2025 (10) TMI 1092 - AT - Income Tax

Penalty under Section 270A set aside where revised return disclosed facts and immunity under Section 270AA applied

ITAT COCHIN - AT set aside the penalty under section 270A, holding that there was no misrepresentation or suppression of facts where the assessee filed a ... Penalty u/s 270A(1) r.w.s. 270A(9) - misreporting of income in terms of Section 270A(9) of the Act which deals with misrepresentation or suppression of facts - HELD THAT:- We find that in the present case there was misrepresentation or suppression of facts by the Assessee. Assessee had made claim for enhanced exemption by way of filing a revised returned of income. Thus, all the material/relevant facts were disclosed by the Assessee. It cannot be said that the Assessee had made any misrepresentation or had suppressed any facts. As explain by the Assessee that the enhanced claim of deduction in respect of gratuity receipts was made on the basis of bonafide belief that the Assessee was entitle for the same. It is admitted position that when the enhanced claim was rejected by the AO, the Assessee has accepted the assessment order and paid the additional tax demand. Therefore, we hold that (a) the AO erred in concluding that Assessee had misreported income; and (b) even if the Assessee is held to have underreported income, the benefit of immunity under Section 270AA of the Act should be extended to the Assessee since the Assessee had paid additional tax demand and had not filed appeal against the Assessment Order. Appeal preferred by the Assessee is allowed. 1. ISSUES PRESENTED AND CONSIDERED 1. Whether penalty under Section 270A of the Income Tax Act, 1961 can be levied for misreporting/misrepresentation where the assessee claimed enhanced exemption under Section 10(10) on a bona fide belief. 2. Whether the facts disclose 'misrepresentation or suppression of facts' within meaning of Section 270A(9) where the assessee revised the return to claim higher exemption and disclosed relevant material. 3. If underreporting of income is found, whether immunity under Section 270AA is available where the assessee has paid the additional tax demand and has not filed an appeal against the assessment order. 4. Whether penalty proceedings can be sustained where the assessee accepted the assessment, paid tax, and the claim was a bona fide but untenable legal position (interaction of bona fide belief, mens rea, and liability for penalty). 2. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Legality of levy of penalty under Section 270A for claimed enhanced exemption on bona fide belief Legal framework: Section 270A imposes penalty for under-reporting and misreporting of income; Section 270A(9) addresses misrepresentation or suppression of facts. The law distinguishes bona fide claims from deliberate misstatements. Precedent Treatment: Parties relied on authorities recognizing that penalty is not leviable where additions arise from bona fide claims or bona fide errors and that mens rea/contumacious conduct is relevant; Tribunal considered these principles in evaluating whether misreporting was established. Interpretation and reasoning: The Tribunal found the assessee filed a revised return claiming enhanced exemption and disclosed the material facts; the enhanced claim was made on a bonafide belief in entitlement. The Tribunal held that mere preference of a claim unacceptable to the Revenue does not ipso facto constitute misreporting or misrepresentation. Absent evidence of deliberate concealment or suppression, the element of misrepresentation under Section 270A(9) is not established. Ratio vs. Obiter: Ratio - Where an assessee makes a bona fide claim for exemption and discloses all material facts, such conduct does not amount to misrepresentation or suppression under Section 270A(9), and penalty for misreporting cannot be sustained on that basis. Obiter - References to wider jurisprudence on mens rea and bonafide mistakes serve as explanatory context. Conclusions: Penalty under Section 270A for misreporting was not sustainable on the facts because there was no misrepresentation or suppression of facts; the claim stemmed from a bonafide belief and the relevant facts were disclosed. Issue 2 - Whether conduct constituted misrepresentation or suppression of facts under Section 270A(9) Legal framework: Section 270A(9) penalizes misrepresentation or suppression of facts; assessment of this state requires material non-disclosure, falsity, or deliberate concealment rather than mere legal incorrectness of a claim. Precedent Treatment: The Tribunal applied the principle that disclosure of material facts and acceptance of assessment upon correction weakens any finding of suppression or misrepresentation. Interpretation and reasoning: The assessee initially claimed INR 10,00,000 and then revised the return claiming INR 20,00,000; the revision and disclosure of facts were on record. The Tribunal emphasized that the Assessing Officer erred in equating an incorrect legal position with misrepresentation. Since all material facts were furnished and no deliberate concealment was shown, misrepresentation was not proved. Ratio vs. Obiter: Ratio - Misrepresentation or suppression under Section 270A(9) requires non-disclosure or deliberate concealment of material facts; transparent revision and disclosure negate such a finding. Obiter - Discussion of procedural aspects of show-cause notice and scope of allegations was not necessary to decision. Conclusions: The facts did not satisfy the ingredients of misrepresentation or suppression under Section 270A(9); therefore the penalty on that ground could not stand. Issue 3 - Applicability of immunity under Section 270AA where additional tax is paid and no appeal is filed Legal framework: Section 270AA provides for immunity from penalty under Section 270A if conditions (such as payment of additional tax and non-filing of appeal against assessment) are met; applicability depends on whether the underlying default is of a kind covered by the immunity provision. Precedent Treatment: The Tribunal considered statutory grant of immunity and distinguished cases where immunity is denied for misreporting/misrepresentation that is deliberate; it treated Section 270AA as operative where the assessee meets its conditions and the default is not excluded. Interpretation and reasoning: The Tribunal observed that even if the assessee was held to have underreported, the assessee had accepted the assessment, paid the additional tax demand, and did not file appeal against the assessment order. On that basis, the conditions for immunity under Section 270AA were satisfied. Because the Tribunal found no misrepresentation in any event, and alternatively held entitlement to immunity, penalty had to be deleted. Ratio vs. Obiter: Ratio - Where an assessee pays the additional tax demand and does not appeal the assessment, immunity under Section 270AA applies to under-reporting, barring established exclusions; this entitles the assessee to relief from penalty under Section 270A. Obiter - Remarks as to interplay with deliberate misrepresentation cases are explanatory. Conclusions: Benefit of immunity under Section 270AA was available and, together with the absence of misrepresentation, required deletion of the Section 270A penalty. Issue 4 - Interaction of bona fide belief, mens rea, and standard for imposing fiscal penalties Legal framework: Principles governing imposition of fiscal penalties require culpability such as mens rea, contumacious conduct, or deliberate suppression; bona fide error or bona fide legal position normally weighs against imposition of penalty. Precedent Treatment: The Tribunal relied on established tenets that penalties are not justified for bona fide mistakes and that benefit of doubt is typically given to the assessee in fiscal penalty contexts. While specific case law cited by parties was noted, the Tribunal applied the general doctrine rather than adopting or overruling particular judgments. Interpretation and reasoning: The Tribunal applied these principles to conclude that an untenable but bona fide legal claim for enhanced exemption, disclosed in the return (and later retracted by acceptance of assessment), did not exhibit the conscious disregard or deliberate suppression necessary for penalty. The Tribunal further noted that acceptance of the assessment and payment of tax reinforced absence of contumacious conduct. Ratio vs. Obiter: Ratio - In fiscal penalty proceedings, bona fide belief and absence of mens rea/contumacious conduct are relevant and can preclude imposition of penalty under Section 270A. Obiter - Discussion of specific external authorities cited by parties serves as supporting context and was not necessary to the core decision. Conclusions: The Tribunal held that bona fide belief and absence of deliberate suppression negated the basis for penalty; accordingly, the penalty was deleted. Cross-references and Outcome Cross-reference: Issues 1-4 are interlinked - absence of misrepresentation (Issue 2) and bona fide belief (Issue 4) inform the legal sustainability of penalty (Issue 1) and the availability of immunity under Section 270AA (Issue 3). Final conclusion: The Tribunal held that the conditions for penalty under Section 270A(1) read with Section 270A(9) were not satisfied as there was no misrepresentation or suppression; alternatively, the assessee was entitled to immunity under Section 270AA upon payment of additional tax and non-filing of appeal. The penalty of INR 2,20,000 under Section 270A was deleted.