2025 (6) TMI 70 - AT - Income Tax

Penalty proceedings u/s 271(1)(c) - defective notice - not specify the specific charge or violation of particular limb for which the penalty was required to be imposed HELD THAT - As relying on Times Global Broadcasting Ltd 2025 (3) TMI 229 - BOMBAY HIGH COURT delete the penalty imposed u/s 271(1)(c) of the IT Act on the ground of incorrect notice. Appeal filed by the assessee is allowed.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered by the Tribunal in this appeal are as follows:

(a) Whether the notice issued under section 274 read with section 271(1)(c) of the Income-tax Act, 1961 ("the Act") was defective due to failure to specify the precise grounds or limb of violation for which penalty was proposed to be imposed, thereby vitiating the penalty proceedings;

(b) Whether the penalty levied under section 271(1)(c) of the Act was justified and in accordance with the provisions of the Act, considering the facts and circumstances of the case;

(c) Whether the quantum of addition made by the Assessing Officer (AO) to the returned income was correct and whether penalty proceedings emanating from such addition were valid;

(d) Ancillary issues relating to the adequacy of evidence furnished by the assessee to justify the excess receipts declared as repayable to co-investors in a joint land purchase arrangement;

(e) Whether the principles of natural justice and statutory requirements for imposition of penalty under section 271(1)(c) read with section 274 were complied with.

2. ISSUE-WISE DETAILED ANALYSIS

Issue (a): Validity of the Penalty Notice under Section 274 read with Section 271(1)(c)

Relevant legal framework and precedents: Section 271(1)(c) empowers the AO to impose penalty for concealment of particulars of income or furnishing inaccurate particulars of income. Section 274 mandates issuance of a notice specifying the grounds of penalty and providing an opportunity of hearing before imposing penalty. The notice must clearly state the specific charge-whether concealment or furnishing inaccurate particulars-to enable the assessee to effectively respond.

Precedents cited include the Supreme Court decisions in Mak Data Private Limited and D. M. Manasri, which emphasize that the AO's satisfaction recorded in the assessment order suffices for initiation of penalty proceedings, and that the assessee must be given reasonable opportunity of hearing. However, the jurisdictional High Court's Full Bench decision in Mohammed Farhan vs. DCIT and subsequent ruling in DCIT vs. Times Global Broadcasting Ltd. clarified that a vague or omnibus notice failing to specify the exact grounds of penalty (concealment or inaccurate particulars) is defective and vitiates penalty proceedings. The Full Bench held that penalty proceedings must stand on their own and cannot be cured by referring to the assessment order; strict construction of penal provisions demands clarity in notice.

Court's interpretation and reasoning: The Tribunal analyzed the penalty notice issued in the present case and found that it did not specify which limb of section 271(1)(c) was invoked-whether concealment of income or furnishing inaccurate particulars. The notice contained both allegations without ticking the relevant box, creating ambiguity. The Tribunal noted that the assessee was thus deprived of clear knowledge of the case to be met, violating principles of natural justice.

The Tribunal observed that while the AO recorded satisfaction in the assessment order regarding concealment and initiated penalty proceedings accordingly, the statutory notice under section 274 must independently inform the assessee of the grounds of penalty. The Full Bench decision of the Bombay High Court in Mohammed Farhan was found squarely applicable, which held that a mere reference to the assessment order cannot cure a defective notice. The Tribunal rejected the Revenue's reliance on other precedents that allowed initiation of penalty proceedings based on assessment order satisfaction alone.

Treatment of competing arguments: The Revenue argued that the assessment order clearly recorded concealment and that the notice under section 274 was consequential and sufficient. The assessee contended that the notice was vague and defective. The Tribunal sided with the assessee, emphasizing the statutory scheme and the need for explicitness in the notice to meet the penal nature of section 271(1)(c).

Conclusion: The Tribunal held that the penalty notice was defective for non-specification of the precise grounds of penalty, thereby vitiating the penalty proceedings under section 271(1)(c).

Issue (b): Justification and Validity of Penalty Imposed under Section 271(1)(c)

Relevant legal framework and precedents: Section 271(1)(c) penalizes concealment or furnishing inaccurate particulars of income. The AO must establish concealment or inaccuracy beyond reasonable doubt. The penalty amount is linked to the tax sought to be evaded or the amount of income concealed.

Key evidence and findings: The AO found a discrepancy between the sales declared by the assessee and the amounts received, resulting in an addition of Rs. 43,51,400/- as unexplained income. The assessee explained that the excess was repayable to a group of persons jointly purchasing land, not a partnership firm, but failed to provide satisfactory evidence such as bank statements or proof of payments to substantiate this claim.

Court's interpretation and reasoning: The CIT(A) upheld the addition and penalty, noting that the assessee accepted the addition and did not appeal against it, thereby acquiescing to the AO's view. The Tribunal did not disturb the addition but focused on the penalty notice defect.

Treatment of competing arguments: The assessee argued that the penalty was not justified as the notice was defective and the addition was incorrect. The Revenue maintained the penalty was valid given the concealment. The Tribunal, while upholding the addition, allowed the appeal on the ground of defective notice, thereby directing deletion of the penalty.

Conclusion: The penalty was not sustained due to defective notice, despite the correctness of the addition.

Issue (c): Correctness of Quantum Addition and Its Impact on Penalty Proceedings

The addition of Rs. 43,51,400/- was made on the basis of unexplained excess receipts. The assessee's claim that the amount was repayable to co-investors was not supported by conclusive evidence. The Tribunal upheld the addition as justified. Since the penalty proceedings emanated from this addition, the validity of the addition was relevant but did not override the requirement of a valid penalty notice.

Issue (d): Adequacy of Evidence Furnished by Assessee to Justify Excess Receipts

The assessee furnished partial documents such as returns of two persons and some bank statements but failed to conclusively prove that the excess amount was repaid to others. The Tribunal found that the evidence was insufficient to rebut the addition made by the AO.

Issue (e): Compliance with Principles of Natural Justice and Statutory Requirements

The Tribunal noted that the assessee was heard during penalty proceedings and made submissions, satisfying the requirement of opportunity of hearing under section 274. However, the defective notice deprived the assessee of clear information on the grounds of penalty, undermining the principle of fair hearing.

3. SIGNIFICANT HOLDINGS

"The primary burden lies on the Revenue. In the assessment proceedings, it forms an opinion, prima facie or otherwise, to launch penalty proceedings against the assessee. But that translates into action only through the statutory notice under section 271(1)(c), read with section 274 of IT Act. True, the assessment proceedings form the basis for the penalty proceedings, but they are not composite proceedings to draw strength from each other. Nor can each cure the other's defect. A penalty proceeding is a corollary; nevertheless, it must stand on its own. These proceedings culminate under a different statutory scheme that remains distinct from the assessment proceedings. Therefore, the assessee must be informed of the grounds of the penalty proceedings only through statutory notice. An omnibus notice suffers from the vice of vagueness." (Bombay High Court Full Bench in Mohammed Farhan)

"A penal provision, even with civil consequences, must be construed strictly. And ambiguity, if any, must be resolved in the affected assessee's favour." (Mohammed Farhan Full Bench)

"When the Assessing Officer had recorded in the assessment order the particulars of concealed income/undisclosed income of the assessee and on that basis initiated penalty proceeding under section 271(1)(c) then consequential notice under section 274 issued by Assessing Officer to the assessee to afford him opportunity of hearing, was specifically a notice for penalty for concealment of particulars of income/undisclosed income. Such a notice complied with the principles of natural justice and was a valid notice under section 274." (CIT(A) relying on Supreme Court precedents)

However, the Tribunal in the present case distinguished the above on facts, holding that the notice issued did not specify the grounds, thereby violating the statutory mandate.

Core principles established:

(i) The penalty notice under section 274 read with section 271(1)(c) must explicitly specify the grounds of penalty (concealment or furnishing inaccurate particulars) to enable the assessee to know and meet the case.

(ii) Defect or ambiguity in the penalty notice cannot be cured by reference to the assessment order; penalty proceedings must stand on their own statutory footing.

(iii) Penal provisions must be strictly construed, and ambiguity resolved in favour of the assessee.

(iv) The AO's satisfaction recorded in the assessment order is necessary but not sufficient; the statutory notice is a distinct and essential procedural requirement.

(v) The assessee must be given a reasonable opportunity of hearing, but such opportunity is meaningful only if the notice clearly states the grounds of penalty.

Final determinations:

The Tribunal allowed the appeal and directed deletion of the penalty of Rs. 13,44,580/- imposed under section 271(1)(c) of the Act on the ground that the penalty notice was defective for non-specification of the precise grounds of penalty. The addition of Rs. 43,51,400/- to income was upheld due to insufficient evidence to rebut it. The principles of natural justice were found to be complied with except for the defect in the notice. The appeal was allowed accordingly.