2012 (11) TMI 677 - HC - Income Tax

Penalty u/s 271(1)(c) - Assessee was in distressed and filed inaccurate particulars of Income - held that - Assessee has claimed the expenditure of amount of liability of the interest accrued which, in fact, was found that he did not pay within the financial year. However, for that purpose the assessee was not asked to furnish explanation etc. was the reason given by the Tribunal - Tribunal committed no mistake in allowing the appeal of the assessee and in fact in this appeal no question of law is involved and question of law as framed is because of misreading of the order passed by the Tribunal wherein only contention of the assessee s representative has been recorded with respect to the distressful state of mind of the assessee - provision providing for penalty upon mere giving wrong particulars and this fact is not an admitted fact - no force in the submission of Revenue to accept the mechanical reading of the said Section only which is in isolation to the facts of the case, therefore, this Tax Appeal is dismissed.

Summary

Issues:
- Justification of deleting penalty under Section 271(1)(c) based on distressed condition and inaccurate particulars of income.

Analysis:

1. The High Court considered the appeal questioning the Tribunal's deletion of the penalty under Section 271(1)(c) based on the assessee's distressed condition and filing inaccurate particulars of income. The Tribunal's decision was scrutinized, revealing that the penalty was not set aside solely due to the assessee's distress but because of specific reasons outlined in the order.

2. The Tribunal's decision was based on the lack of discussion regarding a portion of the penalty amount in both the penalty order and the appellate order. The Tribunal noted discrepancies in the treatment of the penalty amount and questioned whether the assessee had been asked to explain the reasons for non-payment of a significant portion of the penalty.

3. While the Tribunal acknowledged the assessee's distressful state of mind, it did not explicitly link this to the justification for setting aside the penalty. The High Court observed that the Tribunal's decision was not solely based on the assessee's mental state but rather on procedural irregularities and lack of explanations sought from the assessee regarding the penalty.

4. The High Court rejected the revenue's argument that penalty could be imposed merely for providing inaccurate particulars, emphasizing that the provision for penalty should not be applied mechanically but should consider the specific facts and circumstances of each case.

5. Ultimately, the High Court upheld the Tribunal's decision to delete the penalty, finding no merit in the revenue's argument. The Court emphasized the need to consider the specific circumstances of the case rather than mechanically applying the penalty provision. Consequently, the Tax Appeal was dismissed, affirming the Tribunal's decision to set aside the penalty under Section 271(1)(c).