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Issues involved: Assessment of penalty u/s 271(1)(c) of the Income Tax Act, 1961 for concealment of income.
Summary: 1. The Department appealed against the cancellation of a penalty of Rs. 3,75,00,000 imposed on the assessee u/s 271(1)(c) for the assessment year 1996-97. The dispute arose from the treatment of a receipt from Hewlett Packard (HP) as a capital receipt by the assessee, while the Assessing Officer considered it as business profits. 2. The CIT(A) cancelled the penalty, stating that the assessee had disclosed all relevant facts and documents regarding the receipt from HP. The AO's claim of concealment was based on the rejection of the assessee's claim, which was considered a difference of opinion rather than deliberate concealment. 3. The Tribunal upheld the CIT(A)'s decision, emphasizing that the assessee's claim was not frivolous and that there was no deliberate attempt to conceal income. The Tribunal found that the dispute was based on interpretation of the nature of the receipt from HP and did not involve concealment or furnishing inaccurate particulars. 4. Citing precedents and legal principles, the Tribunal concluded that the assessee's appeal to the High Court, along with the framing of substantial questions of law, supported the validity of the claim. The Tribunal dismissed the Revenue's appeal, affirming the cancellation of the penalty. Judgment: The penalty u/s 271(1)(c) was cancelled by the Tribunal, as the dispute over the nature of the receipt from HP did not amount to concealment of income or furnishing inaccurate particulars. The assessee's disclosure of all relevant details and legal support for their claim demonstrated a bona fide difference of opinion rather than deliberate concealment.
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