Section 271D and 271E of the Income tax Act, 1961 — Penalty — Since the imposition of penalty depends upon the facts and circumstances of each case and if the Assessee can putforth a reasonable cause for accepting the deposits in cash then, such circumstances can be considered by the Assessing Authority to waive or reduce the penalty in question.[2019] 52 ITCD 129 (BOM)
Facts: Being aggrieved of the order of Tribunal, assessee went on appeal before High Court and raised the question of law that "Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal is right in law in confirming the levy of penalty under Section 271D of the Income Tax Act for the assessment year 2000-2001? and whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal is right in law in confirming the levy of penalty under Section 271E of the Income Tax Act for the assessment year 2000-2001?"
Held, that the learned Tribunal could have taken a liberal view of the matter and since the imposition of penalty depends upon the facts and circumstances of each case and if the Assessee can putforth a reasonable cause for accepting the deposits in cash then, such circumstances can be considered by the Assessing Authority to waive or reduce the penalty in question. In view of the fact that in similar circumstances and for the same Assessee, the Assessing Authority himself entirely waived off the penalty for the preceding Assessment Year 1999-2000 vide communication dated 9.11.2005, the learned Tribunal, in our opinion, fell in error in upholding the imposition of penalty by just observing that the Assessee ought not have repeated such a mistake and ought to have done the transaction only through Bank which method, in fact, as the learned counsel for the Assessee submitted, was adopted on 31.8.2001 on which date, the Bank Account was opened by the Assessee and therefore, it is only for this Assessment Year 2000-2001 which stands out and in respect of which the present Appeals are concerned. The law laid down in the decision of Vasan Healthcare (P) Ltd. vs. Additional Commissioner of Income-tax, Chennai Range-2, Chennai ((2019) 103 Taxman.com 26 (Madras) is not applicable to the present case as the facts of the judgment in that case are distinguishable as there was no such fact of dropping penalty proceedings in the preceding year in that case. We are, therefore, inclined to take a lenient view in favour of the Assessee in the facts and circumstances of the case and are inclined to allow the present Appeals in favour of the Assessee on the ground that the for the preceding Assessment Year viz., 1999-2000, on the same set of facts and circumstances, the Assessing Authority himself dropped the penalty proceedings in question. Accordingly, we allow the present Appeals of the Assessee and answer the questions framed above in favour of the Assessee and against the Revenue. No costs.