2010 (1) TMI 1208 - AT - Income Tax

Summary

Issues Involved:
1. Levy of penalty u/s 271(1)(c) of the I.T. Act, 1961 for Assessment Years 1998-99, 1999-2000, and 2000-01.

Summary:

1. Levy of Penalty u/s 271(1)(c) of the I.T. Act, 1961:
The assessee claimed deductions u/s 80-IA on gross total income before allowing deduction u/s 80-HHC. The Assessing Officer (AO) recalculated the deduction u/s 80-IA after allowing deduction u/s 80-HHC, leading to a reduced deduction. The CIT(A) initially allowed the assessee's claim, but the ITAT, following the decision in ACIT vs. Rogini Garments, directed the AO to first allow deduction u/s 80-IA and then u/s 80-HHC. The AO then levied penalties u/s 271(1)(c) for furnishing inaccurate particulars of income.

2. Assessee's Argument:
The assessee argued that the deductions were claimed based on prevailing favorable judgments, including those from ITAT Ahmedabad Bench and other Tribunals. The returns were filed with full disclosure and supported by Auditor's Certificates. The assessee contended that the penalties were unjustified as the claims were made under a bona fide belief and supported by existing case law.

3. CIT(A)'s Findings:
The CIT(A) upheld the penalties, stating that the assessee claimed excess deductions contrary to the restrictive clause in section 80IA(9). The CIT(A) noted that the excess deductions were claimed to reduce tax liability, justifying the penalty.

4. Tribunal's Analysis:
The Tribunal noted that the assessee's claims were based on several favorable decisions from different ITAT Benches, including ITAT Ahmedabad. The Tribunal emphasized that the claims were made before the decision in Rogini Garments and were supported by bona fide belief and full disclosure. The Tribunal cited various judgments, including those from the Hon'ble Rajasthan High Court and Hon'ble Delhi High Court, which held that penalties are not justified for debatable or bona fide claims.

5. Conclusion:
The Tribunal concluded that the assessee's explanation was bona fide and supported by existing case law at the time of filing returns. The Tribunal set aside the orders of the authorities below and canceled the penalties u/s 271(1)(c) of the I.T. Act, 1961.

Order:
All the appeals of the Assessee are allowed. The penalties u/s 271(1)(c) are canceled.

Order signed, dated, and pronounced in the Court on 22/01/2010.