2010 (4) TMI 1203 - AT - Income Tax

Summary

Issues involved: Appeal against penalty u/s 271(1)(c) of the Income Tax Act based on deletion of addition in quantum assessment for asst. year 1998-99.

Summary:

Issue 1: Deletion of penalty u/s 271(1)(c)
The appeal was filed by the revenue against the deletion of penalty of Rs. 9,54,080/- levied u/s 271(1)(c) of the Income Tax Act. The Assessing Officer had imposed the penalty based on the addition made in the quantum assessment, which was later deleted by the Tribunal in its order dated 7.12.2007. The CIT(A) canceled the penalty after considering that the addition in the quantum assessment had been deleted. The Tribunal upheld the decision of the CIT(A) and dismissed the appeal filed by the revenue, stating that no interference was called for since the basis for imposition of penalty no longer existed.

Issue 2: Computation of long term capital gains
The assessee, a Hindu Undivided Family (HUF), had received a total consideration of Rs. 59,94,000/- on account of the sale of property to a builder. The capital gains were worked out at Rs. 55,39,603/- after claiming exemption u/s 54 amounting to Rs. 53,60,400/- and the balance was offered to tax as long term capital gains. The Assessing Officer disallowed the claim of deduction u/s 54, resulting in the entire amount being taxed as long term gains. The CIT(A) allowed the deduction u/s 54 in respect of only one flat, leading to a revised computation of long term capital gains and tax payable.

Conclusion:
The Tribunal upheld the decision of the CIT(A) to cancel the penalty u/s 271(1)(c) based on the deletion of the addition in the quantum assessment. The appeal filed by the revenue was dismissed, and the order was pronounced on 13th April, 2010.