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2003 (12) TMI 11 - HC - Income TaxPenalty under section 271(1)(c) - Tribunal deleted the penalty observing that the accounts suffered from totalling mistake committed by a munim - there is not even an iota of evidence to suggest that the mistake in the total was with the consent and knowledge of the partner to indicate that it was a deliberate act. Since in the discussion the Commissioner of Income-tax (Appeals) and the Income-tax Appellate Tribunal have both found that there was no ground for imposing penalty no case arises for interference in this appeal under section 260A of the Act. The appeal is accordingly dismissed.
Issues:
1. Appeal against penalty imposed under section 271(1)(c) of the Income-tax Act, 1961. Analysis: The appellant filed an appeal under section 260A of the Income-tax Act, 1961, challenging the order of the Income-tax Appellate Tribunal imposing a penalty under section 271(1)(c) of the Act. The main question raised was whether the Tribunal was justified in holding that the penalty was not attracted despite sufficient evidence on record to support its imposition. The Assessing Officer had initially imposed the penalty under section 271(1)(c) of the Act on the respondent assessee. However, the Commissioner of Income-tax (Appeals) later canceled the penalty, leading the Revenue to appeal to the Income-tax Appellate Tribunal. The Tribunal, in its decision, noted that a totalling mistake in the accounts was made by a "munim" and upheld the cancellation of the penalty by the Commissioner of Income-tax (Appeals). The appellant's senior counsel cited a decision of the Allahabad High Court to argue that a mistake by an employee like the "munim" should not absolve the assessee from the penalty under section 271(1)(c) of the Act. In the referenced case, there was evidence of manipulation with the partner's consent, unlike in the present case where no such evidence existed. Both the Commissioner of Income-tax (Appeals) and the Income-tax Appellate Tribunal concurred that there was no basis for imposing the penalty in this case. Consequently, the appeal under section 260A of the Act was dismissed, as there was no ground for interference with the lower authorities' decision.
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