Income Tax

Penalty us 221(1) on tax due as per revised return of income. It is not correct to levy penalty on the amount due as per original return of income-ITAT

Penalty us 221(1) on tax due as per revised return of income. It is not correct to levy penalty on the amount due as per original return of income-ITAT

ABCAUS Case Law Citation:
1058 (2016) (11) ITAT

Brief Facts of the Case:
The assessee filed its original return of income u/s 139(1) of the Income Tax Act, 1961. As per the original return of income, self assessment tax payable was Rs. 21,83,340/-. The assessee did not pay self assessment tax and hence the Assessing Officer (AO) levied penalty u/s 221(1) for non-payment of self assessment tax computed @ 25% self assessment tax payable.

The assessee subsequently filed a revised return of income u/s 139(5) as per which self assessment tax payable was worked out at Rs. 4,68,812/- only. The assessee challenged the penalty order before the CIT(A) unsuccessfully and later before the ITAT contending that the CIT(A) did not considered the revised return filed by the assessee.

The Tribunal had restored the matter to the file of the CIT(A) for deciding the issue afresh, However, in the set aside proceedings, the CIT(A) again confirmed the penalty levied by the Assessing Officer and hence the assessee filed this present appeal before ITAT

Contentions of the Assessee:
The assessee submitted that the revised return filed by the assessee had replaced the original return of income and hence penalty u/s 221(1) should have been levied only on the self assessment tax payable as per revised return of income.

It was further submitted that the assessee did not pay self assessment tax as per original return of income, as the assessee was contemplating to file a revised return of income. The assessee also did not pay tax due as per revised return of income, since certain refunds were due to the assessee for earlier years.

It was submitted that the assessee had sufficient cause for not paying self assessment tax. Accordingly, the assessee prayed that the penalty levied may be deleted.

Contentions of the Revenue:
The Departmental Representative submitted that the explanations furnished by the assessee were not supported by any material. Further self assessment tax becomes payable as per provisions of section 140A upon filing of original return of income.

Observations made by the Tribunal:
The ITAT was of the view that the assessee could not be considered to have shown sufficient cause for not paying the self assessment tax.

However, the Tribunal observed that since the self assessment tax payable as per the revised return of income had come down, it might not be correct to levy penalty on the amount of tax due as per the original return of income.

However since it was not shown as to when the self assessment tax was actually paid, the ITAT opined that the assessee should be liable to pay penalty on the amount due as self assessment tax as per revised return of income.

Held:
Penalty 221(1) should be levied on amount due as per revised return of income.

Download Full Judgment

Share

Recent Posts

  • Income Tax

A bald statement recorded during survey can not be basis for any addition

A bald statement recorded during survey would not in itself be a foundation for any addition - ITAT In a…

25 minutes ago
  • ICAI

ICAI issued Guidelines for responding to Tenders by Chartered Accountants

ICAI issued Guidelines for responding to Tenders by Chartered Accountants The ICAI has issued Tender guidelines to Chartered Accountants for…

33 minutes ago
  • ICAI

Empanelment of ICAI Exam observer for January 2027 Examinations. Last date: 20.11.2026

Empanelment to act as ICAI exam observers for January 2027 CA Examination. Last date to apply is 20.11.2026 Empanelment of…

2 days ago
  • GST

No arrest under GST- Major decision of 57th Meeting of GST Council held on 8th October 2026

No arrest under GST- Major decision taken in 57th Meeting of the GST Council on 8th October 2026 PRESS RELEASE…

3 days ago
  • Income Tax

Later SC ruling cannot render an act done in compliance of a court order a statutory default

A subsequent Apex Court ruling on the substantive issue cannot retrospectively make an act done in compliance of a binding…

4 days ago
  • Income Tax

Interest payment on mobilisation advance to NHAI not liable to TDS u/s 194A

Interest payment on mobilisation advance to NHAI not liable for deduction of tax at source u/s 194A - ITAT Interest…

5 days ago