1988 (4) TMI 21 - HC - Income Tax

Summary

Issues Involved:
1. Legality of penalty under Section 271(1)(c) for specified assessment years.
2. Legality of action by the Inspecting Assistant Commissioner under Section 271(1)(c) when the first assessment was made under the 1922 Act.
3. Applicability of post-April 1, 1962 law for determining penalty quantum for returns submitted prior to this date.
4. Invocation of the Explanation to Section 271(1)(c) as of the penalty levy date.
5. Satisfaction of the Income-tax Officer regarding concealment or inaccurate particulars of income.
6. Justification of the Income-tax Appellate Tribunal in imposing minimum penalty based on the assessee's admission for settlement purposes.

Detailed Analysis:

1. Legality of Penalty under Section 271(1)(c):
The court examined whether penalties for the assessment years 1955-56 to 1961-62 and 1964-65 could be legally levied under Section 271(1)(c) of the Income-tax Act, 1961. The court concluded that penalties were justifiable based on the reassessments completed on September 26, 1969, which revealed concealed income. The court emphasized that the crucial date for penalty purposes is the reassessment date, not the original return filing date.

2. Legality of Action by the Inspecting Assistant Commissioner:
The court addressed whether the Inspecting Assistant Commissioner could legally take action under Section 271(1)(c) of the 1961 Act when the first assessment was made under the 1922 Act. The court held that since the reassessments were completed after the 1961 Act came into force, the provisions of the 1961 Act, including Section 271(1)(c), were applicable.

3. Applicability of Post-April 1, 1962 Law for Penalty Quantum:
The court considered whether the quantum of penalty for returns submitted before April 1, 1962, could be determined under the law as it stood after this date. The court ruled that the law as it stood on the reassessment date, including the Explanation to Section 271(1)(c) inserted with effect from April 1, 1964, was applicable. This conclusion was based on the Supreme Court's decisions in Jain Brothers v. Union of India and Maya Rani Punj v. CIT, which established that the crucial date for penalty imposition is the reassessment date.

4. Invocation of the Explanation to Section 271(1)(c):
The court examined whether the Explanation to Section 271(1)(c) as it stood on the penalty levy date could be invoked. The court found that for the assessment year 1964-65, the Explanation was applicable since the original return was filed after its insertion. For other years, the court concluded that penalties were justified based on the reassessment findings, which revealed concealed income.

5. Satisfaction of the Income-tax Officer:
The court analyzed whether the Income-tax Officer was satisfied during the assessment proceedings that the assessee had concealed income or furnished inaccurate particulars. The court found that the reassessments completed on September 26, 1969, clearly indicated concealment, justifying the penalties imposed.

6. Justification of Minimum Penalty Imposition:
The court considered whether the Income-tax Appellate Tribunal was justified in imposing the minimum penalty based on the assessee's admission for settlement purposes. The court upheld the Tribunal's decision, noting that the assessee had voluntarily admitted the concealed income and requested the imposition of minimum penalty. The court emphasized that the penalty imposed was the exact amount solicited by the assessee, and the corresponding entries were made in the account books.

Conclusion:
The court answered all references in the affirmative, against the assessee and in favor of the Revenue, holding that the Tribunal's view on all questions referred was justified. No costs were awarded.