2010 (12) TMI 1291 - AT - Income Tax

Summary

Issues involved: Appeal against penalty imposed u/s 271(1)(c) of the Act based on under-valuation of closing stock during a search and seizure operation u/s 132 of the Act.

Summary:
1. The cross appeals were directed against the order passed by CIT(A)-I, Rajkot for the assessment year 1992-93 confirming the penalty imposed u/s 271(1)(c) of the Act.
2. A search and seizure operation u/s 132 of the Act was conducted, leading to the reopening of assessment u/s 147 of the Act. The assessing officer calculated an addition on account of under-valuation of closing stock, initiating penalty proceedings u/s 271(1)(c) of the Act.
3. The assessee contended that the ITAT had set aside the original assessment order, hence the penalty order should also be set aside. The assessing officer had reduced the addition while framing the assessment on the directions of the ITAT.
4. The ITAT reversed the findings of CIT(A) and directed the assessing officer to decide the market value of the stock at a lower rate. The penalty proceedings initiated were found to be not in accordance with law as the satisfaction of the assessing officer was not recorded and the original quantum order had been set aside.
5. The penalty imposed by the assessing officer was quashed, leading to the allowance of the assessee's appeal and the dismissal of the revenue's appeal.

Judgment: The penalty imposed u/s 271(1)(c) of the Act based on under-valuation of closing stock during a search and seizure operation u/s 132 of the Act was quashed by the ITAT due to lack of recorded satisfaction by the assessing officer and the setting aside of the original quantum order by the ITAT.