2016 (12) TMI 1603 - HC - Income Tax

Penalty u/s 271(1)(c) - concealment of income/furnishing of inaccurate particulars of Income - Held that - The contention raised by the appellant is required to be accepted and in the finding of Assessing Officer in the assessment order it is held that the AO, has to give a notice as to whether he proposes to levy penalty for concealment of income or furnishing inaccurate particulars. He cannot have both the conditions and if it is so he has to say so in the notice and record a finding in the penalty order. See Chennakesava Pharmaceuticals Vs. CIT 2013 (7) TMI 808 - ANDHRA PRADESH HIGH COURT - Decided in favour of the assessee

Summary

Issues:
Challenge to Tribunal's judgment on penalty for concealment of income/furnishing inaccurate particulars of income.

Analysis:
The appellant challenged the Tribunal's decision on penalty for concealment of income/furnishing inaccurate particulars of income. The case involved discrepancies in the assessment proceedings for the assessment year 94-95 related to alleged payment of hire charges to an individual who did not own any vehicle, leading to bogus claims and under-assessment of income. The Assessing Officer initiated penalty proceedings under Section 271(1)(c) for concealment of income/furnishing inaccurate particulars of income. The appellant cited the Andhra Pradesh High Court's decision emphasizing the need for the assessing officer to establish in the assessment order whether the assessee concealed income or furnished inaccurate particulars before imposing a penalty.

The appellant also referred to the Supreme Court's ruling in Dilip N. Shroff's case, highlighting the importance of the assessing officer's clarity in determining whether there was concealment of income or furnishing of inaccurate particulars. The Court noted that the assessing officer must specify the grounds for penalty imposition clearly in the assessment order. The respondent argued that the penalty notice indicated fulfillment of both conditions, but the Court emphasized the need for the assessing officer to make a specific finding in the penalty order regarding the nature of the violation.

Considering the legal precedents and the requirement for clarity in penalty imposition, the Court favored the appellant's contention. The Court held that the assessing officer must specify whether the penalty is for concealment of income or furnishing inaccurate particulars and cannot impose penalties based on both conditions simultaneously without clear findings. Therefore, the Court ruled in favor of the appellant, allowing the appeal against the Tribunal's decision on the penalty issue.