2011 (6) TMI 784 - HC - Income Tax

Summary

Issues involved: Appeal challenging the Tribunal's judgment on cancellation of penalty u/s 271(1)(c) of the Act.

Judgment Summary:

Issue 1: Tribunal's decision on penalty cancellation
The Revenue appealed the Tribunal's decision to cancel the penalty of Rs. 8,69,672 levied u/s 271(1)(c) of the Act. The High Court examined whether the Tribunal's observation that the revised return was filed before any notice under Section 142 and 143 of the Act was factually correct. It was found that the revised return was filed after the Income Tax Department issued a notice under Section 143(2) of the Act, following an excise search in the assessee company's premises. The High Court concluded that the Tribunal's decision was not supported by the facts on record and remanded the proceedings to the Tribunal for fresh consideration, allowing both sides an opportunity to be heard.

Key Points:
- Tribunal's decision based on incorrect observation regarding the timing of the revised return filing.
- Revised return filed after notice under Section 143(2) of the Act, not before any inquiry or statutory notice.
- High Court remanded the proceedings to the Tribunal for fresh consideration and disposal in accordance with the law, keeping all contentions open.

Conclusion:
The High Court partially allowed the Tax Appeal, quashed the Tribunal's order, and remanded the proceedings for fresh consideration, ensuring both parties have a fair opportunity to present their case.