2018 (2) TMI 1881 - AT - Income Tax

Levy of penalty u/s. 271(1)(c) - as alleged assessee has included certain income in the return filed pursuance to the notice u/s. 148 - HELD THAT - In its return of income filed on 22.09.2011, the assessee has included the disclosure made by Shri Pranshankar Sompura in his statement recorded u/s. 133A on 21.04.2010. The returned income was accepted as such after making a minor addition on account of low G.P. rate. Notice u/s. 148 is dated 01.03.2013. Therefore, it cannot be said that the assessee has included certain income in the return filed pursuance to the notice u/s. 148 of the Act. Moreover, the assessee did not file any fresh return but instead stated that the return already filed should be treated as filed in pursuance to the notice u/s. 148 of the Act. We do not find this to be a fit case for the levy of penalty u/s. 271(1)(c) of the Act. We accordingly direct the A.O. to delete the penalty so levied - Decided in favour of assessee.

Summary

Issues:
1. Appeal against penalty under section 271(1)(c) of the Income Tax Act for Assessment Years 2009-10 and 2010-11.

Analysis:
1. ITA No. 2221/Ahd/2015 (A.Y. 2010-11):
- The appellant challenged the penalty of ?6,34,184 imposed under section 271(1)(c) of the Act.
- The penalty was based on an assessment order dated 28.03.2014, where the return of income was filed by the assessee on 22.09.2011.
- The assessee argued that the disclosed amount was included in the return of income and assessed accordingly, hence no concealment was involved.
- Despite the assessee's contentions, the penalty was levied by the Assessing Officer and upheld by the CIT(A).
- The Tribunal observed that the disclosed amount was included in the return filed before the notice under section 148 was issued, and no fresh return was filed later.
- Considering the facts, the Tribunal found no grounds for penalty under section 271(1)(c) and directed the Assessing Officer to delete the penalty.

2. ITA No. 2220/Ahd/2015 (A.Y. 2009-10):
- In this appeal, the penalty under section 271(1)(c) was challenged by the assessee.
- The facts were similar to A.Y. 2010-11, with the only distinction being the timing of filing the return.
- The notice under section 148 was issued on 12.12.202, and the return of income was filed on 11.01.2013, after the issuance of the notice.
- The Tribunal upheld the penalty for this year, as the income offered for taxation was not disclosed by the assessee before the notice under section 148 was received.
- The reasoning provided for deleting the penalty in A.Y. 2010-11 did not apply here, justifying the penalty imposition for A.Y. 2009-10.

In conclusion, the Tribunal allowed the appeal in ITA No. 2221/Ahd/2015 for A.Y. 2010-11, directing the deletion of the penalty under section 271(1)(c). However, in ITA No. 2220/Ahd/2015 for A.Y. 2009-10, the penalty was upheld as the income offered for taxation was not disclosed before the notice under section 148 was issued.