2001 (4) TMI 49 - HC - Income Tax

Summary

Issues Involved:
1. Rejection of application under section 256(2) of the Income-tax Act, 1961 for stating the case and referring questions of law arising out of the Tribunal's order.
2. Imposition of penalty under section 271(1)(c) when no taxable income was assessed, and no tax was payable by the assessee.
3. Difference of opinion between Judicial Member and Accountant Member of the Tribunal regarding the levy of penalty.
4. Interpretation of the expression "in addition to any tax payable by him" in section 271(1)(c)(iii) of the Income-tax Act, 1961.

Detailed Analysis:

1. The High Court considered the rejection of the application under section 256(2) of the Income-tax Act, 1961. The court found that questions of law did arise from the Tribunal's order passed in penalty proceedings, contrary to the Tribunal's opinion. The court allowed the application, directing the Tribunal to refer the questions of law to the High Court for its opinion.

2. The issue of imposing a penalty under section 271(1)(c) when no taxable income was assessed, and no tax was payable by the assessee was analyzed. The court examined the interpretation of the provision which states that the penalty shall not exceed twice the amount of income in respect of which particulars were concealed. The court referred to relevant case laws and concluded that a question of law arose regarding the justification of sustaining the penalty in a scenario where no positive income was assessed, and no tax was payable.

3. The court discussed the difference of opinion between the Judicial Member and the Accountant Member of the Tribunal regarding the levy of penalty. The Judicial Member limited the penalty to the extent related to additions in the gross profit, while the Accountant Member considered the additions in its entirety. A Third Member agreed with the Judicial Member's opinion and sustained a reduced penalty. The court found an overlapping and repetitive nature in the questions raised by the parties and framed a consolidated question for consideration.

4. The interpretation of the expression "in addition to any tax payable by him" in section 271(1)(c)(iii) was thoroughly examined. The court referred to judgments from the Punjab and Haryana High Court and the Kerala High Court, which highlighted the requirement of positive income for the imposition of a penalty. The court found that the question of law arose concerning the justification of sustaining the penalty when no positive income was assessed, and no tax was payable by the assessee. The court directed the Tribunal to refer this question to the High Court for its opinion.