1987 (7) TMI 41 - HC - Income Tax

Summary

Issues:
1. Whether the Tribunal was justified in holding that the assessee had discharged the onus under the statutory Explanation below section 271(1)(c) of the Income-tax Act, 1961?
2. Whether the Tribunal was correct in cancelling the penalty imposed under section 271(1)(c) of the Income-tax Act, 1961?

Analysis:
The case involved the Tribunal considering whether the assessee had fulfilled the burden of proof under the Explanation to section 271(1)(c) of the Income-tax Act, 1961, and the correctness of cancelling the penalty imposed. The Tribunal had allowed the appeal of the assessee, concluding that the penalty was based on an estimate of income and did not indicate conscious concealment. The Tribunal held that the Revenue had to prove fraud or wilful neglect by the assessee. The Revenue contended that the Tribunal's decision lacked supporting material for the finding that the initial onus was discharged by the assessee. The High Court analyzed the case law and emphasized that a best judgment assessment does not exempt the assessee from penalty under section 271(1)(c). The Court deemed the Tribunal's decision as erroneous, stating that it was based solely on the best judgment assessment, which is not a legal ground to discharge the initial onus.

The Court referred to a previous case to highlight that failure to provide fresh material to rebut the presumption under the Explanation to section 271(1)(c) would result in deeming concealment. The Court distinguished another case where the Tribunal's finding was supported by material on record, unlike the present case where the finding was solely based on the best judgment assessment. The Court also cited a Rajasthan High Court decision where the finding of rebutting the presumption was based on material, unlike the current case. The Court concluded that the Tribunal's decision was perverse as it lacked any material to support the finding that the initial onus was discharged by the assessee.

In response to the issues raised, the Court answered both questions in the negative, favoring the Revenue. The Court held that the Tribunal was not justified in law in finding that the assessee had discharged the onus under the Explanation to section 271(1)(c) and that the Tribunal was incorrect in cancelling the penalty imposed. The Court directed the Tribunal to determine the penalty amount in accordance with the law, with each party bearing their own costs.