9911796707
|
Home
Issues:
Determining the legality of canceling penalties under section 271(1)(c) of the Income-tax Act, 1961 based on the claim of deduction of house tax and interest calculation. Analysis: The case involved an appeal by the Revenue challenging the cancellation of penalties imposed under section 271(1)(c) of the Income-tax Act, 1961. The Assessing Officer had imposed penalties on the assessee for concealing income for the assessment years 1988-89 and 1989-90. However, the Commissioner of Income-tax (Appeals) canceled the penalties based on the assessee's claim of deduction of house tax and interest calculation, which were considered bonafide. The Commissioner's decision was influenced by similar penalties being set aside for previous assessment years by the Deputy Commissioner of Income-tax (Appeals). The Income-tax Appellate Tribunal upheld the Commissioner's decision, noting that the claim for deduction and interest calculation were genuine and did not amount to concealment. The Tribunal found no distinguishing factor to warrant a different conclusion and upheld the cancellation of penalties for both years. During the hearing, it was revealed that the penalties for earlier years had already been canceled by the Commissioner, and no challenges were made by the Revenue before higher courts. The High Court, after considering the explanations accepted by the Commissioner of Income-tax (Appeals) regarding the alleged concealment of income, concluded that there was no basis to interfere with the decisions. The court emphasized that once the Commissioner accepted the assessee's explanations, there was no justification for judicial intervention. Consequently, the appeals were dismissed, affirming the cancellation of penalties by the lower authorities.
|
