1993 (11) TMI 11 - HC - Income Tax

Summary

Issues Involved:
The judgment addresses the following Issues:
1. Interpretation of law applicable for imposing penalty under section 271(1)(c) of the Income-tax Act, 1961.
2. Calculation of penalty based on income when the quantum matter is pending before the High Court.

Issue 1:
The case involved a dispute regarding the law applicable for imposing a penalty under section 271(1)(c) of the Income-tax Act, 1961. The assessee had initially filed a return showing an income of Rs. 7,798, but was later assessed at Rs. 1,02,398. Subsequently, penalty proceedings were initiated, resulting in a penalty of Rs. 1,10,602 being imposed by the Inspecting Assistant Commissioner. The Appellate Tribunal held that a minimum of 20% of the tax sought to be evaded should have been imposed. The matter was referred to a Full Bench due to conflicting decisions, where it was clarified that the law applicable for penalty imposition is as in force at the time of filing the original return, not at the time of filing returns in response to notices under section 148.

Issue 2:
The second issue pertained to the calculation of penalty based on income while the quantum matter was pending before the High Court. The Tribunal directed the calculation of penalty on the basis of an income of Rs. 23,173, despite the quantum matter being unresolved. The court referred to a Supreme Court decision in CIT v. Onkar Saran and Sons [1992] 195 ITR 1, which emphasized that the law applicable for penalty imposition is that in force at the time of filing the original return. The court upheld the Tribunal's decision, stating that the penalty should be determined based on the law at the time of filing the original return.

In conclusion, the judgment clarified the law applicable for imposing penalties under section 271(1)(c) of the Income-tax Act, emphasizing that the relevant law is that in force at the time of filing the original return. The decision supported the Tribunal's calculation of penalty based on the income declared in the original return, even when the quantum matter was pending before the High Court.