2003 (1) TMI 42 - HC - Income Tax

By the impugned order, the Tribunal has set aside penalty u/s 271(1)(c) - In the present case, the assessee had concealed the trading receipt. - Whether, Tribunal was right in law in deleting the penalty of Rs. 5,69,798 levied under section 271(1)(c), by the Assessing Officer and sustained by the Commissioner of Income-tax (Appeals) in respect of an amount of sales tax of Rs. 9,90,953 collected by the assessee but not credited to the profit and loss account as the assessee had maintained a separate accounting for the sales tax collected and thus concealed the particulars of its income and furnished inaccurate particulars? - we answer the above question in the negative, i.e., in favour of the Department and against the assessee.

Summary

Issues:
- Appeal against setting aside of penalty under section 271(1)(c) of the Income-tax Act, 1961 for the assessment year 1992-93.

Analysis:
1. Facts:
The case involved a private limited company engaged in the business of manufacturing non-ferrous alloys. The Assessing Officer noted that an amount collected by the assessee was not credited to the profit and loss account, leading to penalty proceedings under section 271(1)(c) of the Income-tax Act, 1961. The Tribunal set aside the penalty, prompting the Department to file an appeal.

2. Arguments:
The Department contended that the judgment in a specific case did not apply to the present situation. It argued that the case involved concealment of trading receipts rather than disallowance under section 43B of the Income-tax Act.

3. Findings:
The High Court found merit in the appeal, stating that section 43B did not apply as the assessee had collected sales tax but failed to pay it. Referring to a previous case, the Court highlighted that the proviso to section 43B was not applicable in the current scenario as the tax was not paid before the due date. It was emphasized that the judgment in the previous case did not apply, as in this instance, the assessee had concealed trading receipts, making section 271(1)(c) applicable.

4. Conclusion:
The Court answered the question regarding the deletion of the penalty in the negative, favoring the Department. The appeal was allowed, with no order as to costs.

This detailed analysis of the judgment highlights the key legal aspects, arguments presented, findings by the High Court, and the final conclusion reached in the case involving the setting aside of a penalty under section 271(1)(c) of the Income-tax Act, 1961.