2000 (1) TMI 15 - HC - Income Tax

Summary

Issues Involved:
1. Deletion of penalty u/s 271(1)(c) of the Income-tax Act.
2. Agreed assessment and its impact on penalty.
3. Requirement to refer to Explanation 1(B) in penalty proceedings.

Summary:

1. Deletion of penalty u/s 271(1)(c) of the Income-tax Act:
The Tribunal deleted the penalty levied u/s 271(1)(c) on the grounds that the assessee had agreed to the addition of Rs. 93,000 as "unexplained investment" due to discrepancies in cash balances. The High Court, however, held that merely agreeing to an addition does not preclude the imposition of penalty. The court emphasized that the burden of proof shifts to the assessee to rebut the presumption of concealment, which was not adequately done in this case. The explanation provided by the assessee was deemed fanciful and vague, thus justifying the penalty.

2. Agreed assessment and its impact on penalty:
The Tribunal's view that penalty cannot be levied on an agreed assessment was rejected by the High Court. The court clarified that an agreed addition does not automatically negate the possibility of concealment. The assessee must still discharge the burden of proving that there was no concealment, which was not achieved in this case. The High Court cited the apex court's ruling in Sir Shadilal Sugar and General Mills Ltd. v. CIT, stating that an agreement to an addition does not inherently imply the absence of concealment.

3. Requirement to refer to Explanation 1(B) in penalty proceedings:
The Tribunal had held that the penalty was improper because the Assessing Officer did not specifically refer to Explanation 1(B) to section 271(1)(c) in the penalty proposal. The High Court disagreed, stating that there is no legal requirement for the Assessing Officer to inform the assessee about the application of Explanation 1(B). The court noted that the Explanation raises a rebuttable presumption of concealment, which the assessee failed to rebut. The High Court did not concur with the Bombay High Court's decision in CIT v. P. M. Shah, which required such an intimation.

Conclusion:
The High Court concluded that the Tribunal erred in canceling the penalty and answered all the questions in the negative, in favor of the Revenue and against the assessee.