2025 (6) TMI 709 - AT - Income Tax

Penalty levied u/s 271(1)(c) - assessee disclosed a sum during the course of survey conducted u/s 133A and paid advance tax. However the assessee did not include the said income in the return of income filed u/s 139(1) nor did it file a revised return u/s 139(5) to correct the omission - assessee has contended that the CIT(A) erred in law and in facts by passing an exparte order without affording a reasonable opportunity of being heard and without adjudicating the matter on merits HELD THAT - We find no merit in such contentions. The appellate order explicitly records that the assessee was issued multiple notices through the e-filing portal by the CIT(A) including a final show cause notice dated 18.12.2024. Despite such repeated opportunities the assessee chose not to file any written submissions nor sought adjournment or provided any explanation for non-compliance. It is a settled proposition of law that the right to be heard is not unqualified and where a party despite being afforded sufficient opportunity fails to respond the appellate authority is justified in proceeding ex-parte. Argument that the CIT(A) failed to adjudicate the matter on merits it is equally untenable. The CIT(A) having recorded the absence of response despite repeated notices proceeded to confirm the penalty based on the material available on record including the assessment and penalty orders. The CIT(A) was not required to re-frame or re-argue the assessee s case in the absence of any plea or factual rebuttal placed before it. The duty to prosecute an appeal lies with the appellant. If the assessee abstains from proceedings without cause it cannot later allege that the appeal was not adjudicated on merit. As held by courts a party cannot take advantage of its own inaction or default to claim relief on principles of natural justice. Hence both grounds alleging procedural infirmity and lack of merit-based adjudication are devoid of substance and are accordingly rejected. Assessee s conduct falls squarely within the purview of Explanation 1 to section 271(1)(c) which creates a presumption of concealment where no satisfactory explanation is offered. The penalty has been rightly levied and confirmed by the lower authorities. Assessee appeal is dismissed.

Summary

1. ISSUES PRESENTED and CONSIDERED

- Whether the penalty under section 271(1)(c) of the Income-tax Act, 1961 was rightly levied on the assessee for concealment of income in respect of Rs. 14,00,000/- not disclosed in the return of income for A.Y. 2015-16.

- Whether the omission to disclose the income and claim advance tax paid was inadvertent and bona fide, thus exempting the assessee from penalty liability.

- Whether the Commissioner of Income Tax (Appeals) erred in confirming the penalty by passing an ex-parte order without affording reasonable opportunity of hearing and without adjudicating the matter on merits, thereby violating principles of natural justice.

- Whether the assessee's conduct and procedural defaults justify the imposition and confirmation of penalty under section 271(1)(c).

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Validity of penalty under section 271(1)(c) for concealment of income

Relevant legal framework and precedents: Section 271(1)(c) imposes penalty for concealment of income or furnishing inaccurate particulars thereof. Explanation 1 to this section creates a presumption of concealment where the assessee fails to offer satisfactory explanation. The law mandates that concealment must be deliberate or due to gross neglect, not mere inadvertence.

Court's interpretation and reasoning: The Court noted that the assessee admitted undisclosed income of Rs. 14,00,000/- during a survey under section 133A, and paid advance tax of Rs. 4,50,000/- on the same. However, the assessee failed to disclose this income in the return filed under section 139(1) and did not file a revised return under section 139(5) to rectify the omission. The submission of a revised computation during assessment proceedings was held to have no statutory effect and could not cure the concealment.

Key evidence and findings: The survey report, admission of additional income, advance tax payment records, original return showing nil income, absence of revised return, and non-participation in penalty proceedings were crucial evidences. The assessee's failure to respond to multiple notices and lack of explanation during penalty proceedings were significant.

Application of law to facts: The Court applied the statutory presumption under Explanation 1 to section 271(1)(c) due to absence of satisfactory explanation. The non-filing of revised return and non-participation in penalty proceedings negated the claim of inadvertence or bona fide omission. The conduct was held to amount to concealment attracting penalty.

Treatment of competing arguments: The assessee's contention of inadvertent omission supported by advance tax payment was rejected as unsubstantiated and inconsistent with the facts. Reliance on a precedent where penalty was deleted was distinguished on factual grounds, as in that case the assessee had filed revised return and participated in proceedings.

Conclusions: The penalty under section 271(1)(c) was rightly levied and confirmed, as the assessee's conduct did not demonstrate bona fide error but amounted to concealment of income.

Issue 2: Alleged violation of principles of natural justice by CIT(A) in passing ex-parte order

Relevant legal framework and precedents: The right to be heard is a fundamental principle but is not unqualified. Where repeated opportunities are afforded and the party fails to respond, the authority may proceed ex-parte.

Court's interpretation and reasoning: The CIT(A) issued multiple notices over several years through the e-filing portal, including a final show cause notice. The assessee did not file any submissions, seek adjournments, or provide explanations. The appellate order recorded these facts and proceeded to confirm penalty based on available material.

Key evidence and findings: Multiple notices issued to the assessee, absence of any reply or participation in appellate proceedings.

Application of law to facts: Given the repeated opportunities and complete non-response, the CIT(A) was justified in passing an ex-parte order. The Court emphasized settled law that a party cannot claim violation of natural justice by its own inaction.

Treatment of competing arguments: The assessee's claim that no reasonable opportunity was afforded and that the matter was not adjudicated on merits was rejected. The Court held that adjudication on merits requires participation and prosecution of appeal by the appellant, which was lacking.

Conclusions: No violation of natural justice occurred; the ex-parte order by CIT(A) was legally valid and justified.

Issue 3: Whether the assessee's conduct justifies penalty confirmation considering the totality of circumstances

Relevant legal framework and precedents: Explanation 1 to section 271(1)(c) creates a presumption of concealment if no satisfactory explanation is offered. Courts have held that voluntary disclosure, payment of tax, and bona fide error may mitigate penalty, but non-compliance and silence attract penalty.

Court's interpretation and reasoning: The Court observed that the income was admitted only due to survey detection, the return filed declared nil income, and no revised return was filed. The assessee's failure to participate in penalty proceedings and appellate process indicated a pattern of non-compliance rather than inadvertence.

Key evidence and findings: Survey admission, advance tax payment, original return, absence of revised return, non-participation in penalty and appeal proceedings, and lack of documentary evidence supporting bona fide claim.

Application of law to facts: The Court held that allowing such conduct would undermine the self-assessment regime and voluntary compliance. The absence of timely correction or explanation justified penalty under section 271(1)(c).

Treatment of competing arguments: The reliance on coordinate bench decisions was distinguished on facts. The Court emphasized the importance of active participation and filing revised return to claim exemption from penalty.

Conclusions: The assessee's conduct amounted to concealment attracting penalty, and the penalty confirmation was appropriate.

3. SIGNIFICANT HOLDINGS

- "It is well settled that a revised computation has no statutory standing and does not cure the concealment made in the original return."

- "The right to be heard is not unqualified, and where a party, despite being afforded sufficient opportunity, fails to respond, the appellate authority is justified in proceeding ex-parte."

- "If such conduct were normalized, it would create an unintended loophole in the self-assessment regime, allowing taxpayers to shift tax liabilities at will, citing belated errors post-detection, thereby undermining the discipline and integrity of voluntary compliance envisaged under the Income-tax Act."

- "Considering the totality of circumstances, we hold that the assessee's conduct falls squarely within the purview of Explanation 1 to section 271(1)(c), which creates a presumption of concealment where no satisfactory explanation is offered."

- Final determinations: The penalty under section 271(1)(c) was rightly levied and confirmed. The CIT(A) did not err in passing an ex-parte order. The assessee's appeal was dismissed in entirety.