9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (12) TMI 286 - AT - Income TaxExpenditure incurred for increasing authorized capital claimed as Revenue - Additions made and penalty proceedings initiated - Assessee Non recording of Satisfaction, charge on which penalty levied is not communicated, relied on advise of professional M/s Bajaj & Arora - Held That - In view of CIT v. Zoom Communications Pvt. Ltd (2010 - TMI - 75987 - DELHI HIGH COURT), issue of levy or otherwise of the penalty has to be decided on the basis of explanation on record. The assessee has not furnished any satisfactory explanation as to why a prima facie inadmissible claim was made in the return, more so when even for accounting purpose the opinion of M/s Bajaj & Arora was some what tentative. - Decided against assessee.
Issues Involved:
1. Deductibility of expenditure paid to Registrar of Companies for raising authorized capital. 2. Penalty proceedings under Section 271(1)(c) for concealment of income or furnishing inaccurate particulars of income. 3. Non-recording of satisfaction before initiating penalty proceedings. 4. Merits of the penalty based on expert opinion and tax audit report. Detailed Analysis: 1. Deductibility of Expenditure: The primary issue was whether the expenditure of Rs. 7,80,500/- paid to the Registrar of Companies for raising authorized capital could be claimed as revenue expenditure. The assessee claimed it as revenue expenditure, but the Assessing Officer (AO) disallowed it, treating it as capital expenditure based on the Supreme Court decisions in Punjab State Industrial Development Corporation v. CIT and Brooke Bond India Ltd. v. CIT. The disallowance was upheld, and the expenditure was not considered deductible. 2. Penalty Proceedings under Section 271(1)(c): The AO initiated penalty proceedings under Section 271(1)(c) for concealing taxable income by claiming excessive expenditure. The penalty was confirmed by the CIT(Appeals), who relied on the decisions in Union of India v. Dharmendra Textile Processors Ltd. and CIT v. Escorts Finance Ltd. The Tribunal concluded that the satisfaction for initiating penalty proceedings was recorded during the assessment, and the claim of excessive expenditure amounted to furnishing inaccurate particulars of income. 3. Non-recording of Satisfaction: The assessee argued that no satisfaction was recorded before initiating penalty proceedings. The Tribunal found that the AO had recorded satisfaction during the assessment proceedings, noting that the assessee claimed excessive expenditure. This satisfied the requirement that satisfaction must be recorded during the assessment proceedings, not in the penalty order. The Tribunal distinguished this case from Ms. Madhushree Gupta & Another v. Union of India & Another, where the satisfaction was required to be recorded during the assessment proceedings. 4. Merits of the Penalty Based on Expert Opinion and Tax Audit Report: The assessee contended that the claim was based on an expert opinion from M/s Bajaj & Arora, Chartered Accountants, who opined that the expenditure was revenue in nature. The Tribunal noted that the opinion was for accounting purposes, not for computing total income under the Income Tax Act. The Tribunal found that the claim was not discernible from the accounts and was made despite two adverse Supreme Court decisions. The Tribunal held that the claim was not bona fide and was pursued despite being patently disallowable. The Tribunal also considered various case laws cited by the assessee, including decisions in the cases of A.B. Movies Pvt. Ltd., Deep Tools (P) Ltd., S. Dhanabal, Bijli Investment (P) Ltd., and AT&T Communication Services India (P) Ltd. However, it found these cases distinguishable as they involved bona fide claims based on statutory requirements or prior allowances by revenue authorities. The Tribunal relied on the decisions in CIT v. Escorts Finance Ltd. and CIT v. Zoom Communications Pvt. Ltd., which emphasized that false claims, even if based on erroneous advice, could attract penalties. The Tribunal concluded that the assessee had not furnished a satisfactory explanation for the false claim and upheld the penalty. Conclusion: The appeal was dismissed, and the penalty under Section 271(1)(c) was upheld due to the false claim of expenditure, non-bona fide explanation, and the clear recording of satisfaction during the assessment proceedings.
|
