Income Tax

RBI penalty for clerical mistakes not disallowable u/s 37 – ITAT

RBI penalty for clerical mistakes not disallowable u/s 37. The genuine clerical mistake cannot be treated as an offense under the Banking Regulations Act – ITAT

ABCAUS Case Law Citation
ABCAUS 2364 (2018) 06 ITAT

The instant appeal was preferred by the assessee against the order of the Commissioner of Income Tax (Appeals) (‘CIT (A)’), inter alia, challenging the confirmation of the order of the Assessing Officer (AO) making disallowance u/s 37 of the Income Tax Act, 1961 (the Act).

The appellant assessee was a private limited company. The return of income of the company was initially was processed U/s 143(1) of the Act and subsequently the case was selected for scrutiny under CASS.

During the course of scrutiny assessment proceedings, it was observed by the AO that in the income tax computation statement, the assessee had claimed deduction towards penalty paid to RBI. On query it was explained that the assessee had committed certain clerical mistakes in the form FCGPR submitted to the RBI and therefore the penalty was levied by the RBI.

Under FEMA Regulations, an Indian company issuing capital instruments to a person resident outside India, where such issue is considered as Foreign Direct Investment (FDI), is required to report such issue in Form FC-GPR to the RBI, not later than thirty days from the date of issue of capital instruments.

The AO opined that the explanation 1 to Section 37 of the Act would be applicable in the case of the assessee and therefore disallowed the same as allowable deduction.

On appeal, the CIT(A) concurred with the view of the AO by observing that the payment was made due to an offense committed by the assessee and thereby confirmed the disallowance.

The Tribunal observed that it was apparent that the penalty was levied due to some clerical mistake

committed by the assessee in the form FCGPR submitted to the RBI. The genuine clerical mistake committed by the assessee cannot be treated as an offense under the Banking Regulations Act. The Tribunal opined that the explanation 1 to Section 37 of the Act will not be attracted in the case of the assessee and accordingly directed the AO to delete the addition made.

Download Full Judgment Click Here >>

Share

Recent Posts

  • Income Tax

For registration u/s 12AA if CIT satisfaction limited to objects or also to activities? SLP admitted

For registration u/s 12AA if Commissioner’s satisfaction is limited to the objects of the Institution, or also to genuineness of…

6 hours ago
  • Income Tax

Over 30 approvals u/s 153D within minutes amounted to total non-application of mind

Over 30 approvals u/s 153D granted within minutes amounted to total non-application of mind – Bombay High Court In a…

7 hours ago
  • Income Tax

When disallowance is made u/s 37(1) section 69C is not applicable – ITAT

When AO invoked provisions of section 37(1) to disallow purchases, provisions of section 69C of the Act are not applicable…

1 day ago
  • Income Tax

ITAT refuses to accept cash book as source of deposit as assessee was not subject to audit

ITAT refuses to accept opening cash as source of cash deposit as assessee was not subject to audit and cash…

2 days ago
  • Income Tax

Mere preparation of income tax notice and send to dispatch not effective issuance

Mere preparation of income tax notice and forwarding the same for dispatch is not effective issuance of notice until it…

2 days ago
  • bankruptcy

Agreement validly terminated prior to CIRP not give any enforceable right to corporate debtor

Agreement validly terminated prior to initiation of CIRP did not constitute “assets” or “property” of the corporate debtor u/s 14…

3 days ago