Penalties under Sections 271(1)(c) and 271B require independent proof, not automatic on addition confirmation

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The ITAT reversed the lower authorities' imposition of penalties under sections 271(1)(c) and 271B of the Income-tax Act. It held that confirmation of quantum additions in assessment proceedings does not mandate automatic levy of penalty, as penalty proceedings require independent adjudication with a distinct burden of proof. The tribunal found no specific finding of concealment of income in the penalty orders, rendering the penalty under section 271(1)(c) unsustainable. Regarding penalty under section 271B for failure to audit accounts, the tribunal accepted the assessee's reasonable cause, noting its registration under section 12A and denial of exemption benefits, thereby justifying non-compliance with section 44AB. Consequently, all penalties were directed to be deleted, and the appeals of the assessee were allowed.....