2016 (1) TMI 254 - HC - Income Tax

Penalty under Section 271(1)(c) - Held that - In the instant case, there is no finding of the Assessing Officer that the details supplied by the assessee in its return was inaccurate, incorrect, erroneous or false. In the absence of any finding of this nature, the question of imposing penalty under Section 271(1)(c) on the mere making of the claim could not arise nor such imposition of penalty would be sustainable in law. In our opinion, a mere making of the claim for certain deductions by itself would not amount to furnishing inaccurate particulars regarding the income of the assessee. Commissioner of Income Tax Vs. Reliance Petro Products Pvt. Ltd. (2010 (3) TMI 80 - SUPREME COURT ) - Decided in favour of assessee.

Issues:
1. Claim of deduction under Section 80 HHC and 80IB for assessment year 2003-04.
2. Disallowance of income derived from DEPB and other export incentives.
3. Initiation of penalty proceedings under Sections 271 (1) (c) of the Act.
4. Appeal before CIT Appeals and subsequent rejection of second appeal.
5. Appeal under Section 260 A of the Tax Act challenging deletion of penalty.
6. Interpretation of "inaccurate particulars" for penalty imposition.
7. Application of Supreme Court judgments in similar cases.

Analysis:
1. The assessee claimed deductions under Section 80 HHC and 80IB for the assessment year 2003-04, specifically 30 percent of the gross total income under Section 80 IB on income from DEPB and Duty Draw Back Scheme. The Assessing Officer disallowed these deductions, stating that the income was not derived from an industrial undertaking. Additionally, penalty proceedings were initiated under Sections 271 (1) (c) of the Act due to alleged inaccurate particulars furnished by the assessee.

2. The CIT Appeals allowed the assessee's appeal, setting aside the penalty order. Subsequently, the department's second appeal was rejected. The department then filed the present appeal under Section 260 A of the Tax Act, arguing that a substantial question of law existed regarding the deletion of the penalty imposed under Section 271 (1) (c) of the Act.

3. The High Court, after hearing arguments from both sides, emphasized that the mere disallowance of deductions does not automatically imply inaccurate particulars or concealment of income by the assessee. The court clarified that inaccurate particulars refer to details in the return that are false, incorrect, or not according to the truth. In this case, as there was no finding by the Assessing Officer that the details supplied by the assessee were inaccurate, the imposition of penalty under Section 271(1)(c) was deemed unsustainable.

4. Referring to the Supreme Court's decision in Commissioner of Income Tax Vs. Reliance Petro Products Pvt. Ltd., the High Court reiterated that making a claim that is not legally sustainable does not amount to furnishing inaccurate particulars. The court also cited similar judgments from its own decisions and upheld that the law clarified by the Supreme Court post the filing of the return cannot be a basis for penalty imposition.

5. Ultimately, the High Court concluded that the tribunal's decision was legally sound, and no substantial question of law arose. As a result, both appeals were dismissed, and the penalty deletion was upheld.

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