2014 (8) TMI 1206 - AT - Income Tax

Penalty u/s 271(1)(c) - addition of capital gain AND on account of addition u/s 14A - addition made u/s 50C - CIT-A deleted the penalty - HELD THAT - As per grounds of appeal, the Revenue is disputing only in respect of deletion of penalty imposed by the Assessing Officer for addition made u/s 50C although in ground No. 4, the Revenue is stating that this penalty of ₹ 29.60 lacs also included penalty in respect of disallowance u/s 14A. But in our considered opinion, since the penalty imposable in respect of long term capital gain is around ₹ 31 lacs, it has to be accepted that the Revenue is disputing the deletion of penalty imposed by the Assessing Officer in respect of addition on account of long term capital gain only. This aspect of penalty is covered in favour of the assessee and hence, respectfully following the judgment of Hon'ble Calcutta High Court in the case of Madan Theatres Ltd. 2013 (6) TMI 96 - CALCUTTA HIGH COURT we decline to interfere in the order of CIT(A). - Decided in favour of assessee.

Summary

Issues:
1. Deletion of penalty imposed under section 271(l)(c) for concealment of income or filing inaccurate particulars of income.
2. Requirement to compute capital gains as per section 50C.
3. Deletion of penalty on disallowances made under section 14A.
4. Acceptance of inadvertent error argument.
5. Dispute regarding penalty imposed for addition on account of long term capital gain.

Analysis:

1. The Revenue appealed against the order of CIT (A) deleting the penalty imposed under section 271(l)(c) for concealment of income or filing inaccurate particulars of income. The Revenue argued that the CIT(A) failed to appreciate the facts and circumstances of the case and the material available on records. However, the Tribunal found that the penalty was deleted based on the judgment of the Hon'ble Calcutta High Court, which held that penalties are not justified when additions are made under section 50C without evidence of actual receipt of additional amounts by the assessee. As no evidence was presented by the Assessing Officer regarding additional receipts, the Tribunal upheld the CIT(A)'s decision.

2. The dispute also involved the requirement to compute capital gains as per section 50C. The Assessing Officer had imposed a penalty for not computing capital gains as mandated by section 50C. However, the CIT(A) deleted the penalty based on the judgment of the Hon'ble Calcutta High Court, which stated that penalties are not justified if no evidence is provided regarding actual receipts beyond the declared sale proceeds. The Tribunal upheld the CIT(A)'s decision on this issue as well.

3. Another issue was the deletion of penalty on disallowances made under section 14A. The Revenue contended that the penalty covered disallowances under section 14A, but the CIT(A) did not provide a specific finding on this matter. The Tribunal noted that the penalty imposed by the Assessing Officer was primarily in relation to the addition on account of long term capital gain. Since the penalty in question related to long term capital gain, the Tribunal declined to interfere with the CIT(A)'s decision based on the judgment of the Hon'ble Calcutta High Court.

4. The argument of inadvertent error was raised, with the Revenue disputing the acceptance of this argument by the CIT(A). However, the Tribunal found that the CIT(A) had followed legal precedents and upheld the deletion of penalties based on the lack of evidence of actual receipts beyond the declared sale proceeds. The Tribunal declined to interfere with this decision.

5. Lastly, the dispute centered on the penalty imposed for the addition on account of long term capital gain. The Tribunal analyzed the proportion of the penalty in relation to the total addition and concluded that the Revenue was disputing the deletion of the penalty imposed by the Assessing Officer for this specific addition. Based on the proportionality of the penalty and following the judgment of the Hon'ble Calcutta High Court, the Tribunal dismissed the Revenue's appeal, upholding the decision of the CIT(A) regarding the penalty on long term capital gain.

In conclusion, the Tribunal dismissed the Revenue's appeal, upholding the CIT(A)'s decision to delete the penalties imposed under various sections based on legal precedents and lack of evidence of actual receipts beyond declared sale proceeds.