2025 (11) TMI 171 - HC - Income Tax

Ad-interim relief stays Chapter XXI penalty proceedings; s.275(1)(a) bars penalty while assessment is on appeal

Maharashtra State Electricity Transmission Company Limited Versus Assessment Unit & Ors.

HC granted ad-interim relief, finding a strong prima facie case and that the balance of convenience favored the petitioner, and directed the penalty ... Penalty u/s 271(1)(c) - main quantum proceedings, the Petitioner has already filed an Appeal before the ITAT which is pending - HELD THAT:- As per provisions of Section 275(1)(a) of the Income Tax Act, 1962 as it stood prior to its amendment on 1st April 2025. As decided by this Court in R.B. Shreeram Durgaprasad [2015 (12) TMI 569 - BOMBAY HIGH COURT] wherein this Court has taken a view that the order imposing a penalty cannot be passed if the Appeal against the basic order of assessment is pending before the Competent superior Authority. He, therefore, submitted that the Petition be allowed, the impugned order be set aside, and the matter be remanded back to the Assessing Officer with a direction that the penalty proceedings be kept in abeyance until the Appeal filed by the Petitioner against the main quantum proceedings is decided by the ITAT. Revenue sought time to file an affidavit-in-reply to the above Writ Petition. Acceding to his request, we direct that the affidavit-in-reply, if any, shall be filed on or before 12th November 2025 and a copy of the same shall be served on the advocates for the Petitioner immediately thereafter. Ad-interim relief - We find considerable force in the argument canvassed on behalf of the Petitioner. Section 275(1)(a) stipulates that no order imposing a penalty under Chapter XXI shall be passed in a case where the relevant assessment or other order is the subject matter of an Appeal inter alia before the Appellate Tribunal, and the time to pass the penalty order is 6 months from the end of the month in which the order of the Appellate Tribunal is received by the Principal Commissioner or Commissioner. Provisions of Section 275(1)(a) came up for consideration before a Division Bench of this Court in R.B. Shreeram Durgaprasad (supra). After analyzing the said provisions, this Court inter alia held that the language of Section 275(1)(a) clearly shows that the order imposing penalty cannot be passed if the Appeal against the basic order of assessment is pending before the Competent superior Authority. We are of the view that the Petitioner has made out a strong prima facie case for grant of ad-interim relief. Further, we are also of the view that the balance of convenience lies in favour of the Petitioner, especially considering that the penalty order seeks to recovery approximately Rs. 101 Crores from the Petitioner who is a State Electricity Transmission Company. ISSUES PRESENTED AND CONSIDERED 1. Whether an order imposing penalty under Section 271(1)(c) can be validly passed while an appeal against the underlying assessment/order is pending before the Appellate Tribunal, having regard to Section 275(1)(a) as it stood prior to amendment on 1 April 2025. 2. Whether interim relief restraining implementation and recovery under the impugned penalty order is warranted pending adjudication of the writ petition, having regard to prima facie merits, balance of convenience and potential irreparable injury. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Validity of penalty order under Section 271(1)(c) during pendency of appeal before ITAT Legal framework: Section 275(1)(a) (pre-amendment) provides that no order imposing a penalty under Chapter XXI shall be passed where the relevant assessment or other order is the subject matter of an appeal inter alia before the Appellate Tribunal; further, the time to pass the penalty order is six months from the end of the month in which the order of the Appellate Tribunal is received by the Principal Commissioner or Commissioner, or such later period as specified. Precedent treatment: A Division Bench ruling of this Court in R.B. Shreeram Durgaprasad was relied upon and applied. That decision was followed: it held that the plain language of Section 275(1)(a) precludes imposition of penalty while an appeal against the basic assessment order is pending before the superior appellate authority (ITAT), and that notices and penalty orders issued during pendency of such appeal are premature, illegal and without jurisdiction. Interpretation and reasoning: The Court examined the statutory text and the precedent to conclude that the scheme of Section 275(1)(a) contemplates that penalty proceedings are to await finality (or at least the adjudication) of the assessment order by the Appellate Tribunal when an appeal is pending. The reasoning emphasises (a) the explicit statutory bar in Section 275(1)(a) on passing penalty orders while appeals to superior authorities are pending, and (b) the practical consequences where the assessing addition forming the foundation of penalty may later be deleted by the Tribunal-rendering earlier penalty adjudication premature and unjustified. The Court treated the precedent's factual exposition (illustrating how a Tribunal's subsequent deletion of an addition would have precluded a valid penalty had the penalty authority awaited the Tribunal) as directly analogous and instructive. Ratio vs. Obiter: The holding that a penalty order passed during the pendency of an appeal before the Appellate Tribunal is premature and without jurisdiction is treated as ratio decidendi insofar as it interprets the mandatory effect of Section 275(1)(a). Observations regarding specific paragraphal defects in historic penalty orders (e.g., failure to record findings of concealment for particular years) are explanatory and supportive of the ratio but not necessary to the statutory interpretation; such factual observations are obiter insofar as they address particulars of prior cases rather than the statutory rule. Conclusion on Issue 1: The Court found a strong prima facie case that the impugned penalty order was vulnerable under Section 275(1)(a) as interpreted by the cited Division Bench authority; accordingly, the penalty could not validly be enforced while the appeal against the assessment remained pending before the Tribunal. Issue 2 - Grant of ad-interim relief restraining recovery/implementation of penalty Legal framework: Principles governing interim relief include consideration of prima facie case, balance of convenience, and risk of irreparable injury. The Court applied these principles to an application seeking a stay/restraining order against steps to enforce a large monetary penalty. Precedent treatment: The Court relied on the reasoning and outcome in the cited Division Bench decision to assess the strength of the prima facie case on legality of the penalty. No contrary authority was treated as displacing that precedent for interim purposes. Interpretation and reasoning: The Court found the petitioner established a strong prima facie case that the penalty was impermissible while the assessment appeal is pending under Section 275(1)(a). The balance of convenience favoured the petitioner because the penalty sought recovery of a very large sum (approximately Rs. 101 crores) from a public utility (State Electricity Transmission Company), and immediate recovery would cause substantial hardship and potentially render any eventual favourable outcome illusory. The Court concluded that the risk of irreparable harm from enforcement outweighed any prejudice to revenue in maintaining the status quo pending filing of the affidavit-in-reply and further hearing. Ratio vs. Obiter: The direction granting ad-interim restraint on steps to enforce the impugned order is an order in the cause based on the application of interlocutory principles to the facts; the legal ratio supporting interim relief is the established tripartite test (prima facie case, balance of convenience, irreparable injury). Observations about the size of recovery and identity of the payor as a State utility are factual considerations informing the balance of convenience rather than novel legal propositions. Conclusion on Issue 2: The Court granted ad-interim relief restraining respondents from taking any steps pursuant to the impugned penalty order until further orders, having found that the petitioner has made out a strong prima facie case and that the balance of convenience and risk of irreparable harm favour interim protection; the matter was listed for further hearing on ad-interim reliefs with directions for the respondents to file an affidavit-in-reply by a fixed date. Cross-references and ancillary points 1. The Court expressly proceeded on the basis of Section 275(1)(a) as it stood prior to its amendment on 1 April 2025, and applied the pre-amendment scheme in assessing both the substantive challenge to the penalty and the interim relief application. 2. The Court noted that notices initiating penalty proceedings issued during the pendency of the appeal evidenced non-application of mind to the statutory bar under Section 275(1)(a), supporting the conclusion of prematurity and lack of jurisdiction in such circumstances (cross-referencing the precedent analysis). 3. Procedural directions were given for filing of an affidavit-in-reply and for listing the matter for further consideration of ad-interim reliefs; the Court indicated the petition might be finally disposed of at that stage if time permits.