2011 (4) TMI 58 - HC - Income Tax

Penalty u/s 271(1)(c) - Deduction claimed u/s 80IB - Matter is covered against the revenue by the judgment of this Court dated 28.7.2010 in The Commissioner of Income-Tax Vs. M/s Raj Overseas - No substantial question of law arises - nonallowability of 8-0IB deduction on export incentives - there was no deliberate furnishing of inaccurate particulars by the assessee - The appeals are dismissed in favour of assessee.

Summary

Issues Involved:
1. Appeal against deletion of penalty under Section 271(1)(c) of the Income Tax Act, 1961 for claiming deduction under Section 80IB on export incentives.
2. Justification of the decision to delete the penalty in light of relevant legal precedents.
3. Assessment of deliberate concealment in the context of the penalty under Section 271(1)(c) of the Income-Tax Act, 1961.

Issue 1:
The appeal was filed against the deletion of penalty under Section 271(1)(c) of the Income Tax Act, 1961 for claiming a deduction under Section 80IB on export incentives. The Income Tax Appellate Tribunal had deleted the penalty, stating that there was no deliberate furnishing of inaccurate particulars by the assessee. The appellant argued that the assessee had access to legal precedents disallowing the claim of deduction under Chapter VIA of the Act on export incentives. The question raised was whether the assessee was filing inaccurate particulars of income by claiming the deduction under Section 80IB on export incentives.

Issue 2:
The decision to delete the penalty under Section 271(1)(c) was challenged in light of the judgment in Liberty India Vs. CIT, where the non-allowability of 80IB deduction on export incentives was reaffirmed. The appellant questioned the justification of the Tribunal's decision to quash the penalty order on the grounds of no deliberate concealment. Reference was made to the judgment in Dharmendra Textile Processors case, arguing that the assessee's action should be deemed as concealment within Explanation-1(B) of Section 271(1)(c) of the Income-Tax Act, 1961.

Issue 3:
The counsel for the revenue conceded that the matter was covered against the revenue by a previous judgment of the Court in a related case. It was acknowledged that no substantial question of law arose in the present case, leading to the dismissal of the appeals. The decision was based on the existing legal precedents and the lack of merit in challenging the deletion of the penalty under Section 271(1)(c) in the given circumstances.

This judgment by the High Court of Punjab and Haryana addressed the issues related to the deletion of a penalty under Section 271(1)(c) of the Income Tax Act, 1961 concerning the claim of deduction under Section 80IB on export incentives. The Court analyzed the arguments presented by the appellant regarding the accuracy of the assessee's particulars of income and the applicability of legal precedents disallowing such deductions. The decision to delete the penalty was evaluated in light of relevant judgments, including the reaffirmation of non-allowability of 80IB deduction on export incentives. Ultimately, the Court dismissed the appeals, emphasizing the lack of substantial legal questions and affirming the Tribunal's decision based on existing legal principles and precedents.