2011 (6) TMI 808 - AT - Income Tax

Summary

Issues involved:
The judgment deals with the issue of levy of penalty u/s 271(1)(c) of the Income Tax Act, 1961 on the assessee for furnishing inaccurate particulars of income and concealment of income in Assessment Year 2005-06.

Comprehensive Details:

1. Background:
The appeal arose from the order of CIT(A) confirming the penalty imposed by the Assessing Officer u/s 271(1)(c) of the Act. The assessee had sold two plots of land and claimed exemption u/s 54F by depositing the sale proceeds in a Capital Gains Accounts Scheme. However, the assessee later withdrew the amount due to financial crisis.

2. Assessee's Argument:
The assessee contended that as per proviso 1 to section 54F(4) of the Act, if the capital gain withdrawn in a year is not taxable in that year, then no penalty should be levied. The assessee argued that since the capital gain was to be assessed in AY 2008-09, penalty for AY 2005-06 was not justified.

3. Legal Provisions and Analysis:
The Tribunal examined the proviso to section 54F(4) which specifies the treatment of unutilized amounts deposited under the scheme. It was noted that the capital gain on the sale consideration of the properties should be assessed in AY 2008-09, not in AY 2005-06 as done by the AO. Referring to a Bombay High Court case, it was established that penalty cannot be levied in an assessment year where the income is not assessable.

4. Decision:
Based on the legal provisions and precedents, the Tribunal ruled in favor of the assessee, stating that penalty u/s 271(1)(c) cannot be levied for AY 2005-06 as the capital gain was not assessable in that year. Therefore, the penalty imposed was deleted, and the appeal of the assessee was allowed.

Conclusion:
The Tribunal's decision highlighted the importance of aligning the assessment of income with the relevant assessment year and emphasized that penalties cannot be levied when income is not assessable in a particular year.