2010 (9) TMI 832 - HC - Income Tax

Penalty u/s 171(1)(c) - Concealment of income - section 14A of the Act specifically excluded the deductions in respect of the expenditure incurred by the assessee in relation to income which does not form part of the total income under the Act - held that - Merely because the assessee had claimed the expenditure, which claim was not accepted or was not acceptable to the revenue, that by itself would not, in our opinion, attract the penalty under section 271(1)(c). - Decided in favor of assessee.

Summary

Issues:
Appeal against Income-tax Appellate Tribunal's order on penalty under section 271(1)(c) for assessment year 1997-98.

Analysis:
1. The appeal challenged the Tribunal's approval of the CIT(A)'s decision to set aside the penalty imposed by the Assessing Officer under section 271(1)(c) of the Act. The CIT(A) found that the appellant had disclosed all relevant facts during assessment proceedings and had not furnished inaccurate particulars of income. The Tribunal accepted this finding after thorough scrutiny. The appellant had explained the terms of an agreement with a labor union, the arrears of wages, and the allowed deduction in the assessment order. The CIT(A) concluded that penalty imposition was unwarranted based on the disclosed information and the Assessing Officer's actions.

2. The Tribunal's decision was supported by the Supreme Court's ruling in CIT v. Reliance Petroproducts (P.) Ltd. The Court emphasized that for penalty under section 271(1)(c), inaccurate particulars must be deliberately furnished, indicating mens rea. The Court clarified that a mere unsustainable claim in the return does not amount to furnishing inaccurate particulars. The Court highlighted that if details in the return are not found to be inaccurate or false, penalty under section 271(1)(c) cannot be invoked. The Court rejected the argument that excessive deductions or unaccepted claims automatically lead to penalty, emphasizing the need for deliberate misleading intent for penalty imposition.

3. Considering the legal principles outlined by the Supreme Court, the High Court found that the appellant had disclosed the necessary information, produced books of account, and claimed deductions in accordance with the law. The re-assessment did not change the fact that the appellant had provided accurate particulars. Therefore, the imposition of penalty was deemed unjustified. The High Court dismissed the appeal, stating that no substantial question of law was involved, affirming the decisions of the lower forums.

This analysis provides a detailed breakdown of the judgment, highlighting the legal reasoning behind the decision to dismiss the appeal against the penalty under section 271(1)(c) for the assessment year 1997-98.