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Issues Involved:
1. Justification and validity of cancelling penalties u/s 271(1)(c) for AY 1979-80 and 1980-81. 2. Applicability of penalty u/s 271(1)(c) for defaults committed by the accountant. 3. Basis for levy of penalty u/s 271(1)(c) on income assessed under compromise to avoid protracted proceedings. Summary: Issue 1: Justification and Validity of Cancelling Penalties u/s 271(1)(c) The High Court examined whether the Tribunal was justified in confirming the deletion of penalties levied u/s 271(1)(c) for AY 1979-80 and 1980-81. The Tribunal had held that if the addition to the income returned is based on an estimate, there can be no concealment as per section 271(1)(c). However, the High Court rejected this reasoning, stating that the case was not one of estimated assessment but rather based on revised returns filed by the assessee after a raid revealed substantial omissions. The court emphasized that even if the revised assessment was based on an estimate, it does not preclude the possibility of concealment. The court cited several precedents, including CIT v. E. V. Rajan and CIT v. Balakrishna Textiles, to support the view that penalty provisions apply even in cases of estimated income. The court concluded that the Tribunal erred in law and answered the first question in the negative, favoring the Revenue. Issue 2: Penalty for Defaults Committed by the Accountant The Tribunal had relied on cases like Ladhuram Laxminarayan v. CIT and CIT v. Dos Brothers to hold that the assessee-firm could not be penalized for the accountant's defaults. The High Court found this reasoning flawed, noting that the firm had multiple partners who could have overseen the accountant's work. The court distinguished the present case from those cited by the Tribunal, emphasizing that the omissions were not mere clerical errors but substantial suppressions of income. The court concluded that the Tribunal erred in holding that the penalty could not be levied for the accountant's defaults. However, it noted that the Tribunal did not expressly hold this view, making the second question referred to the court not actually arise. Issue 3: Basis for Levy of Penalty on Compromised Income The Tribunal had mentioned an argument that the penalty should not be levied as the income was assessed under a compromise to avoid protracted proceedings. The Tribunal did not give a finding on this argument, making the third question referred to the court not actually arise. The High Court pointed out that the cases cited by the assessee, such as CIT v. Ashoka Marketing Ltd. and CIT v. Lallubhai Jogibhai Patel, were not applicable to the present facts. The court emphasized that the revised returns were filed after a search revealed substantial omissions, not merely to avoid litigation. The court also cited Addl. CIT v. P. Nammalvar Naidu and Sons, stating that estoppel cannot be pleaded against statutory provisions. Conclusion: The High Court answered the first question in the negative and in favor of the Revenue, while the second and third questions did not actually arise. No costs were awarded.
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