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

Allowability of depreciation on highway project awarded on DBOT basis

ITAT allows depreciation on highway project awarded on DBOT basis In a recent judgment, ITAT Delhi allows depreciation on highway…

4 hours ago
  • Income Tax

Once assessee satisfies conditions u/s 270AA, AO is bound to grant immunity

Once assessee satisfies conditions mentioned in section 270AA, the Assessing Officer would be bound to grant immunity In a recent…

7 hours ago
  • CA CS CMA

NTPC invites applications from CA/CMA as Executive Trainee. Last date: 27.01.2026

NTPC invited applications from CA/CMA as young professionals to join NTPC Projects/Stations as Executive Trainee, Finance. NTPC Limited has invited…

7 hours ago
  • GST

Allahabad HC disposes GST appeals as functioning of GST Tribunal put to motion

Allahabad High Court disposes GST appeals observing that the functioning of GST Appellate Tribunal are put to motion Allahabad High…

8 hours ago
  • Income Tax

Date of dispatch of notice as per ITBA portal and date of email may not be same – ITAT

Date of dispatch of notice as per ITBA portal and date of communication by email may not necessarily be the…

9 hours ago
  • GST

Assignment of leasehold rights not amount to supply of service under GST Act.

In a recent judgment, Bombay High Court held that assignment of leasehold rights for consideration would not amount to supply…

12 hours ago