2015 (6) TMI 532 - HC - Income Tax

Penalty u/s 271 (1)(c) - quantum of addition of ₹ 3,55,85,515/- assessed u/s 115-A - Held that - When the addition was deleted in quantum appeal, then there is no justification for levy of the penalty. - Decided in favour of assessee.

Summary

Issues:
Appeal against cancellation of penalty under Section-271(1)(c) of the Income Tax Act for the assessment year 2002-03.

Analysis:
The High Court admitted the appeal based on substantial questions of law raised by the department. The first issue questioned the ITAT's deletion of penalty despite the return being filed on NIL income. The second issue raised the validity of penalty deletion when the quantum had already been deleted. The third issue focused on the justification of penalty deletion due to NIL income after adjustment and TDS refund. The fourth issue challenged the ITAT's deletion of penalty on the quantum of addition assessed under Section 115-A. The brief facts of the case involved a company incorporated in Italy awarded a contract by Indian Oil Corporation Ltd. The AO levied a penalty under Section-271(1)(c) on off shore supply and estimation of G.P. The penalty was canceled by appellate authorities based on quantum appeal deletions and case law precedents. The High Court upheld the deletion of additions by dismissing the department's appeal. The Court found no justification for the penalty after deletion of additions in the quantum appeal, thereby sustaining the impugned orders. The substantial questions of law were answered in favor of the assessee, leading to the dismissal of the department's appeal.