1998 (6) TMI 5 - HC - Income Tax

Summary

Issues Involved:
The issue involves the cancellation of a penalty u/s 271(1)(c) of the Income-tax Act, 1961, based on an estimate made by the Assessing Officer regarding the cost of construction of a factory building reported by the assessee.

Judgment Details:

1. Assessment of Construction Cost:
The Tribunal found that the assessee reported an expenditure of Rs. 70,000 for the construction of a factory building, which was later estimated at a higher figure by the Assessing Officer based on a valuer's report. The Tribunal limited the addition to Rs. 40,000 as an estimate of income from undisclosed sources, without evidence of deliberate concealment.

2. Initiation of Penalty Proceedings:
Penalty proceedings were initiated post finalization of assessment, alleging concealment by the assessee for not reporting the construction in progress or maintaining proper accounts. However, the Tribunal rightly held that the assessee fulfilled reporting requirements and could not be faulted for not mentioning the ongoing construction in the return.

3. Concealment of Income:
The Tribunal concluded that there was no concealment as the addition to income was solely based on the valuer's report, without proof of deliberate concealment by the assessee. The Tribunal emphasized the necessity of a definite finding of concealment before imposing any penalty u/s 271(1)(c).

4. Legal Precedents:
Citing legal precedents, the Court highlighted that concealment must be deliberate, and in the absence of proof of such deliberate concealment, the imposition of penalty is not warranted. The Court referred to a similar case where penalty imposition was set aside due to lack of evidence of deliberate concealment.

5. Final Decision:
The Court answered the reference in favor of the assessee, stating there was no evidence of deliberate concealment of income by the assessee. The Tribunal's finding that no income was concealed for the assessment year under appeal led to the decision against the Revenue, with no costs imposed on the assessee.