2015 (9) TMI 955 - AT - Income Tax

Penalty under section 271(1)(c) - disallowance of deduction under section 80IB and 80HHC - Held that - Undisputedly the issue of deduction under section 80IB and 80HHC of the Act on export incentive was debatable. Various Benches of the Tribunal have taken a contrary view; rather there was a conflict in the view of different High Courts. The controversy in this regard was set at rest by the Hon ble Apex Court in the case of Liberty India vs. CIT (2009 (8) TMI 63 - SUPREME COURT ). But before this judgment, the issue was highly debatable and therefore on a debatable issue penalty should not be levied under section 271(1)(c) of the Act, as the claim of deduction was made on the basis of a bonafide belief after relying upon certain judgments of the Tribunal/High Courts. In such circumstances, we are of the view that penalty under section 271(1)(c) of the Act cannot be levied. We have also carefully examined the order of the ld. CIT(A) and we find that the ld. CIT(A) has adjudicated the issue in the light of the judicial pronouncements of the Apex Court and various High Courts. Since we do not find any infirmity in the order of the ld. CIT(A), we confirm his order deleting the penalty. - Decided in favour of assessee.

Summary

Issues Involved:
1. Deletion of penalty under section 271(1)(c) of the Income-tax Act, 1961.
2. Excess deduction claimed under sections 80IB and 80HHC of the Income-tax Act, 1961.
3. Bona fide belief and legal position on deductions.
4. Retrospective application of Taxation Laws Amendment Act, 2005.
5. Judicial precedents and their impact on the case.

Issue-wise Detailed Analysis:

1. Deletion of penalty under section 271(1)(c) of the Income-tax Act, 1961:
The appeal by the Revenue was against the order of the CIT(A) which deleted the penalty of Rs. 1.25 crores levied under section 271(1)(c). The penalty was originally imposed by the Assessing Officer (AO) on the grounds that the assessee had claimed excess deductions under sections 80IB and 80HHC. The CIT(A) found that there was neither any concealment nor furnishing of inaccurate particulars by the assessee, and the penalty was therefore unjustified.

2. Excess deduction claimed under sections 80IB and 80HHC of the Income-tax Act, 1961:
The AO noticed that the assessee had claimed excess deductions under sections 80IB and 80HHC. The assessee contended that the deductions were claimed based on the legal position at the time, which was later reversed by higher judicial authorities. The assessee agreed to an addition of Rs. 2 crores with the condition that no penal action would be initiated. The AO, however, levied the penalty, which was later deleted by the CIT(A).

3. Bona fide belief and legal position on deductions:
The CIT(A) observed that the deductions were claimed based on the legal position prevailing at the time of filing the return. The assessee had relied on the Tribunal's decision in the case of ACIT vs. Vipin Sardana, which allowed deductions under section 80IB on duty drawback. The Tribunal's view was later reversed by the High Court in CIT vs. Ritesh Industries Ltd. The CIT(A) concluded that the claim was made bona fide and based on prevailing legal interpretations, and thus, did not warrant a penalty.

4. Retrospective application of Taxation Laws Amendment Act, 2005:
The CIT(A) noted that the return was filed before the enactment of the Taxation Laws Amendment Act, 2005, and the judgment in CIT vs. Ritesh Industries Ltd. The Gujarat High Court in Avani Exports vs. CIT and the Bombay High Court in Vijay Silk House (Bangalore) Ltd. vs. Union of India held that the retrospective application of the amendment was violative of the law. The CIT(A) emphasized that a subsequent event could not render the earlier filed return as false or incorrect.

5. Judicial precedents and their impact on the case:
The CIT(A) and the Tribunal referred to various judicial precedents, including the Supreme Court's decision in Liberty India vs. CIT, which clarified that no deduction under section 80IB is allowable on export incentives. The Tribunal also relied on the Supreme Court's ruling in Reliance Petro Products Ltd., which held that merely making an incorrect claim does not amount to furnishing inaccurate particulars. The Tribunal concluded that the issue was debatable and the claim was made based on a bona fide belief, thus penalty under section 271(1)(c) was not justified.

Conclusion:
The Tribunal upheld the CIT(A)'s order deleting the penalty, emphasizing that the issue of deductions under sections 80IB and 80HHC was debatable and the claim was made in good faith based on the legal position at the time. The appeal by the Revenue was dismissed.