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2014 (6) TMI 505 - AT - Income TaxLevy of penalty u/s 271(1)(c) of the Act LTCG on sale of shares - Held that - The assessee has disclosed the income in the return of income, paid tax but claimed that the income is not taxable - The AO did not accept the assessee s claim and also levied penalty u/s 271(1)(c) in respect of the capital gains which is already disclosed by the assessee in the return of income - The very basis of the levy of penalty u/s 271(1)(c) is the concealment of income or furnishing of inaccurate particulars of income Relying upon CIT Vs. Reliance Petroproducts Pvt.Ltd. 2010 (3) TMI 80 - SUPREME COURT - The assessee disclosed the income in the returned income, made a claim by way of a note and the law does not bar or prohibit an assessee from making a claim which he believes is a plausible claim. The assessee s claim is duly supported by the opinion of a Senior Advocate - Department may or may not accept the assessee s claim as correct but the law does not bar an assessee from making a claim and the denial of such claim by the Revenue will not make the assessee liable for penalty of concealment of income - all the relevant facts were disclosed by the assessee and it is not the case of the Revenue that any facts disclosed by the assessee in the return of income were found to be incorrect or erroneous or false thus, the levy of penalty u/s 271(1)(c) of the Act was not justified Decided in favour of Assessee.
Issues Involved:
1. Whether the penalty levied under Section 271(1)(c) of the Income-tax Act, 1961, for the assessment year 2006-07 was justified. Issue-wise Detailed Analysis: 1. Penalty under Section 271(1)(c) of the Income-tax Act, 1961: The core issue in this appeal is the justification of the penalty of Rs. 7,26,45,992/- imposed by the Assessing Officer (AO) under Section 271(1)(c) of the Income-tax Act, 1961, and confirmed by the Commissioner of Income Tax (Appeals) [CIT(A)]. The penalty was levied on the claim of the assessee that the capital gain offered in the return of income amounting to Rs. 32.37 crores was not liable to be taxed in the year under consideration due to a stay order by the High Court on the transaction of sale. The assessee had disclosed the income in the return but argued that, due to the stay order, the capital gain should not be taxed in that year. The AO denied this claim and imposed the penalty, which was upheld by the CIT(A). 2. Arguments by the Assessee: The assessee argued that there was no concealment of income as the income was disclosed in the return, and all material facts were provided. The claim was based on a legal opinion from a Senior Advocate, suggesting that the capital gains should not be taxed in the year under consideration due to the stay order. The assessee cited several judicial precedents to support this contention, including: - CIT Vs. Reliance Petroproducts Pvt. Ltd. - [2010] 322 ITR 158 (SC) - Price Waterhouse Coopers Pvt. Ltd. Vs. CIT and Another - [2012] 348 ITR 306 (SC) - CIT Vs. DCM Ltd. - [2013] 359 ITR 101 (Delhi) 3. Arguments by the Department: The Department, represented by the learned CIT-DR, maintained that the CIT(A) had rightly upheld the penalty, arguing that the assessee made a wrong claim of exemption of the capital gains in the year under consideration. It was pointed out that the sale transaction ultimately materialized, and the assessee did not offer the income from capital gains in any subsequent years, thus justifying the penalty. 4. Tribunal's Findings: The Tribunal scrutinized the facts and arguments presented by both sides. It noted that the assessee had indeed disclosed the long-term capital gain in the return and paid the tax thereon but made a claim that it should not be taxed in the year under consideration due to the stay order. The Tribunal found no concealment of income as the income was disclosed, and the claim was made transparently with all relevant facts and legal backing. The Tribunal emphasized that making a claim before the AO that certain income is non-taxable does not constitute concealment. Citing the Supreme Court's ruling in CIT Vs. Reliance Petroproducts Pvt. Ltd., the Tribunal reiterated that a mere claim, which is not sustainable in law, does not amount to furnishing inaccurate particulars of income. The Tribunal also referenced the Delhi High Court's decision in CIT Vs. DCM Ltd., which supported the view that making a bona fide claim, even if legally untenable, does not attract penalty under Section 271(1)(c). 5. Conclusion: The Tribunal concluded that the levy of penalty under Section 271(1)(c) was not justified as there was no concealment of income or furnishing of inaccurate particulars by the assessee. The assessee had made a plausible claim supported by a legal opinion, and the denial of such a claim by the Revenue does not warrant a penalty. Therefore, the penalty was deleted, and the appeal of the assessee was allowed. Decision: The appeal of the assessee is allowed, and the penalty under Section 271(1)(c) is deleted. The decision was pronounced in the open Court on 6th June, 2014.
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