1999 (3) TMI 25 - HC - Income Tax

Reference, Penalty, Return, Furnishing of Inaccurate Particulars Of Income, Depreciation, Investment Allowance

Summary

Issues:
1. Interpretation of provisions of the Income-tax Act, 1961 regarding penalty for inaccurate particulars of income.
2. Disallowance of depreciation and investment allowance by the Assessing Officer.
3. Cancellation of penalty by the Commissioner of Income-tax (Appeals).
4. Tribunal's decision on penalty imposition in a case of loss shown by the assessee.

Analysis:
1. The case involved a petition under section 256(2) of the Income-tax Act, 1961, where the Commissioner of Income-tax sought a direction for the Income-tax Appellate Tribunal to refer questions of law regarding penalty imposition. The issues revolved around the interpretation of the Explanation to section 271(1)(c) and whether penalty could be levied when an assessee shows a loss instead of positive income.

2. The assessee, a private limited company, filed a return for the assessment year 1987-88 with nil profit and claimed depreciation and investment allowance. The Assessing Officer disallowed these claims based on an audit report stating the company had not commenced commercial production. Subsequently, a penalty was imposed on the assessee under section 271(1)(c) for furnishing inaccurate particulars of income.

3. The Commissioner of Income-tax (Appeals) canceled the penalty, noting that the disallowance of depreciation did not constitute furnishing inaccurate particulars of income as the company had not misrepresented its status of commercial production. The Commissioner's decision was based on the fact that the audit report led to the disallowance, not inaccurate information provided by the assessee.

4. The Tribunal upheld the Commissioner's decision, rejecting the Department's appeal. The Tribunal agreed that in a case where the assessee shows a loss, penalty cannot be levied for inaccurate particulars of income. The Tribunal referenced a previous court decision and found no grounds for penalty imposition. The court concurred with the Tribunal's decision and directed the Tribunal to refer the question of law regarding penalty imposition in cases of loss shown by the assessee.

This detailed analysis of the judgment provides a comprehensive overview of the legal issues, arguments presented, and the final decision rendered by the court.