1 - Sustenance of penalty where additions are made on estimated basis Legal framework: Penalty under section 271(1)(c) is attracted where the assessee is shown to have furnished inaccurate particulars of income or concealed income. A necessary precondition for imposition is proof of inaccuracy or concealment beyond merely an estimated adjustment. Precedent treatment: The Tribunal followed earlier Tribunal precedents holding that penalty under section 271(1)(c) is not attracted where additions are made on an estimated basis. The decision also relied on High Court authority holding that defects in penalty proceedings (see Issue 2) can vitiate levy of penalty. Interpretation and reasoning: The assessing officer reopened assessment and made an estimated addition of 12.5% of certain purchases as presumed profit element (Rs. 24,19,413) on the basis of information suggesting bogus purchases. The Tribunal found that the assessment addition was based on estimation of profit element without disproving the corresponding sales shown by the assessee. Because the addition arose from estimation rather than affirmative proof that the assessee furnished inaccurate particulars, the essential ingredient for invoking section 271(1)(c) - furnishing inaccurate particulars or deliberate concealment - was not established. Ratio vs. Obiter: Ratio - Penalty under section 271(1)(c) cannot be levied where the impugned addition is an estimated adjustment of profit element and there is no independent proof that the particulars furnished were inaccurate or that there was concealment. Obiter - General observations on the use of DGIT(Inv.) information to reopen assessment were not necessary for the disposition and remain incidental. Conclusion: The penalty levied qua the estimated addition is unsustainable and must be set aside. Issue 2 - Vague notice: failure to strike non-applicable limbs of the printed section 271(1)(c) notice Legal framework: Show-cause notices initiating penalty proceedings must clearly indicate the basis and limb under which penalty is proposed; vagueness or inclusion of non-applicable parts of a printed form can vitiate proceedings if it results in prejudice or fails to inform the assessee adequately. Precedent treatment: The Tribunal applied the principle from a High Court decision that non-striking of irrelevant material from a printed penalty notice vitiates the penalty proceedings. The Tribunal also relied on prior Tribunal rulings aligning with that principle. Interpretation and reasoning: The assessing officer issued a printed section 271(1)(c) notice without striking out the non-applicable portions, hence failing to indicate the specific limb invoked. That defect rendered the notice vague. Coupled with the fact that the impugned additions were estimation-based, the Tribunal concluded the notice's vagueness compounded the absence of proof of inaccurate particulars, undermining the validity of the penalty order. Ratio vs. Obiter: Ratio - A penalty notice that contains non-struck irrelevant limbs or is otherwise vague in specifying the statutory limb and allegations will vitiate the penalty proceedings. Obiter - The Tribunal's references to particular language in the printed form or hypotheticals about how striking out could be done are ancillary. Conclusion: The penalty proceedings were vitiated by the vague notice; accordingly, the penalty cannot be sustained on that ground as well. Issue 3 - Condonation of delay in filing appeal Legal framework: Condonation of delay requires demonstration of sufficient cause or bona fide reasons; courts/tribunals prefer deciding matters on merits where adequate cause is shown for delay. Precedent treatment: The Tribunal invoked the established principle that 'sufficient cause' should be interpreted to secure even-handed justice and permit adjudication on merits when bona fide reasons exist for delay. Interpretation and reasoning: The appellant demonstrated that electronic communications relating to the appellate order were missed due to serious medical conditions (COVID-19, heart ailment, heart surgery) rendering the e-mail account inactive and inaccessible. The Tribunal viewed these facts as bona fide sufficient cause and, in the interest of deciding the appeal on merits, condoned the delay. Ratio vs. Obiter: Ratio - Where genuine medical incapacity results in non-receipt or inaccessibility of electronic communication, such circumstances can constitute sufficient cause to condone delay and permit appeal to be heard on merits. Obiter - The Tribunal's specific calculation of days condoned is procedural and not a general principle beyond the facts. Conclusion: Delay in filing the appeal was condoned and the appeal admitted for hearing on merits. Overall disposition and cross-references Given that (a) the addition was an estimated adjustment of profit element without disproving corresponding sales (Issue 1), and (b) the penalty notice was rendered vague by failure to strike non-applicable limbs (Issue 2), the Tribunal concluded that the requirements for imposing penalty under section 271(1)(c) were not satisfied and set aside the penalty. The Tribunal also condoned the procedural delay on bona fide medical grounds (Issue 3) to enable adjudication on merits. The Tribunal applied these findings mutatis mutandis to the related assessment year.