2015 (10) TMI 2745 - AT - Income Tax

Penalty u/s 271(1)(c) - disallowance u/s 40(a)(i) - non-deduction of tax at source from the amount paid to M/s Maersk India Pvt. Ltd. on the basis of a Circular, as per which, the foreign shipping companies and their agents were governed by the provisions of Section 172 and not by Section 194C - Held that - Imposition and confirmation of penalty u/s 271(1)(c) of the Act which presupposes concealment of income or furnishing of inaccurate particulars of income. Here is a case in which the assessee neither concealed any income nor furnished inaccurate particulars. Deduction on account of M/s Maersk India Pvt.Ltd. was claimed after making due payments. The dispute is only about deduction or non-deduction of tax at source from payments to M/s Maersk India Pvt.Ltd. for which disallowance has been made u/s 40(a)(ia) of the Act. Under no circumstance can such a disallowance be brought within the ambit of Section 271(1)(c) of the Act. The assessee made a proper disclosure about the expense claimed by it as deduction which was neither bogus nor otherwise non-deductible but for the application of Section 40(a)(ia) of the Act. Overturning the impugned order, order for the deletion of the instant penalty. - Decided in favour of assessee.

Summary

Issues:
1. Penalty imposed under section 271(1)(c) of the Income-tax Act, 1961 for non-deduction of tax at source.
2. Interpretation of Section 40(a)(ia) of the Act in relation to deduction of tax at source.
3. Whether the imposition of penalty under section 271(1)(c) is justified in the given case.

Analysis:

Issue 1: Penalty under section 271(1)(c) for non-deduction of tax at source
The appeal was against the penalty of &8377; 4,06,009 imposed by the Assessing Officer under section 271(1)(c) of the Income-tax Act, 1961. The penalty was confirmed by the ld. CIT(A) in relation to the assessment year 2008-09.

Issue 2: Interpretation of Section 40(a)(ia) regarding tax deduction
The Assessing Officer disallowed deductions claimed by the assessee for payments made to M/s Maersk India Pvt. Ltd. totaling &8377; 11,94,498 due to non-deduction of tax at source. The penalty was imposed based on this disallowance under Section 40(a)(ia) of the Act. The assessee believed in good faith that tax deduction was not required based on a Circular regarding the applicability of tax provisions to foreign shipping companies. The principal of M/s Maersk India Pvt. Ltd. was granted 100% DIT relief, supporting the belief that tax deduction was not necessary. It was argued that the penalty under section 271(1)(c) presupposes concealment of income or furnishing inaccurate particulars, which was not the case here. The assessee made a genuine disclosure of expenses claimed as deduction, and the dispute was solely about tax deduction under Section 40(a)(ia), not about concealment or inaccurate particulars.

Issue 3: Justification of penalty under section 271(1)(c)
The Tribunal found that the penalty under section 271(1)(c) was not justified in this case. The assessee did not conceal income or provide inaccurate particulars; the penalty was related to the non-deduction of tax at source, which did not fall under the purview of section 271(1)(c). The Tribunal overturned the penalty and ordered its deletion, allowing the appeal in favor of the assessee.

In conclusion, the Tribunal held that the penalty under section 271(1)(c) for non-deduction of tax at source was not warranted in this case where the assessee acted in good faith based on a genuine belief supported by relevant documentation. The penalty was overturned, and the appeal was allowed.