2015 (9) TMI 59 - AT - Income Tax

Penalty U/s.271(1)(c) - addition made on account of claim of depreciation, deduction claimed u/s.80IA and disallowance of deduction u/s.80IB - CIT(A) deleted penalty - Held that - We find that this issue being debatable and there being decisions in favour of the assessee at the time of filing of return for the relevant assessment year, it could not be said that the conduct of the assessee in claiming the deduction was not bona fide. In this view of the matter, we hold that it is not a fit case for levy of penalty u/s.271(1)(c) of the Act which was accordingly cancelled by the CIT(A) and the order of Ld.CIT(A) is confirmed. - Decided in favour of assessee.

Summary

Issues:
1. Deletion of penalty under section 271(1)(c) for excess claim of depreciation.
2. Deletion of penalty under section 271(1)(c) for concealed income on account of deduction under section 80IA.
3. Deletion of penalty under section 271(1)(c) for excess claim of deduction under section 80IB.

Analysis:

Issue 1: Deletion of penalty for excess claim of depreciation:
The Revenue appealed against the order of the Ld. Commissioner of Income Tax(Appeals) regarding the penalty imposed under section 271(1)(c) for an excess claim of depreciation. The Tribunal referred to previous decisions where penalties on similar grounds were deleted. The Tribunal upheld the deletion of the penalty, citing that the issue was debatable, and the assessee's explanation was considered genuine, leading to the conclusion that the penalty was not justified.

Issue 2: Deletion of penalty for concealed income on account of deduction under section 80IA:
The Revenue contested the deletion of penalty under section 271(1)(c) related to a deduction claimed under section 80IA. The Tribunal referred to earlier rulings where penalties for similar deductions were canceled. The Tribunal upheld the deletion of the penalty, emphasizing that the claim was made in good faith, based on legal beliefs, and the issue was debatable. The Tribunal found no grounds to levy the penalty under section 271(1)(c).

Issue 3: Deletion of penalty for excess claim of deduction under section 80IB:
The Revenue challenged the deletion of penalty under section 271(1)(c) concerning an excess claim of deduction under section 80IB. The Tribunal noted that the issue was debatable and there were favorable court decisions at the time of the claim. Referring to past judgments, the Tribunal upheld the deletion of the penalty, stating that the conduct of the assessee in claiming the deduction was bona fide. The Tribunal concluded that in such circumstances, the penalty under section 271(1)(c) could not be imposed.

In conclusion, the Tribunal dismissed the Revenue's appeal, upholding the decisions of the lower authorities to delete the penalties under section 271(1)(c) for the various deductions claimed by the assessee. The Tribunal found no compelling reasons to interfere with the orders of the Commissioner of Income Tax(Appeals) and confirmed the deletions of penalties based on the debatable nature of the issues and the genuine beliefs held by the assessee.