2010 (10) TMI 515 - AT - Income Tax

Penalty under section 271(1)(c) of the Income-tax Act, 1961 in respect of profit computed on an estimate basis - assessee was maintaining two sets of books, one was meant for showing income-tax authorities and the other for himself - In the second set, he is recording sales and certain expenses - addition has been made which has been confirmed up to the ITAT - modus operandi do indicate that it is not the case of simplicitor estimation of the income by disbelieving the books of account or other details submitted by an assessee during the course of assessment proceedings - CIT (Appeals) has rightly confirmed the penalty Appeal dismissed

Summary

Issues:
- Appeal against penalty under section 271(1)(c) for profit computed on an estimate basis.
- Failure to appear for hearings and adjournment requests.
- Assessment of penalty based on undisclosed transactions and two sets of books.
- Interpretation of section 271(1)(c) regarding concealment of income and inaccurate particulars.
- Confirmation of penalty by ITAT.

Detailed Analysis:
1. The appeals were filed against the penalty under section 271(1)(c) for profit computed on an estimate basis. The grievance was that the CIT (Appeals) erred in confirming the penalty for assessment years 1975-76 to 1990-91 due to the profit estimation method.

2. The appellant failed to appear for hearings despite adjournment requests. The ITAT did not grant further adjournment considering the conduct of the appellant and proceeded with the hearing in the presence of the appellant and the Learned DR.

3. The assessment revealed that the appellant maintained two sets of books, one for tax authorities and one for personal use, showing undisclosed transactions. The penalty was confirmed based on the evidence of selling goods out of books and recording expenses, indicating an attempt to avoid tax.

4. The interpretation of section 271(1)(c) was crucial in determining the penalty. The provision allows for penalties if the assessee conceals income or furnishes inaccurate particulars. The penalty can range from 100% to 300% of the tax evaded, with deeming provisions for concealment of income.

5. The ITAT confirmed the penalty based on the evidence of two sets of books and the deliberate attempt to hide income from tax authorities. The penalty was upheld as the appellant failed to substantiate the explanation for the undisclosed transactions.

6. Referring to the decision of the Orissa High Court, the ITAT explained the meaning of "concealed particulars of income" and "furnished inaccurate particulars of income." The court emphasized the direct attempt to hide income or provide inaccurate information to evade tax obligations.

7. In conclusion, all appeals filed by the appellant were dismissed, upholding the penalty under section 271(1)(c) for undisclosed transactions and deliberate attempts to avoid tax liabilities.