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Section 271(1)(c) Penalty Order Set Aside for Being Non-Speaking

Case Law Details

TaxGuru Citation
2026 taxguru.in 472
Case Name
Marut Paper Products Pvt. Ltd. Vs ACIT (ITAT Lucknow)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2016-17
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Marut Paper Products Pvt. Ltd. Vs ACIT (ITAT Lucknow)

Penalty u/s 271(1)(c) Cannot Be Confirmed by Non-Speaking Order—Matter Remanded

In Marut Paper Products Pvt. Ltd. v. ACIT, Central Circle-1, Kanpur (ITA No. 393/LKW/2023; AY 2016-17), the ITAT Lucknow Bench examined the validity of an appellate order whereby the CIT(A) confirmed a penalty of ₹47,21,400 under Section 271(1)(c).

The assessee contended that the CIT(A) dismissed the appeal in limine for want of prosecution, without examining the merits of the penalty or passing a reasoned order. The Revenue left the matter to the discretion of the Tribunal.

The Tribunal held that:

  • The CIT(A)’s order was non-speaking and summary in nature, and
  • Such dismissal violates Section 250(6), which mandates a speaking order dealing with merits of each ground in appellate proceedings, especially in penalty matters.

Decision & Directions:

  • Impugned order of the CIT(A) set aside.
  • Issue of penalty under Section 271(1)(c) restored to CIT(A) for de novo adjudication.
  • CIT(A) directed to pass a reasoned, speaking order on merits after granting reasonable opportunity of hearing to the assessee.

FULL TEXT OF THE ORDER OF ITAT LUCKNOW

This appeal vide I.T.A. No.393/Lkw/2023 has been filed by the assessee for Assessment Year 2016-17 against impugned appellate order dated 03/10/2023 (Appeal No. CIT(A)-IV/KNP/10788/2015-16 of Commissioner of Income Tax (Appeals) [“CIT(A)” for short].

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,879

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