2015 (10) TMI 2708 - AT - Income Tax

Penalty under section 271(1)(c) - addition on account of service tax liability - Held that - Addition on the basis of which penalty was imposed under section 271(1)(c) of the Act, has been deleted by the Tribunal while deciding assessee s quantum appeal 2014 (6) TMI 1006 - ITAT MUMBAI , the very basis for imposition of penalty no more survives. Therefore, we have no hesitation in deleting the penalty imposed under section 271(1)(c) of the Act. - Decided in favour of assessee.

Summary

Issues:
Challenge to imposition of penalty under section 271(1)(c) of the Income Tax Act, 1961 for the assessment year 2007-08.

Detailed Analysis:
In this appeal, the assessee contested the order upholding the penalty imposed under section 271(1)(c) of the Income Tax Act, 1961 for the assessment year 2007-08. The assessee, a company, filed its income return declaring total income and claiming exemptions under various sections of the Act. The Assessing Officer noted discrepancies in the income declaration, disallowances, and outstanding liabilities, leading to the initiation of penalty proceedings.

During the penalty proceedings, it was observed that certain additions made by the Assessing Officer were deleted by the first appellate authority, leaving only one addition related to outstanding service tax liability. The penalty was imposed based on this remaining addition, treating it as concealed income. The assessee appealed against this penalty imposition, but both the first appellate authority and the Assessing Officer upheld the penalty.

Upon review, the Tribunal found that the addition on which the penalty was based had been deleted in a separate quantum appeal decision by the Tribunal. The Tribunal considered this fact and concluded that the basis for imposing the penalty no longer existed. Consequently, the penalty imposed under section 271(1)(c) of the Act was deemed unnecessary and was deleted. As a result, the grounds raised by the assessee were allowed, and the appeal was successful.

In conclusion, the Tribunal ruled in favor of the assessee, allowing the appeal and deleting the penalty imposed under section 271(1)(c) of the Income Tax Act, 1961 for the assessment year 2007-08. The decision was based on the deletion of the specific addition that formed the basis for the penalty, as determined in a separate quantum appeal hearing by the Tribunal.