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2025 (5) TMI 517 - AT - Income TaxLevying Penalty u/s 271(1)(c) - Estimation of income on bogus purchases - AO has disallowed the entire purchases from one of the concerns of Rajendra Jain Group who were found to have provided accommodation entries by way of bogus purchases and sales to various parties - disallowance was restricted to 5% of the impugned purchase by the CIT(A) - HELD THAT - Addition was sustained on estimation basis. The penalty u/s 271(1)(c) of the Act has been levied on the estimated addition sustained by the CIT(A). As decided in Subhash Trading Co. 1995 (11) TMI 37 - GUJARAT HIGH COURT has held that penalty u/s 271(1)(c) of the Act could not be levied where addition was on estimated basis. ITAT Mumbai in case of Mun Gems 2024 (1) TMI 209 - ITAT MUMBAI has also held that where AO treated entire purchase as bogus based on findings of Investigation Wing and levied penalty u/s 271(1)(c) since payment of purchase had been made through account payee cheques and there was corresponding sales ad hoc GP rate applied on alleged bogus purchases to factor in suppression of alleged gross profit could not be basis of levying penalty for furnishing of inaccurate particulars of income or concealing particulars of income. Since the facts are similar following the above decisions the order of CIT(A) is set aside and grounds of appellant are allowed.
1. ISSUES PRESENTED and CONSIDERED
The core legal questions considered in this appeal are:
2. ISSUE-WISE DETAILED ANALYSIS Delay in Filing Appeal and Condonation of Delay Relevant legal framework and precedents: Section 253(3) of the Income-tax Act prescribes a limitation period of 60 days for filing an appeal before the Tribunal. Courts and Tribunals have consistently held that delay caused due to reasons beyond the appellant's control, especially when substantial justice is at stake, can be condoned. Court's interpretation and reasoning: The Tribunal noted that the delay of 147 days occurred because notices and orders were sent to incorrect email addresses, and the appellant was unaware of the order passed by the CIT(A). Further, the appellant's earlier counsel failed to inform him about the CIT(A) order. The Tribunal found no negligence or deliberate delay on the part of the appellant. Key evidence and findings: The affidavit filed by the appellant detailed the reasons for delay, including incorrect email communication and lack of legal advice. Application of law to facts: The Tribunal applied the principle that when technical considerations conflict with substantial justice, the latter prevails. Given the reasonable cause and absence of mala fide intent, the delay was condoned. Treatment of competing arguments: The revenue argued negligence and lack of diligence, but the Tribunal rejected this, emphasizing the appellant's lack of control over the communication failure. Conclusions: The delay in filing the appeal was condoned, and the appeal admitted for hearing. Levy of Penalty under Section 271(1)(c) for Furnishing Inaccurate Particulars of Income Relevant legal framework and precedents: Section 271(1)(c) penalizes furnishing inaccurate particulars of income or concealment of income. However, judicial precedents, including decisions of the jurisdictional High Court and coordinate Benches of the Tribunal, have held that penalty cannot be levied on additions made on an estimated basis. Key cases relied upon include CIT vs. Subhash Trading Co., CIT vs. Whitelene Chemicals, Deepak Banwarial Agarwal vs. ITO, and M/s Opulent Jewels Pvt. Ltd. Court's interpretation and reasoning: The Tribunal observed that the Assessing Officer disallowed the entire purchases of Rs. 21,49,998/- from M/s Sun Diam, treating them as bogus based on a search operation and investigation. However, the CIT(A) restricted the addition to 5% of the impugned purchases on an estimation basis. The penalty was levied on this estimated addition. The Tribunal emphasized that the penalty under section 271(1)(c) cannot be sustained where the addition is made on an estimated basis and is not based on conclusive evidence of concealment or furnishing inaccurate particulars. Key evidence and findings: The appellant demonstrated that all payments were made through account payee cheques, and the Assessing Officer accepted the genuineness of sales. The CIT(A) reduced the addition drastically, indicating the speculative nature of the disallowance. Application of law to facts: The Tribunal applied the principle from the cited precedents that penalty is not leviable on estimated additions. It also relied on the decision in Mun Gems vs. ACIT, where the Tribunal held that ad hoc gross profit rates applied to alleged bogus purchases cannot form the basis for penalty under section 271(1)(c). Treatment of competing arguments: The revenue contended that since the CIT(A) sustained the addition to the extent of 5%, penalty is justified. The Tribunal rejected this argument, holding that sustaining an estimated addition does not automatically justify penalty for furnishing inaccurate particulars. Conclusions: The Tribunal set aside the penalty order and allowed the appellant's ground challenging the levy of penalty under section 271(1)(c). Validity of Penalty Proceedings and Notice Issued under Section 274 read with Section 271(1)(c) Relevant legal framework and precedents: The procedural validity of penalty proceedings requires proper issuance and service of notices. Non-response to notices can lead to dismissal of appeals for non-prosecution. Court's interpretation and reasoning: The CIT(A) had dismissed the appellant's penalty appeal for non-response to notices. However, the Tribunal accepted the appellant's explanation that notices were sent to incorrect email addresses, leading to non-response. Key evidence and findings: The appellant's affidavit and submissions highlighted the discrepancy in email communication. Application of law to facts: The Tribunal found that the procedural irregularity contributed to the appellant's inability to respond, and this factor was considered in condoning delay and admitting the appeal. Treatment of competing arguments: Revenue opposed condonation, citing negligence, but the Tribunal prioritized substantial justice. Conclusions: The procedural irregularity was acknowledged, and the appellant was given opportunity to contest the penalty on merits. 3. SIGNIFICANT HOLDINGS The Tribunal held:
Core principles established include:
Final determinations:
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