Birla International Private Limited vs. Assistant Commissioner of Income Tax

Parties Involved

Facts Summary

The assessment under Section 143(3) of the Income Tax Act, 1961 was framed on Birla International Private Limited for the Assessment Year 2014-15. Penalty proceedings under Section 271(1)(c) of the Act were initiated against the Appellant and a notice was issued under Section 274 read with Section 271(1)(c) of the Act. The penalty proceedings culminated in the passing of the Penalty Order, dated 29/06/2017, whereby a penalty of INR.38,52,351/- was levied by the Assessing Officer. Being aggrieved, the Appellant preferred an appeal before the Commissioner of Income Tax (Appeals) against the levy of the penalty. The Commissioner of Income Tax (Appeals) dismissed the appeal and confirmed the levy of penalty of INR.38,52,351/- under Section 271(1)(c) of the Act. Being aggrieved by the order, dated 07/05/2024, passed by the Commissioner of Income Tax (Appeals), the Appellant preferred the present appeal.…

Legal Issues

• 1. Whether the penalty proceedings were vitiated due to the omnibus nature of the penalty notice?
• 2. Whether the penalty of INR.38,52,351/- under Section 271(1)(c) of the Act can be sustained?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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