1997 (7) TMI 87 - HC - Income Tax

Assessee Carrying On Business, Assessment Year, Levy Of Penalty, Partnership Deed, Partnership Firm

Summary

Issues involved: Interpretation of penalty u/s 271(1)(c) of the Income-tax Act, 1961 based on concealment of income in a partnership conversion case.

The judgment addresses the question of whether the Income-tax Appellate Tribunal was justified in canceling a penalty of Rs. 25,000 imposed by the Inspecting Assistant Commissioner u/s 271(1)(c) of the Income-tax Act, 1961. The case involved the conversion of an individual business into a partnership firm, with differing views on the timing of the partnership's establishment.

The Inspecting Assistant Commissioner determined that the partnership business began on August 26, 1967, and penalized the assessee for failing to disclose income from the individual business for the period from April 1, 1967, to August 26, 1967. The Tribunal, however, found that there were two possible views on the matter, leading to the cancellation of the penalty.

The assessee contended that the partnership business actually commenced on April 1, 1967, despite the partnership deed being executed later. The Tribunal considered the conflicting views and the disclosure of income for the entire year, ultimately concluding that there was no concealment u/s 271(1)(c) of the Act.

The judgment emphasized that while income up to August 26, 1967, may have been assessed as individual income, it did not preclude the possibility of the entire year's income belonging to the partnership. As such, the Tribunal's decision to cancel the penalty was upheld, ruling in favor of the assessee and against the Revenue.