Facts of the Case
During
assessment proceedings for Assessment Year 2017-18, the assessee submitted that
he had received loans aggregating to ₹8,00,000, comprising ₹4,00,000 from Ms.
Shikha Jaiswal and ₹4,00,000 from Shri Shubham Jaiswal. The Assessing Officer
held that the loans were accepted in violation of section 269SS of the
Income-tax Act, 1961, and accordingly levied penalty of ₹8,00,000 under section
271D.
The
Assessing Officer further observed that the assessee had repaid loans
aggregating to ₹2,70,776 to Ms. Sangeeta Jaiswal, Shri Saurabh Jaiswal, and
Shri Pradeep Kumar. Holding that the repayments were made in violation of
section 269T, the Assessing Officer levied penalty of ₹2,70,776 under section
271E.
Aggrieved,
the assessee preferred appeals before the NFAC, which dismissed both appeals
ex-parte and confirmed the penalties.
Issues Involved
- Whether
penalties under sections 271D and 271E for alleged violations of sections
269SS and 269T were sustainable in law.
- Whether
the NFAC was justified in confirming the penalties without adjudicating
the appeals on merits.
- Whether
denial of effective opportunity due to ex-parte disposal violated
principles of natural justice.
Petitioner’s (Assessee’s) Arguments
The
assessee contended that the penalties were confirmed without appreciating the
complete facts of the case, which could not be placed on record due to serious
illness and subsequent demise of the assessee’s counsel. It was submitted that
the loans were received from and repaid to close relatives who were income-tax
assessees, and the transactions were entered into under bona fide belief.
The
assessee further argued that the penalty orders were passed in violation of
statutory provisions relating to jurisdiction, limitation, and procedural
requirements, and that the NFAC erred in dismissing the appeals ex-parte
without considering the grounds raised or permitting additional evidence.
Respondent’s (Revenue’s) Arguments
The
Department opposed the appeals and supported the orders passed by the Assessing
Officer and the NFAC, contending that the penalties were rightly levied for
violations of sections 269SS and 269T and that the assessee failed to comply
with statutory requirements.
Court Order / Findings
The
Tribunal observed that both the appeals before the NFAC were dismissed ex-parte
without adjudication on merits. Considering the peculiar facts and
circumstances of the case, the Tribunal held that the assessee deserved one
more opportunity to present his case and place relevant material on record.
Accordingly,
the Tribunal set aside the impugned NFAC orders and restored both appeals to
the file of the NFAC with directions to adjudicate the matters afresh on merits
after granting reasonable opportunity of hearing. Both appeals were allowed for
statistical purposes.
Important Clarification
The
Tribunal categorically cautioned that the assessee must fully comply with the
notices and directions issued by the NFAC in the set-aside proceedings. Failure
to do so would entitle the NFAC to pass orders in accordance with law on the
basis of material available on record, even on an ex-parte basis.
Link to download the order - https://www.mytaxexpert.co.in/uploads/1770627986_SANTOSHKUMARATARRABANDAVS.INCOMETAXOFFICERBANDA.pdf
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