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2013 (3) TMI 656 - HC - Income TaxPenalty under Section 271(1)(c) - Held that - Tribunal deleted the penalty as it found that this was a case of bona fide clerical error while computing the tax liability in the process of filing its return of income. However as the same was rectified by the respondent - assessee on its own before the assessment was finalized penalty was not justified. The fact of the clerical error was also fortified by the fact that the advance tax had been paid by the respondent - assessee at the rate of 30% and not at the rate of 10%.
Issues:
- Dispute over penalty under Section 271(1)(c) of the Income Tax Act, 1961 for assessment year 2008-09. Analysis: 1. The respondent- assessee initially claimed a refund of &8377; 4.32 crores based on a mistaken computation of tax payable at 10% for short-term capital gains under Section 111A of the Income Tax Act, 1961. However, realizing the error, the assessee voluntarily rectified it by submitting a revised computation showing tax payable at 30%. The assessing officer completed the assessment without granting the refund claim but imposed a penalty under Section 271(1)(c) of the Act. 2. The Commissioner of Income Tax (A) upheld the penalty, leading to an appeal where the Tribunal intervened. The Tribunal found that the error was a bona fide clerical mistake made during the filing of the return of income. Since the assessee rectified the error before finalizing the assessment and had paid advance tax at the correct rate of 30%, the penalty was deemed unjustified. The Tribunal's decision was based on factual findings, leading to the dismissal of the appeal by the High Court. 3. The High Court, comprising J.P. Devadhar and M.S. Sanklecha, JJ., affirmed the Tribunal's decision, emphasizing that the penalty deletion was justified due to the rectification of the clerical error before final assessment. As the Tribunal's decision was fact-based, the High Court found no grounds to interfere with the appeal, resulting in the dismissal of the case without costs.
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