2015 (6) TMI 291 - HC - Income Tax

Penalty under sec.18(1)(c) of the Wealth Tax Act.- Held that - As in the quantum appeal, the Tribunal deleted the addition made in respect of the property at Anna Nagar on the ground that the same cannot be included in the net wealth of the assessee. This factual aspect was not disputed by the learned D.R. when the property at Annanagar could not be included in the net wealth of the assessee, in our view there cannot be any concealment so as to levy penalty under sec.18(1)(c) of the Act in respect of the very same property. - Decided in favour of assessee.

Summary

Issues:
Appeal against deletion of penalty by Income Tax Appellate Tribunal for assessment years 1985-86 to 1990-91.

Analysis:
The High Court of Madras heard the appeals filed by the Revenue challenging the deletion of penalty by the Income Tax Appellate Tribunal for the assessment years 1985-86 to 1990-91. The counsel for the assessee argued that since the Revenue did not appeal against the Tribunal's order on the merits of the case, the penalty does not stand alone and cannot be sustained. The Tribunal had deleted the penalty in relation to a property at Anna Nagar, based on the finding that it could not be included in the net wealth of the assessee. The Tribunal's decision was based on the fact that if the property could not be included in the net wealth, there could be no concealment to justify a penalty under Section 18(1)(c) of the Wealth Tax Act. The High Court concurred with the Tribunal's findings and dismissed the Revenue's appeals, upholding the deletion of penalty. As the Revenue did not challenge the deletion of additions by the Tribunal, the basis for imposing the penalty under Section 18(1)(c) of the Wealth Tax Act was found to be lacking. Consequently, the High Court dismissed the Tax Case (Appeals) with no costs incurred by either party.