2015 (1) TMI 1315 - AT - Income Tax

Penalty u/s.271(1)(c) - disallowance made under of Section 94(7) - Held that - At the time of assessment proceedings when the details of purchase and sale of shares and units were called for in the course of ordinary hearing the assessee furnished complete particulars of transactions. During these proceedings the said mistake was realized and the assessee agreed before the A.O. to disallow the said amount. Since assessee has agreed for disallowance no show cause notice was issued by the A.O. in this regard. The disallowance was made as per the working submitted by the appellant which has been accepted by the A.O. Also against the said disallowance no appeal is filed by the assessee. It is a case of an inadvertent mistake made by the assessee and the assessee agreed for disallowance at the time of assessment proceedings. Accordingly no penalty u/s.271(1)(c) of the Act was warranted. Putting these facts to the proposition of law discussed by coordinate bench in the case of City Group Global Markets India Pvt. Ltd 2011 (12) TMI 658 - ITAT MUMBAI we do not find any merit in the penalty so imposed by the AO u/s.271(1)(c) of the Act with respect to the disallowance made under of Section 94(7) of the Act. - Decided n favour of assessee Penalty imposed on account of addition made for legal and professional fee - Held that - We found that quantum additions so made has been restored back by the CIT(A) to the file of AO with a direction to verify the nature of expenditure which is clear from the order of CIT(A). In view of the above penalty imposed in respect of these additions which have been set aside is also restored to the file of AO for deciding afresh after passing the order to give effect to the direction of the CIT(A) with reference to such addition. We direct accordingly.

Summary

Issues:
1. Imposition of penalty under section 271(1)(c) of the Income Tax Act on disallowance made under section 94(7).
2. Imposition of penalty under section 271(1)(c) on reduction in claim of rebate under section 88E.
3. Comments by CIT(A) on the disallowance of arbitrage fees and legal & professional fees and their impact on penalty under section 271(1)(c).

Issue 1: Imposition of Penalty under Section 271(1)(c) on Disallowance under Section 94(7):
The appeal was filed against the CIT(A)'s order confirming the penalty imposed by the Assessing Officer for disallowance under section 94(7) of the Income Tax Act. The assessee, a share broker and trader, inadvertently failed to disallow a small amount under section 94(7) for dividend stripping. The Tribunal noted that the mistake was unintentional, and the assessee agreed to the disallowance during assessment proceedings. Citing a similar case precedent, the Tribunal held that no malafide intention was present, and the penalty under section 271(1)(c) was not warranted. The penalty was canceled based on the inadvertent nature of the mistake and the assessee's cooperation during assessment.

Issue 2: Imposition of Penalty under Section 271(1)(c) on Reduction in Claim of Rebate under Section 88E:
The appellant contested the penalty imposed for the reduction in the claim of rebate under section 88E of the Income Tax Act. However, the Tribunal did not provide detailed analysis or discussion specific to this issue in the judgment provided. Therefore, it can be inferred that the Tribunal did not find merit in the penalty imposed on this ground, as no further discussion or decision was mentioned in the judgment regarding this issue.

Issue 3: Comments by CIT(A) on Disallowance of Arbitrage Fees and Legal & Professional Fees:
The CIT(A) made remarks regarding the disallowance of arbitrage fees and legal & professional fees, stating that the appellant did not voluntarily offer the disallowance for taxation and provided a false and non-bona fide explanation. The Tribunal noted that the quantum additions related to legal and professional fees were sent back to the Assessing Officer by the CIT(A) for verification. Consequently, the penalty imposed concerning these additions was also sent back to the AO for reconsideration in line with the CIT(A)'s directions. The Tribunal directed the AO to decide afresh on the penalty with reference to these additions. The appeal was allowed in part based on these considerations.

In conclusion, the Tribunal's judgment addressed the issues of penalty imposition under sections 271(1)(c) for disallowances made under section 94(7) and rebate reduction under section 88E. The Tribunal canceled the penalty for the inadvertent disallowance under section 94(7) while directing a reconsideration of the penalty related to legal and professional fees based on the CIT(A)'s directions. The judgment provided detailed analysis and cited relevant case precedents to support its decisions on the issues raised in the appeal.