2012 (2) TMI 65 - AT - Income Tax

Penalty u/s 271(1)(c) - sale of land assessee presumed it to be agricultural land on the basis of certificate issued by Tehsildar - notice issued u/s 148 return filed u/s 148 declaring the same as capital gains - Held that - There was no malafide intention of the assessee in not paying any capital gain as he was under bonafide belief because of the certificate issued by the Tehsildar that the land in question is situated beyond 8 kms from the municipal limits and hence, not liable for capital gain tax. All other particulars were furnished by the assessee while filing return of income in response to notice u/s 148. The return was filed before making any enquiry and entire receipt on account of sale consideration of agricultural was shown in the computation. Therefore, in our considered view, the CIT(A) was justified in canceling the levy of penalty. Accordingly, we confirm the order of the CIT(A) Decided in favor of assessee.

Summary

Issues:
Levy of penalty under section 271(1)(c) of the Income Tax Act.

Detailed Analysis:

Issue 1: Levy of Penalty
The Department objected to the deletion of penalty under section 271(1)(c) by the CIT(A). The AO initiated penalty proceedings based on the assessee's alleged concealment of income and furnishing inaccurate particulars. The AO imposed a penalty of Rs.15,41,732 on the tax amount of Rs.70,07,877, claiming that the assessee concealed income by not declaring long term capital gains (LTCG) and claiming false expenses in the return. The CIT(A) considered the submissions of the assessee, who argued that the initial return was filed based on a certificate from the Tehsildar stating the land was outside municipal limits, and the revised return included LTCG after receiving a notice u/s 148. The CIT(A) found that the assessee acted in good faith and there was no willful concealment. The AO accepted the revised return and the LTCG declared therein, making it unjust to impose a penalty for furnishing inaccurate particulars as the AO had accepted the income details provided by the assessee. The CIT(A) held that the penalty was not justified, leading to the cancellation of the penalty.

Judgment:
After considering the orders of the AO and the CIT(A), the Tribunal upheld the decision of the CIT(A) to cancel the penalty under section 271(1)(c). The Tribunal found that the assessee acted in good faith based on the Tehsildar's certificate and there was no malafide intention in not paying capital gains tax. The Tribunal noted that the AO had accepted the income details in the revised return, and therefore, penalizing the assessee for furnishing inaccurate particulars was unwarranted. The Tribunal confirmed the CIT(A)'s order, dismissing the Department's appeal.

This detailed analysis provides a comprehensive understanding of the judgment, focusing on the issues involved and the reasoning behind the decisions made by the authorities and the Tribunal.