2016 (3) TMI 1352 - AT - Income Tax

Penalty u/s 271(1)(c) - assessee had failed to produce books of account during assessment proceedings in confirmation of the income declared by the assessee - income assessed over and above the income returned by the assessee represents its concealed income - CIT-A deleted the penalty - HELD THAT - In the present case, as correctly noted by the ld. CIT(A), the addition was by way of estimating the income and such estimate was not a result of any finding of any concealment of income, or of furnishing of inaccurate particulars of income by the assessee. The estimation u/s 144 was of ₹ 1,66,98,147/-. This was reduced to an estimate of ₹ 39,22,515/-, vide order passed u/s 164. Even the AO has, in the penalty order, admitted the factum of estimation of income. CIT(A) has correctly relied on the decisions for the proposition that in the case of estimation of income, no concealment penalty is leviable. No decision to the contrary has been placed before us. Finding no force in the grounds raised by the department, they are rejected. The order under appeal is confirmed. - Decided against revenue.

Summary

Issues Involved:
1. Deletion of penalty imposed under Section 271(1)(c) of the Income Tax Act.
2. Non-production of books of account during assessment proceedings.
3. Estimation of income and its implications on penalty provisions.

Issue-wise Detailed Analysis:

1. Deletion of Penalty Imposed under Section 271(1)(c) of the Income Tax Act:
The primary issue in this case is whether the CIT(A) was right in deleting the penalty of Rs. 13,88,830/- imposed under Section 271(1)(c) of the Income Tax Act. The Department contended that the penalty was justified as the assessee failed to produce books of account, leading to an assessment of concealed income. However, the CIT(A) held that penalty is not leviable when income is estimated, even if the estimated income attains finality. The CIT(A) relied on several judicial precedents, including CIT vs. K.R. Chinni Krishna Chetty (2000) 246 ITR 121 (Mad) and CIT vs. Mata Prasad [2005] 278 ITR 354 (All), which support the view that penalty cannot be imposed merely because an addition is made on an estimated basis.

2. Non-production of Books of Account During Assessment Proceedings:
The assessee, a Private Limited Company, filed a return declaring a taxable income of Rs. 1,27,217/-. The Assessing Officer (AO) assessed the income at Rs. 1,66,98,147/- under Section 144 of the I.T. Act due to the non-furnishing of details and books of account by the assessee. The AO estimated the income at 10% of the turnover from contract receipts, arriving at an income of Rs. 39,22,515/-. The AO justified the penalty by stating that the assessee deliberately concealed material facts and failed to produce books of account despite multiple opportunities, which forced the AO to make a best-judgment assessment.

3. Estimation of Income and Its Implications on Penalty Provisions:
The CIT(A) and various judicial precedents have consistently held that penalty under Section 271(1)(c) is not leviable in cases where income is estimated. The CIT(A) cited several cases, such as CIT v. Raj Bans Singh [2005] 276 ITR 351 (All) and Harigopal Singh v. CIT [2002] 258 ITR 85 (P&H), which establish that penalty cannot be imposed solely based on estimated additions unless there is conclusive proof of concealment. The CIT(A) noted that the addition in this case was purely an estimation and not a result of any finding of concealment or inaccurate particulars of income. The department's reliance on cases like Addl. CIT vs. Chandrakantaha and another, 205 ITR 607 (All) and Addl. CIT vs. Lakshmi Industries and Cold Storage Co. Ltd., 146 ITR 492 (All.) was found to be misplaced as these cases did not involve income estimation but rather unexplained cash credits and discrepancies in books of account.

Conclusion:
The Tribunal upheld the CIT(A)'s order, confirming that no concealment penalty is leviable in cases of income estimation. The appeal by the department was dismissed, and the penalty of Rs. 13,88,830/- was deleted. The Tribunal found no force in the department's grounds and confirmed that the CIT(A) correctly applied the legal principles regarding penalty provisions in cases of estimated income. The order was pronounced in open court on 04/03/2016.