| The Tax Publishers2020 TaxPub(DT) 2994 (Mad-HC) : (2020) 428 ITR 0047 : (2021) 277 TAXMAN 0176 INCOME TAX ACT, 1961
Section 271D read with section 273B
Where there were two decisions of Tribunal, which held that assessee had a reasonable cause and consequently entitled to the benefit of section 273B but Tribunal failed to consider said decisions while deciding appeal of assessee, thus, matter was restored to Tribunal to take note of aforesaid fact and deal with earlier orders passed by its coordinate Bench which ended in favour of assessee.
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Penalty under section 271D - Vailidity - Non-Consideration of remedial provision of section 273B -
Issue was as to whether AO was justified in imposing penalty under sections 271D and 271E for violation of section 269SS and section 269T respectively without applying provisions of section 273B.Held: There was no discussion as to why two decisions rendered by Tribunal in assessee's own case could not be applied to facts and circumstances of instant case. There were two decisions of Tribunal, which held that assessee had a reasonable cause and consequently entitled to the benefit of section 273B. Thus, without examining merits of the matter nor making an attempt to answer substantial questions of law, matters was remanded back to Tribunal. It was for Tribunal to take note of fact and deal with earlier orders passed by its Coordinate Bench which ended in favour of assessee.
Distinguished:M. Sougoumarin v. Asstt. CIT [TCA Nos. 838 & 839 of 2017, dated 13-3-2018] : 2018 TaxPub(DT) 4733 (Mad-HC).
REFERRED : UOI v. Kamlakshi Finance Corporation Ltd. (1992) 1 SCC 648 (SC) : 1991 TaxPub(EX) 623 (SC). Sarvodaya Mutual Benefit Trust v. Pr. CIT [TCA No. 682 of 2018, dated 3-7-2019] : 2019 TaxPub(DT) 6020 (Mad-HC). CIT v. L.G. Ramamurthi & Ors. (1977) 110 ITR 453 (Mad) : 1977 TaxPub(DT) 698 (Mad-HC), Asstt. CIT v. Sri M. Pajani Adaicalam [I.T.A. Nos. 264, 265, 266, 267, 268, 269 & 270/Mds/2015, dt. 31-3-2016], Asstt. CIT v. Sri Pajani Adaicalam [I.T.A. Nos. 2047, 2048, 2049, 2050 & 2051/Mds/2013, I.T.A. Nos. 2052, 2053, 2054 & 2055/Mds/2013, dt. 22-7-2014], P. Muthukaruppan v. Jt. CIT [I.T.A.Nos.220, 221, 222, 223, 224,225, 226, 227 & 228/Mds/2014, dt. 29-5-2014], Late Shri K. Muthukaruppan and others v. Jt. CIT [ITA Nos. 1820, 1821, 1822, 1823, 1824 & 1825(Mds)/2013 , 1826 & 1827(Mds)/2013 , 1905, 1906, 1907 & 1908(Mds)/2013, dt. 31-10-2013].
FAVOUR : Matter remanded.
A.Y. :
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