K B S ENTERPRISES,JAIPUR V. ACIT (CIRCLE-6), JAIPUR

ITA 1346/JPR/2024

AI Insights

The case involves M/s. K.B.S. Enterprises, a civil contractor, who appealed against the penalty imposed by the Assessing Officer under section 271(1)(c) of the Income Tax Act, 1961, for the assessment year 2012-13. The penalty was initially set at Rs.6,05,548, later reduced to Rs.4,03,699 by the CIT(A). The primary contention was the lack of clarity in the notice regarding whether the violation was due to concealment of income or furnishing of inaccurate particulars. The Tribunal found that the notice did not specify the exact ground of violation, leading to a breach of natural justice.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 472756 (ITAT-JAIPUR)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-03-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Laws Referred To: Income Tax Act 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GAUTAM SINGH CHOUDHRY
• Assessee Lawyers: ASHISH KHANDELWAL
• Keywords: Set aside; Principle of natural justice
• Section: 274; 20

Judgement Text

" vk;djvihyh; vf/kdj.k] t;iqjU;k;ihB] t;iqj IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, “SMC” JAIPUR JhjkBkSM+ deys'kt;UrHkkbZ] ys[kk lnL; ,o aJhujsUnzdqekj] U;kf;dlnL; ds le{k BEFORE: SHRI RATHOD KAMLESH JAYANTBHAI, AM & SHRI NARINDER KUMAR, JM vk;djvihy la-@ITA No. 1346/JPR/2024 fu/kZkj.ko\"kZ@Assessment Year: 2012-13 M/s. K.B.S. Enterprises A-102, Shiksha Vihar, Ramnagariya, Jagatpura, Jaipur -302 017 cuke Vs. The ACIT Circle-6 Jaipur LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAIFK 5727 G vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksjls@Assessee by : Shri Ashish Khandelwal, CA jktLo dh vksjls@Revenue by: Shri Gautam Singh Choudhry, JCIT-DR lquokbZ dh rkjh[k@Date of Hearing : 19/03/2025 mn?kks\"k.kk dh rkjh[k@Date of Pronouncement : 20 /03/2025 vkns'k@ORDER PER: NARINDER KUMAR, JUDICIAL MEMBER. The assessee is in appeal by challenging order dated 5-11-2024 passed by the ld.CIT(A), NFAC, Delhi, relating to the assessment year 2012-13. 2. Vide impugned order, the ld. CIT(A) partly allowed the appeal of the assessee. 3. The assessee was before the ld. CIT(A), feeling aggrieved by the order of dated 27-01-2022 passed by the Assessing Officer, as thereby penalty of 2 ITA NO. 1346/JPR/ 2024 M/S. K.B.S. ENTERPRISES VS ACIT, CIRCLE-6 , JAIPUR Rs.6,05,548/- was imposed on the assessee u/s 271(1) (c) of the Income Tax Act 1961 (for short ‘’the Act’’). 4. Arguments heard. File perused. 5. The assessee is a civil contractor, which had, during the year under consideration, gross receipts from civil construction work on 27-02-2015. He was served with notice u/s 274 read with section 271(1)(c ) of the Act to show cause as to why order of penalty be not passed u/s 271(1)(c ) of the Act, the reason being that in the course of assessment proceedings pertaining to the year under consideration, it appeared that the assessee had concealed particulars of its income orthat the assessee had furnished inaccurate particulars of said income. 6. The only contention raised by the ld. AR for the assessee is that while issuing above said notice u/s 274 r.w.s. 271(1)(c ) of the Act, the AO was not sure if it was a case of concealment of particulars of income or that of furnishing of inaccurate particulars of income, and as such, impugned order having been passed without application of mind, deserves to be set aside, but, the ld. CIT(A) partly allowed the appeal thereby reducing the penalty to Rs.4,03,699/-, and as such, the impugned order passed by the ld. CIT(A) deserves to be set aside. 7. In the course of arguments, the ld DR for the Department did not dispute that in the notice dated 27-02-2015, the AO observed that it appeared to be a case of 3 ITA NO. 1346/JPR/ 2024 M/S. K.B.S. ENTERPRISES VS ACIT, CIRCLE-6 , JAIPUR concealment of particulars of income or furnishing of inaccurate particulars of income. 8. It is settled law that in such like matters, where notice is to be issued on account of violation of any provisions of law calling for levy of penalty, the concerned officer must communicate to the alleged violator of law, the particular ground, regarding which said person was required to furnish explanation or show cause. 9. Herein, as noticed above, the AO, while calling upon the assessee to explain the allegations levelled, did not specify the exact ground of violation. Rather, AO called for its explanation on the dual ground of factum of concealment of particulars of income or furnishing of inaccurate particulars of income. This goes to show that the AO was not sure as to what was the actual ground of violation by the assessee. Section 271(1)(c ) has two limbs. Principles of natural justice require that the assessee should be apprised of the specific limb of the said provision, which he was alleged to have violated. The object behind serving notice describing the relevant limb of the provision is that on being apprised of specific limb or ground of violation, the assessee is able to respond thereto or explain the same. 4 ITA NO. 1346/JPR/ 2024 M/S. K.B.S. ENTERPRISES VS ACIT, CIRCLE-6 , JAIPUR But, here, in the given situation, we find that the principle of natural justice was not followed by not specifying in the notice the particular limb of the said provision, said to have been violated by the assessee. 10. It may also be mentioned here that while imposing penalty, the AO held that he was imposing the same on account of concealment of income or furnishing of inaccurate particulars of income. Once again, this goes to show that penalty came to be imposed without satisfying as to which specific limb of the provision was found to have been violated. Result 11. In view of the above findings, the impugned order passed by the ld CIT(A) as well as penalty order, partly confirmed vide impugned order, deserve to be set aside. Consequently, this appeal is allowed and both the said orders are hereby set aside. 12. File be consigned to the record room, after the needful is done by the office. Order pronounced in the open court on 20/03/2025. Sd/- Sd/- ¼jkBkSM+ deys'kt;UrHkkbZ ½ ¼ujsUnz dqekj½ (RATHOD KAMLESH JAYANTBHAI) (NARINDER KUMAR) ys[kk lnL; @Accountant Member U;kf;dlnL;@Judicial Member Tk;iqj@Jaipur fnukad@Dated:- 20 /03/2025 5 ITA NO. 1346/JPR/ 2024 M/S. K.B.S. ENTERPRISES VS ACIT, CIRCLE-6 , JAIPUR *Mishra, Sr. PS vkns'k dh izfrfyfivxzsf’kr@Copy of the order forwarded to: 1. The Appellant- M/s. KBS Enterprises , Jaipur 2. izR;FkhZ@ The Respondent- The ACIT, Circle-6, Jaipur 3. vk;djvk;qDr@ The ld CIT 4. foHkkxh; izfrfuf/k] vk;djvihyh; vf/kdj.k] t;iqj@DR, ITAT, Jaipur 5. xkMZQkbZy@ Guard File ITA No. 1346/JPR/2024) vkns'kkuqlkj@ By order, lgk;diathdkj@Asstt. Registrar "